
H. B. 4564

(By Delegates Amores, Ashley, Rowe, Spencer,
Thompson, Webb and Hutchins)

[Introduced February 17, 2000; referred to the

Committee on the Judiciary.]
A BILL to amend and reenact section five, article one-a, chapter
three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
state election commission in cooperation with the secretary
of state to study and develop a method of conducting primary
and general elections by means of computer internet systems.
Be it enacted by the Legislature of West Virginia:
That section five, article one-a, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.
§3-1A-5. Powers and duties of commission; legislative rules.
(a) The commission shall have the power and duty to approve or disapprove applications for approval of any voting machine as
provided in section seven, article four of this chapter.
(b) The commission also shall serve as a body advisory to
the secretary of state, and, as such, shall have the following
powers and duties:
(1) To recommend policies and practices pertaining to the
registration of voters and the conduct of elections generally;
(2) To review the work of the office of secretary of state
pertaining to the duties of that office with respect to
elections, and for this purpose to have access at reasonable
times to pertinent records, books, papers and documents;
(3) To consider and study the election practices of other
jurisdictions, with a view to determining the techniques used in
eliminating fraud in elections and in simplifying election
procedures;
(4) To advise or make recommendations to the governor
relative to election practices and policy in the state; and
(5) To keep minutes of the transactions of each meeting of
the commission, which shall be public records and filed with the
secretary of state.
(c) It shall be the commission's further duty to prepare and distribute in its name, within available appropriations and upon
the recommendation of the secretary of state, nonpartisan
educational material to inform voters of the importance of
voting, to encourage voters to vote, to inform voters of election
laws and procedures, and to inform voters of the effect of any
public question, constitutional amendment or bond issue that is
to be voted upon by all the voters of the state and that has been
authorized to be placed upon the ballot by the Legislature, and
manuals to assist county commissions, ballot commissioners,
circuit and county clerks and other election officials in the
proper performance of their duties in the conduct of elections.
(d) The commission shall promulgate such legislative rules,
in accordance with the provisions of chapter twenty-nine-a of
this code, as may be necessary to standardize and make effective
the administration of the provisions of article eight of this
chapter, and may promulgate such other rules, in accordance with
the provisions of chapter twenty-nine-a of this code, relating to
the conduct and administration of elections as the commission may
determine to be advisable. All rules required or permitted to be
promulgated by the commission by the provisions of this section
shall be submitted on or before the first day of August, one thousand nine hundred ninety-five, to the Legislature for review
by the legislative rule-making review committee and approval by
the Legislature.
(e) It is a further duty of the commission, before the first
day of January, two thousand one, in full cooperation with the
secretary of state to consider and study the feasibility of
election procedures in both primary and general elections by use
of a computer internet system. The commission and the secretary
of state shall promulgate legislative rules, in accordance with
the provisions of chapter twenty-nine-a of this code, as may be
necessary to standardize and make effective and provide adequate
security for the administration of elections by a computer
internet system. All rules required or permitted to be
promulgated by the commission and secretary of state by the
provisions of this section relating to elections by a computer
internet system shall be submitted on or before the first day of
August, two thousand one, to the Legislature for review by the
legislative rule-making review committee and approval by the
Legislature.
NOTE: The purpose of this bill is to require the state
election commission in cooperation with the secretary of state to
study and promulgate rules for primary and general election
procedures by use of computer internet systems.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.