H. B. 4316
(By Delegates Douglas, Hubbard, Fleischauer,
C. White, Modesitt, Staton and Boggs)
[Introduced January 31, 2000; referred to the
Committee on the Judiciary.]
A BILL to repeal section fifteen, article fourteen-b, chapter seven
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section eleven,
article ten-a, chapter eighteen of said code; and to amend and
reenact section twenty, article six, chapter twenty-nine of
said code, all relating to deleting the prohibition that
officers or employees engaged in the administration of the
vocational rehabilitation program can not take an active part
in the management of political campaigns or participate in any
political activity; repealing section of code prohibiting
political activity of correctional officers; and, deleting the
prohibition against classified service employees being
candidates for public office.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article fourteen-b, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that section eleven, article ten-a, chapter
eighteen of said code be amended and reenacted; and that section
twenty, article six, chapter twenty-nine of said code be amended
and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 10A. REHABILITATION SERVICES.
§18-10A-11. Political activity.
No officer or employee engaged in the administration of the
vocational rehabilitation program shall use his or her official
authority or influence or permit the use of the vocational
rehabilitation program for the purpose of interfering with an
election or affecting the result thereof or for any partisan
No such officer or employee shall take an
active part in the management of political campaigns or participate
in any political activity, except that he shall retain the right to
vote as he may please and to express his opinions as a citizen on
all subjects. No such officer or employee shall may solicit or
receive, nor shall any such officer or employee be obliged to
contribute or render, any service, assistance, subscription,
assessment or contribution for any political purpose. Any officer
or employee violating this provision shall be discharged.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 6. CIVIL SERVICE COMMISSION.
§29-6-20. Favoritism or discrimination because of political or
religious opinions, affiliations or race.
(a) No person
shall may be appointed or promoted to or
demoted or dismissed from any position in the classified service or
in any way favored or discriminated against with respect to such
employment because of his or her political or religious opinions or
affiliations or race; but nothing herein shall be is construed as
precluding the dismissal of any employee who may be engaged in
subversive activities or found disloyal to the nation.
(b) No person
shall may seek or attempt to use any political
endorsement in connection with any appointment in the classified
(c) No person
shall may use or promise to use, directly or
indirectly, any official authority or influence, whether possessed
or anticipated, to secure or attempt to secure for any person an
appointment or advantage in appointment to a position in the
classified service, or an increase in pay or other advantage in
employment in any such position, for the purpose of influencing the
vote or political action of any person or for any consideration.
(d) No employee in the classified service or member of the
board or the director
shall may, directly or indirectly, solicit or
receive any assessment, subscription or contribution, or perform
any service for any political party, committee or candidate for compensation, other than for expenses actually incurred, or in any
manner take part in soliciting any such assessment, subscription,
contribution or service of any employee in the classified service.
(e) Notwithstanding any other provision of this code, no
employee in the classified service
(1) Use his or her official authority or influence for the
purpose of interfering with or affecting the result of an election
or a nomination for office; or
(2) Directly or indirectly coerce, attempt to coerce, command
or advise a state or local officer or employee to pay, lend or
contribute anything of value to a party, committee, organization,
agency or person for political purposes.
(3) Be a candidate for any national or state paid public
office or court of record; or hold any paid public office; or be a
candidate or delegate to any state or national political party
convention, a member of any national, state or local committee of
a political party, or a financial agent or treasurer within the
meaning of the provisions of section three, four or five-e, article
eight, chapter three of this code.
Other types of partisan or nonpartisan political campaigning
and management not inconsistent with the provisions of this
subdivision and with the provisions of subsection (d) of this
shall be are permitted.
(f) Political participation pertaining to constitutional amendments, referendums, approval of municipal ordinances or
shall not be is not deemed to be prohibited by the
foregoing provisions of this section.
(g) Any classified employee who becomes a candidate for any
paid public office as permitted by this section shall be placed on
a leave of absence without pay for the period of such candidacy,
commencing upon the filing of the certificate of candidacy.
NOTE: The purpose of this bill is to delete the prohibition
that vocational rehabilitation program officers or employees can
not take an active part in the management of political campaigns or
participate in any political activity. It further repeals a
section of code prohibiting political activity of correctional
officers. Finally, it deletes the prohibition against classified
service employees being candidates for public office.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would