Senate Bill No. 482

(By Senators Tomblin (Mr. President) and Sprouse

By Request of the Executive)

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[Introduced February 15, 2000; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section sixteen, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections eleven and eleven-a, article four-a of said chapter; to amend article five of said chapter by adding thereto a new section, designated section six-a; to amend and reenact sections seven, thirteen and thirteen-a of said article; and to amend and reenact section two, article six of said chapter, all relating to the nonpartisan election of justices of the supreme court of appeals; timing and frequency of election; ballot design and printing; separation from partisan ballot; nonpartisan election of justices; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content and form.

Be it enacted by the Legislature of West Virginia:
That section sixteen, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections eleven and eleven-a, article four-a of said chapter be amended and reenacted; that article five of said chapter be amended by adding thereto a new section, designated section six-a; that sections seven, thirteen and thirteen-a of said article be amended and reenacted; and that section two, article six of said chapter be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-16. Election of state officers.
At the general election to be held in the year one thousand nine hundred sixty-eight, and in every fourth year thereafter, there shall be elected a governor, secretary of state, treasurer, auditor, attorney general, and commissioner of agriculture. At the general election in the year one thousand nine hundred sixty-eight, and in every second year thereafter, there shall be elected a member of the state Senate for each senatorial district, and a member or members of the House of Delegates of the state from each county or each delegate district. At the general election to be held in the year one thousand nine hundred sixty-eight, and in every twelfth year thereafter, there shall be elected one judge justice of the supreme court of appeals, and at the general election to be held in the year one thousand nine hundred seventy-two, and in every twelfth year thereafter, two judges justices of the supreme court of appeals, and at the general election to be held in the year one thousand nine hundred seventy-six, and in every twelfth year thereafter, two judges justices of the supreme court of appeals: Provided, That at the general election to be held in the year two thousand, and in every twelfth year thereafter, there shall be elected two justices of the supreme court of appeals, and at the general election to be held in the year two thousand four, and in every twelfth year thereafter, there shall be elected one justice of the supreme court of appeals, and at the general election to be held in the year two thousand eight, and in every twelfth year thereafter, there shall be elected two justices of the supreme court of appeals.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-11. Ballot labels, instructions and other supplies; procedure and requirements.

The ballot commissioners of any county in which an electronic voting system utilizing voting devices for registering the voter's choices is to be used in any election shall cause to be printed for use in such election the ballot cards and ballot labels, as appropriate, for the electronic voting system.
(a) The ballot labels shall be clearly printed in black ink on clear white material of such size as will fit the vote recording devices. Arrows shall be printed on the ballot labels to indicate the place to punch the ballot card, which may be to the right or left of the name or proposition.
(b) The ballot labels shall contain the party emblem and shall clearly indicate the party designation of each candidate. The titles of offices may be arranged on the ballot labels in vertical columns or in a series of separate pages, and shall be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. The names of candidates for each office shall be printed in vertical columns or on separate pages, grouped by the offices which they seek.
(c) For the primary election, the heading of the ballot, the type faces, the names and arrangement of offices and the printing of names and arrangement of candidates within each office shall conform as nearly as possible to the provisions of sections thirteen and thirteen-a, article five of this chapter.
(d) For the general election, the heading of the ballot, the straight ticket positions, the instructions to straight ticket voters, the type faces, the names and arrangement of offices and the printing of names and the arrangement of candidates within each office shall conform as nearly as possible to the provisions of section two, article six of this chapter, except as otherwise provided in this article. The secretary of state shall assign uniform numbers which shall be used by all counties using electronic voting for all straight party tickets and for all candidates running for offices to be voted upon by all of the voters of the state. After taking into account the numbers so assigned by the secretary of state, the clerk of the circuit court shall arrange the offices and the candidates within each office as prescribed by said section, and shall assign the appropriate number for each candidate. When one candidate is to be elected and only two parties are on the ballot, the ballot label and the arrangement of the ballot shall conform as nearly as practical to the following
example:
- - - - - - - - - - - - - - - -- - - - - - - - - - - - -
Democratic Ticket
Republican Ticket

For GovernorFor Governor
(Vote for One)
(Vote for One)

