H. B. 4729
(By Delegates Michael, Martin, Doyle,
Mezzatesta and Douglas)
[Introduced February 25, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend article five, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section seven-a,
relating to prohibiting persons from serving in an office to
which they were elected and simultaneously becoming a
candidate for election to the same office for a term that
commences before the expiration of the term for which the
person was elected.
Be it enacted by the Legislature of West Virginia:
That article five, chapter three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section seven-a, to read
as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-7a. Elected official not to be a candidate for election to
the same office during term.
(a) The Legislature finds and declares that it is in the
interest of sound public policy to prohibit persons from serving in
an office to which they were elected and simultaneously becoming a
candidate for election to the same office for a term that commences
before the expiration of the term for which the person was elected.
A person who controls a term of office by virtue of election should
not be permitted to directly and immediately affect the outcome of
another election that would fill a separate term for the same
office. Accordingly, the following candidacies are not permitted:
(1) A person who has been elected and who is serving as a
commissioner of a county commission shall not be a candidate for
election to the county commission for a term that commences before
the expiration of the term for which the person was elected;
(2) A person who has been elected and who is serving as a
member of a county board of education shall not be a candidate for
election to the board of education for a term that commences before
the expiration of the term for which the person was elected;
(3) A person who has been elected and who is serving as a
judge of a circuit court in a multi-judge circuit shall not be a
candidate for election to the circuit court for a term that
commences before the expiration of the term for which the person
was elected;
(4) A person who has been elected and who is serving as a
member of the West Virginia Senate representing the eighth senatorial district or the seventeenth senatorial district shall
not be a candidate for election to the Senate for a term that
commences before the expiration of the term for which the person
was elected; and
(5) A person who has been elected and who is serving as a
judge of the supreme court of appeals shall not be a candidate for
election to the court for a term that commences before the
expiration of the term for which the person was elected.
(b) A candidate who files a certificate of announcement
contrary to this section shall not be certified by the secretary of
state or the board of ballot commissioners or placed on the ballot
for the office sought in the certificate of announcement.
(c) The provisions of this section apply to the primary and
general election to be held in the year two thousand and every
election held thereafter.
This section is new; therefore, strike-throughs and
underscoring have been omitted.