Senate Bill No. 472
(By Senator Jackson)
[Introduced February 14, 2000; referred to the Committee
on the Judiciary.]
A BILL to amend and reenact section forty-six, article one, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to exempting certain
experienced election officials from the training requirement.
Be it enacted by the Legislature of West Virginia:
That section forty-six, article one, 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 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-46. Training program for election officials.
(a) The secretary of state in conjunction with the state
election commission shall produce one or more audio-visual programs
which shall explain and illustrate the procedures for conducting elections, the duties of the various election officials and the
methods of voting on each voting system in use in the state.
(b) One copy of the appropriate training program shall be
distributed to and kept and preserved by the clerk of the county
commission of each county. The program shall be shown to all
election officials before each election as part of their
instructional program. The clerk of the county commission shall
conduct an adequate number of sessions to train all election
officials and shall schedule the regular sessions not less than
seven days before each election and shall notify all election
officials of the exact date, time and place such instructional
program will be conducted.
(c) No person
shall may serve as an election commissioner or
poll clerk in any election unless he or she has attended such
instructional program. A person to replace any election official
who fails to attend the instructional program shall be appointed in
the same manner as persons are appointed under the provisions of
section thirty of this article to replace election officials
refusing to serve, and the clerk of the county commission shall
conduct an additional instructional program within the seven days
prior to the election for any such person or persons so appointed:
Provided, That in cases of emergency when no person who has attended the instructional program for that election is available
to fill a vacancy on the election board, the clerk of the county
commission may appoint such person as a commissioner or poll clerk
notwithstanding that such person has not received the instruction.
(d) No person may be required to attend the instructional
program if that person has served in at least four of the last six
primary or general elections: Provided, That if either the county
clerk or the secretary of state certifies that a substantial change
in election procedures has occurred since that person last served
in a primary or general election, that person is required to attend
the instructional program pursuant to subsection (c) of this
(d) (e) The requirements of this section shall apply to all
elections conducted by municipalities, except that the recorder or
municipal clerk responsible for the election shall perform the
duties of the clerk of the county commission defined herein. The
clerk of the county commission may assist the recorder or municipal
clerk in conducting the instructional program.
(e) (f) While such program is not being used by the clerk for
instructional purposes, it the clerk shall be make it available to
any duly organized civic, religious, educational or charitable
group without charge, except that the clerk shall require a cash deposit on such use in an amount to be determined by the secretary
(f) (g) The secretary of state shall cause such program to be
amended, edited or reproduced whenever he or she is of the opinion
such revision is necessary in light of changes in the election laws
of this state.
(g) (h) No elected official shall may appear in such program
either in person or by visual image or by name.
NOTE: The purpose of this bill is to exempt certain election
officials from attending the instructional program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would