- - - - - - - - - - - - - - - -- - - - - - - - - - - - - -

(candidate's name) 10 ---
(residence, county)
--- 11 (candidate's name)
(residence, county)

When more than two parties are on the ballot for an office, the arrangement of the ballot shall be specified by the secretary of state, and may conform to the following example if practical:
- - - - - - - - - - - - - - - - - - - - - - - -

For Governor

(Vote for One)

- - - - - - - - - - - - - - - - - - - - - - - -

Democrat
(candidate's name)
10 ---

(residence, county)
Republican
(candidate's name)
11 ---

(residence, county)
People's
(candidate's name)
12 ---

(residence, county)
The ballot label and the arrangement of the ballot for multicandidate offices shall conform as nearly as practical to the following example:
- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -
Democratic Ticket
Republican Ticket

For House of DelegatesFor House of Delegates
First Delegate DistrictFirst Delegate District
(Vote For Not More Than Two)(Vote For Not More Than Two)
[If you marked a straight[If you marked a straight
ticket and you mark anyticket and you mark any
candidate in a differentcandidate in a different
party for this office, youparty for this office, you
must mark all your choicesmust mark all your choices
because your straight ticketbecause your straight ticket
vote will not be countedvote will not be counted
for this office.]for this office.]
- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
(candidate's name) 69 ---
(residence, county)

--- 70 (candidate's name)
(residence, county)

(candidate's name) 71 ---
(residence, county)

--- 72 (candidate's name)
(residence, county)

 (e) Any nonpartisan office such as board of education and justice of the supreme court of appeals, and any question to be voted on shall be placed on a separate page or otherwise separated from the partisan ballots, which separate page shall constitute a separate ballot where required.
(f) In elections in which voters are authorized to vote for official write-in candidates whose names do not appear on the ballot label, there shall be provided, as described herein, a write-in position on the ballot label for the voter to indicate his or her preference for a write-in candidate and a form on the inside of the secrecy envelope to permit a voter to enter the title of the office and the names of official write-in candidates for whom he or she wishes to vote.
For an office to be filled by election in a primary, except delegate to national convention, and for each office in a general election, the ballot label shall include, following all candidates for the office, a single numbered position with an arrow indicating the location to punch the ballot card to indicate a preference for a write-in candidate. The following instructions shall be printed beside the arrow in at least ten point type. "TO WRITE-IN FOR THIS OFFICE: Punch here and put name of office and candidate on inside of secrecy envelope. DO NOT put name here."
(g) In addition to all other equipment and supplies required by the provisions of this article, the ballot commissioners shall cause to be printed a supply of instruction cards, sample ballots, facsimile diagrams of the vote recording device ballot and official printed ballots or ballot cards adequate for the orderly conduct of the election in each precinct in their county. In addition they shall provide all other materials and equipment necessary to the conduct of the election, including voting booths, appropriate facilities for the reception and safekeeping of ballot cards, the ballots of absentee and of challenged voters and of such "independent" voters who shall, in primary elections, cast their votes on nonpartisan candidates and public questions submitted to the voters.
§3-4A-11a. Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers.

