Senate Bill No. 393
(By Senators Sprouse, Chafin, Kessler, Minear, Dawson, McKenzie,
Unger, Craigo, Helmick, Bowman, Edgell, Fanning, Prezioso,
Bailey, Anderson, Dittmar, Ross, Ball, Love, Deem, Boley, Redd,
Plymale and Tomblin, Mr. President)
[Originating in the Committee on Finance;
reported February 25, 2000.]
A BILL to amend and reenact section one, article five, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to changing the date on which
the West Virginia presidential primary election is held;
specifying issues which may be placed on the ballot; requiring
the state to pay the cost; and allowing political parties to
determine eligible voters.
Be it enacted by the Legislature of West Virginia:
That section one, article five, 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 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-1. Time and place of holding primary elections; hours
polls open; presidential primary elections.
Primary Subject to the provisions of subsection (b) of
this section, primary elections shall be held at the voting place
in each of the voting precincts in the state, for the purposes set
forth in this article, on the second Tuesday in May in the year one
thousand nine hundred eighty-six, and in each second year
At such election the polls shall be opened and closed at the
hours provided for opening and closing the polls in a general
election.(b) In the year two thousand four, and every four years
thereafter, the presidential primary election shall be held on a
Saturday selected by the secretary of state which is no later than
the third Saturday following the date on which the state of New
Hampshire holds a similar election when a president of the United
States is to be elected.
(1) The only issues which may be placed on the ballot at a
presidential primary election are those issues which pertain directly to the presidential election and those issues which are
being placed before the voters by a county, municipality or local
(2) Those political parties which are eligible to participate
in the presidential primary election shall determine those voters
who are eligible to vote in that election.
(3) The state shall bear the entire cost of the presidential
(c) At the primary elections provided for in this section the
polls shall be opened and closed at the hours provided for opening
and closing the polls in a general election.