H. B. 4015
(By Delegate Marshall)
(Originating in the House Committee on the Judiciary)
[March 2, 2000]
A BILL to amend and reenact section five, article five, chapter
eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to municipal
elections; eliminating need for elections where all
candidates unopposed; posting notice; and candidates taking
Be it enacted by the Legislature of West Virginia:
That section five, article five, chapter eight of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION
OF OFFICERS; GENERAL PROVISIONS RELATING TO
OFFICERS AND EMPLOYEES; ELECTIONS AND PETITIONS
GENERALLY; CONFLICT OF INTEREST.
PART II. REGULAR ELECTION OF OFFICERS.
§8-5-5. Regular election of officers; establishment of longer
After the first election of officers of a city, town or
village, the regular election of officers shall be held on the
second Tuesday in June of the appropriate year, unless otherwise
provided in the charter of the city or the special legislative
charters of the towns or villages, as the case may be: Provided,
That no election is required if all candidates are unopposed and
write-in candidates are precluded pursuant to the provisions of
section four-a, article six, chapter three of this code. A
notice shall be posted at each polling place or precinct, no
later than the time established for the polls to open, that the
election has been canceled because all candidates are unopposed.
The candidates shall be deemed to have been elected and shall
qualify and take office and serve exactly as if elected at a
municipal election for the office.
A municipal election date established by a charter provision
may fall on the same day as the county-state primary or general
election only when the voting precinct boundaries in the
municipality coincide with the voting precinct boundaries
established by the county commission or when the charter provides
for separate registration books. If a municipal election falls
on the same day as the county-state primary or general election,
the municipality and county may agree to use the county election
officials in the municipal elections, if practicable, or the
municipality may provide for separate election officials.
A municipal election date established by charter provision
may fall within twenty-five days of a county-state primary or general election only where separate registration books are
provided and maintained for the municipal election.
Any municipality which establishes its election date by
charter provision must comply with the provisions of this section
or the election date shall be the second Tuesday of June. The
language of this section shall not be construed to prevent any
city, town or village from amending the provisions of its charter
or special legislative charter, as the case may be, to provide
that its municipal election be held on some day other than the
second Tuesday in June.
Officers of a city may be elected for a four-year term at
the same election at which a proposed charter, proposed charter
revision or charter amendment providing for four-year terms is
voted upon. The ballots or ballot labels used for the election
of officers must indicate that the officers will be elected for
four-year terms if the proposed charter, revision or amendment is
approved. Officers of a town or village may be elected for a
four-year term upon approval by a majority of the legal votes
cast at a regular municipal election of a proposition calling
for four-term terms. The ballots or ballot labels used for the
election of officers must indicate that the officers will be
elected for four-year terms if the proposition is approved.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.