(a) The board of ballot commissioners in counties using ballots upon which votes may be recorded by means of marking with electronically sensible ink or pencil and which marks are tabulated electronically shall cause the ballots to be printed for use in elections.
(b) (1) The heading of the ballot, the arrangement of offices in columns, the spaces for marking votes, the printing of offices, instructions and candidates names shall conform as nearly as possible to that prescribed in this chapter for paper ballots, except that the secretary of state may prescribe necessary modifications to accommodate the tabulating system. Nonpartisan elections for board of education and justice of the supreme court of appeals, and any question to be voted upon shall be separated from the partisan ballot and separately headed in display type with a title clearly identifying the purpose of the election, and such separate section shall constitute a separate ballot wherever a separate ballot is required under the provisions of this chapter.
(2) Both the face and the reverse side of the ballot may contain the names of candidates, only if means to ensure the secrecy of the ballot are provided and lines for the signatures of the poll clerks on the ballot are printed on a portion of the ballot which is deposited in the ballot box and upon which marks do not interfere with the proper tabulation of the votes.
(3) The arrangement of candidates within each office shall be determined in the same manner as for other electronic voting systems, as prescribed in this chapter. On the general election ballot for all offices, and on the primary election ballot only for those offices to be filled by election, except delegate to national convention, lines for entering write-in votes shall be provided below the names of candidates for each office, and the number of lines provided for any office shall equal the number of persons to be elected, or three, whichever is fewer. The words "WRITE-IN, IF ANY" shall be printed directly under each line for write-ins. Such lines shall be opposite a position to mark the vote.
(c) The primary election ballots shall be printed in the color of ink specified by the secretary of state for the various political parties, and the general election ballot shall be printed in black ink. All ballots shall be printed on white paper suitable for automatic tabulation and shall contain a perforated stub at the top or bottom of the ballot which shall be numbered sequentially in the same manner as provided in this article for ballots upon which votes are recorded by means of perforating. The number of ballots printed and the packaging of ballots for the precincts shall conform to the requirements for paper ballots as provided in this chapter.
(d) In addition to the official ballots, the ballot commissioners shall provide all other materials and equipment necessary to the proper conduct of the election.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-6a. Election of justices of the supreme court of appeals.
(a) An election for the purpose of electing a justice or justices of the supreme court of appeals shall be held on the same date as the general election, as provided by law, but upon a nonpartisan ballot printed for this purpose.
(b) In each nonpartisan election for a justice or justices of the supreme court of appeals, the board of canvassers shall declare and certify the election of the required number of eligible candidates receiving the highest numbers of votes to fill any full terms.
(c) It is the intent of this section that any person declared to be elected under this section shall take office as a duly elected justice, even though the person received a plurality of all votes cast at such election.
(d) In case of a tie vote under this section, the provisions of section twelve, article six of this chapter shall control in breaking the tie.
§3-5-7. Filing announcements of candidacies; requirements; withdrawal of candidates when section applicable.

Any person who is eligible and seeks to hold an office or political party position to be filled by election in any primary or general election held under the provisions of this chapter shall file a certificate of announcement declaring as a candidate for the nomination or election to the office.
(a) The certificate of announcement shall be filed as follows:
(1) With the secretary of state, if it be an office or political position to be filled by the voters of more than one county;
(2) With the clerk of the circuit court, if it be for an office to be filled by the voters of a single county or of a subdivision less than a county;
(3) With the recorder or city clerk if it be for an office to be filled by the voters of a municipality.
Except for the offices of justice of the supreme court of appeals, which are to be filled on a nonpartisan basis beginning at the general election conducted in the year two thousand, the certificate of announcement shall be filed with the proper officer not earlier than the second Monday in January next preceding the primary election day, and not later than the last Saturday in January next preceding the primary election day, and must be received before midnight, eastern standard time, of that day or, if mailed, shall be postmarked by the United States postal service before that hour. For the offices of justice of the supreme court of appeals, which, beginning in the year two thousand are to be filled on a nonpartisan basis at the general election, the certificate of announcement shall be filed with the proper officer not later than the second Tuesday in May, and must be received before midnight, eastern standard time, of that day or, if mailed, shall be postmarked by the United States postal service before that hour. All certificates of announcement for the office of justice of the supreme court of appeals, which were filed not earlier than the second Monday in January next preceding the primary election day, and not later than the last Saturday in January next preceding the primary election day, and were received before midnight, eastern standard time, of that day or, if mailed, were postmarked by the United States postal service before that hour, may be withdrawn on or before midnight, eastern standard time, of the second Tuesday in May, in accordance with the provisions of article five, section eleven of this chapter, with a full refund of any filing fees paid or, if not withdrawn, shall be effective for purposes of the nonpartisan election for such offices to be held on general election day.
(b) The certificate of announcement shall be in a form prescribed by the secretary of state on which the candidate shall make a sworn statement before a notary public or other officer authorized to give oaths, containing the following information:
(1) The date of the election in which the candidate seeks to appear on the ballot;
(2) The name of the office sought; the district, if any; and the division, if any;
(3) The legal name of the candidate, and the exact name the candidate desires to appear on the ballot, subject to limitations prescribed in section thirteen, article five of this chapter;
(4) The county of residence and a statement that the candidate is a legally qualified voter of that county; and the magisterial district of residence for candidates elected from magisterial districts or under magisterial district limitations;
(5) The specific address designating the location at which the candidate resides at the time of filing, including number and street or rural route and box number, and city, state and zip code;
(6) For partisan elections, the name of the candidate's political party, and a statement that the candidate is a member of and affiliated with that political party as is evidenced by the candidate's current registration as a voter affiliated with that party, and that the candidate has not been registered as a voter affiliated with any other political party for a period of sixty days before the date of filing the announcement;
(7) For candidates for delegate to national convention, the name of the presidential candidate to be listed on the ballot as the preference of the candidate on the first convention ballot; or, a statement that the candidate prefers to remain "uncommitted";
(8) A statement that the person filing the certificate of announcement is a candidate for the office in good faith;
(9) The words "subscribed and sworn to before me this ______ day of ___________________, 19 20 ____," and a space for the signature of the officer giving the oath.
The secretary of state or the board of ballot commissioners, as the case may be, may refuse to certify the candidacy or remove the certification of the candidacy upon receipt of a certified copy of the voter's registration record of the candidate evidencing that the candidate was registered as a voter in a party other than the one named in the certificate of announcement during the sixty days immediately preceding the filing of the certificate: Provided, That unless a signed formal complaint of violation of this section and the certified copy of the voter's registration record of the candidate be filed with the officer receiving that candidate's certificate of announcement no later than ten days following the close of the filing period, the candidate shall not be refused certification for this reason.
(c) The certificate of announcement shall be subscribed and sworn to by the candidate before some officer qualified to administer oaths, who shall certify the same. Any person who knowingly provides false information on the certificate is guilty of false swearing and shall be punished as set forth in section three, article nine of this chapter.
(d) Any candidate for delegate to a national convention may change his or her statement of presidential preference by notifying the secretary of state by letter received by the secretary of state no later than the third Tuesday following the close of candidate filing. When the rules of the political party allow each presidential candidate to approve or reject candidates for delegate to convention who may appear on the ballot as committed to that presidential candidate, the presidential candidate or the candidate's committee on his or her behalf may file a list of approved or rejected candidates for delegate, and the secretary of state shall list as "uncommitted" any candidate for delegate who is disapproved by the presidential candidate.
(e) No person shall be a candidate for more than one office or office division at any election: Provided, That a candidate for an office may also be a candidate for president of the United States, for membership on a political party executive committee or for delegate to a political party national convention. Notwithstanding the provisions of this section, nothing shall prohibit a candidate from jointly running for or holding the offices of county clerk and circuit clerk in those counties which operate a joint clerkship system.
(f) Any candidate who files a certificate of announcement for more than one office or division and does not withdraw, as provided by section eleven, article five of this chapter, from all but one office prior to the close of the filing period shall not be certified by the secretary of state or placed on the ballot for any office by the board of ballot commissioners.
The provisions of this section enacted during the regular session of the Legislature in the year one thousand nine hundred ninety-one shall apply to the primary election held in the year one thousand nine hundred ninety-two and every primary election held thereafter. The provisions of this section enacted during the regular session of the Legislature in the year one thousand nine hundred ninety-eight shall apply to the primary election held in the year two thousand and every primary election held thereafter.
§3-5-13. Form and contents of ballots and ballot labels.
The face of every primary election ballot shall conform as nearly as practicable to that used at the general election.
(a) The heading of every ballot shall be printed in display type. The heading shall contain a ballot title, the name of the county, the state, the words "Primary Election" and the month, day and year of the election. The ballot title of the political party ballots shall contain the words "Official Ballot of the (Name) Party" and the official symbol of the political party may be included in the heading. The ballot title of any separate paper ballot or portion of any electronic or voting machine ballot for the board of education shall contain the words "Nonpartisan Ballot of Election of Members of the ______________ County Board of Education." The districts for which less than two candidates may be elected and the number of available seats shall be specified and the names of the candidates shall be printed without reference to political party affiliation, and without designation as to a particular term of office. The ballot title of any separate paper ballot or portion of any electronic or voting machine ballot for the supreme court of appeals shall contain the words "Nonpartisan Ballot of Election of Justices of the Supreme Court of Appeals of West Virginia."
The names of the candidates for the supreme court of appeals shall be printed without references to political party affiliation or registration. Any other ballot or portion of a ballot on a question shall have a heading which clearly states the purpose of the election, according to the statutory requirements for that question.
(b) (1) For paper ballots, the heading of the ballot shall be separated from the rest of the ballot by heavy lines, and the offices shall be arranged in columns with the following headings, from left to right across the ballot: "National Ticket," "State Ticket," "County Ticket," and, in a presidential election year, "National Convention," or, in a nonpresidential election year "District Ticket." The columns shall be separated by heavy lines. Within the columns, the offices shall be arranged in the order prescribed in section thirteen-a of this article.
(2) For voting machines, electronic voting devices and any ballot tabulated by electronic means, the offices shall appear in the same sequence as prescribed in section thirteen-a, and under the same headings as prescribed in subsection (a) of this section. The number of pages, columns or rows, where applicable, may be modified to meet the limitations of ballot size and composition requirements, subject to approval by the secretary of state.
(3) The title of each office shall be separated from preceding offices or candidates by a line, and shall be printed in bold type, no smaller than eight point. Below the office shall be printed the number of the district, if any, the number of the division, if any, and the words "Vote for ________" with the number to be nominated or elected or "Vote For Not More Than ________" in multicandidate elections. For offices in which there are limitations relating to the number of candidates which may be nominated, elected or appointed to or hold office at one time from a political subdivision within the district or county in which they are elected, there shall be a clear explanation of such limitation, as prescribed by the secretary of state, printed in bold type immediately preceding the names of the candidates for those offices on the ballot in every voting system. For counties in which the number of county commissioners exceeds three and the total number of members of the county commission is equal to the number of magisterial districts within the county, the office of county commission shall be listed separately for each district to be filled, with the name of the magisterial district and the words "Vote for One" printed below the name of the office.
(c) The location for indicating the voter's choices on the ballot shall be clearly shown. For paper ballots, other than those tabulated electronically, the official primary ballot shall contain a square formed in dark lines at the left of each name on the ballot, arranged in a perpendicular column of squares before each column of names.
(d) (1) The name of every candidate certified by the secretary of state or the board of ballot commissioners shall be printed in capital letters in no smaller than eight point type on the ballot for the appropriate precincts. Subject to the rules promulgated by the secretary of state, the name of each candidate shall appear in the form set out by the candidate on the certificate of announcement, but in no case may the name misrepresent the identity of the candidate, nor may the name include any title, position, rank, degree or nickname implying or inferring any status as a member of a class or group or affiliation with any system of belief.
(2) The city of residence of every candidate, the state of residence of every candidate residing outside the state, the county of residence of every candidate for an office on the ballot in more than one county, and the magisterial district of residence of every candidate for an office subject to magisterial district limitations, shall be printed in lower case letters beneath the names of the candidates.
(3) The arrangement of names within each office shall be determined as prescribed in section thirteen-a of this article.
(4) If the number of candidates for an office exceeds the space available on a column or ballot label page and requires that candidates for a single office be separated, to the extent possible, the number of candidates for the office on separate columns or pages shall be nearly equal, and clear instructions given the voter that the candidates for the office are continued on the following column or page.
(e) When an insufficient number of candidates has filed for a party to make the number of nominations allowed for the office, or for the voters to elect sufficient members to the board of education or to executive committees, the vacant positions on the ballot shall be filled with the words "No Candidate Filed": Provided, That in paper ballot systems which allow for write-ins to be made directly on the ballot, a blank line shall be placed in any vacant position in the office of board of education or for election to any party executive committee. A line shall separate each candidate from every other candidate for the same office.
(f) In presidential election years, the words "For election in accordance with the plan adopted by the party and filed with the secretary of state" shall be printed following the names of all candidates for delegate to national convention.
(g) All paper ballots shall be printed in black ink on paper sufficiently thick so that the printing or marking cannot be discernible from the back. Ballot cards and paper for printing ballots using electronically sensible ink shall meet minimum requirements of the tabulating systems.
(h) Electronically tabulated ballots and ballot cards shall contain perforated tabs at the top of the ballots and shall be printed with unique sequential numbers from one to the highest number representing the total number of ballots or ballot cards printed. On paper ballots, the ballot shall be bordered by a solid line at least one sixteenth of an inch wide, and the ballot shall be trimmed to within one-half inch of that border.
(i) On the back of every official ballot or ballot card, there shall be printed the words "Official Ballot" with the name of the county and the date of the election. Beneath shall be two blank lines, followed by the words "Poll Clerks."
(j) Absent voters' ballots shall be in all respects like other official ballots, except that three blank lines shall be printed on the back of the ballot or ballot card in the lower left corner with the words "Ballot Commissioners" printed underneath.
(k) The face of sample paper ballots and sample ballot labels shall be like other official ballots or ballot labels, except that the word "sample" shall be prominently printed across the front of the ballot in such a way that the names of candidates are not obscured, and the word "sample" may be printed in red ink. No printing may be placed on the back of the sample.
§3-5-13a. Order of offices and candidates on the ballot; uniform drawing date.

(a) The order of offices for state and county elections on all ballots within the state shall be as prescribed herein. When the office does not appear on the ballot in an election, then it shall be omitted from the sequence. When an unexpired term for an office appears on the ballot along with a full term, the unexpired term shall appear immediately below the full term.
NATIONAL TICKET: President (and vice president in the general election), United States senator, member of the United States house of representatives.
STATE TICKET: Governor, secretary of state, auditor, treasurer, commissioner of agriculture, attorney general, justice of the supreme court of appeals, state senator, member of the house of delegates, circuit judge in multicounty districts, any other multicounty office, state executive committee.
COUNTY TICKET: Circuit judge in single-county districts, clerk of the circuit court, county commissioner, clerk of the county commission, prosecuting attorney, sheriff, assessor, magistrate, surveyor, congressional district executive committee, senatorial district executive committee in multicounty districts, delegate district executive committee in multicounty districts.
NATIONAL CONVENTION: Delegate to the national convention -- at-large, delegate to the national convention -- congressional district.
DISTRICT TICKET: County executive committee.
(b) Except for office divisions in which no more than one person has filed a certificate of announcement, the arrangement of names for all offices shall be determined by lot according to the following provisions:
(1) On the fourth Tuesday following the close of the candidate filing, beginning at nine o'clock a.m., a drawing by lot shall be conducted in the office of the clerk of the circuit court in each county. Notice of the drawing shall be given on the form for the certificate of announcement, and no further notice shall be required. The clerk of the circuit court shall superintend and conduct the drawing, and the method of conducting the drawing shall be prescribed by the secretary of state.
(2) Except as provided herein, the position of each candidate within each office division shall be determined by the position drawn for that candidate individually: Provided, That if fewer candidates file for an office division than the total number to be nominated or elected, the vacant positions shall appear following the names of all candidates for the office.
(3) Candidates for delegate to national convention who have filed a commitment to a candidate for president shall be listed alphabetically within the group of candidates committed to the same candidate for president and uncommitted candidates shall be listed alphabetically in an uncommitted category. The position of each group of committed candidates and uncommitted candidates shall be determined by lot by drawing the names of the presidential candidates and for an uncommitted category.
(4) A candidate or the candidate's representative may attend the drawings.
ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-2. Preparation and form of general election ballots.
(a) Except for nonpartisan ballots, all ballots prepared under the provisions of this section shall contain:
(1) The name and ticket of each party which is a political party under the provisions of section eight, article one of this chapter;
(2) The name chosen as the party name by each group of citizens which has secured nomination for two or more candidates by petition under the provisions of section twenty-three of this article;
(3) The names of every candidate for any office to be voted for at the election whose nomination in the primary election, nomination by petition or nomination by appointment to fill a vacancy on the ballot has been certified and filed according to law, and no others.
(b) The provisions of subsections (b) (3), (c), (d) (1), (d) (2), (g), (h), (i), (j) and (k), section thirteen, article five pertaining to the preparation and form of primary election ballots shall likewise apply to general election ballots.
(c) (1) For all ballot systems, the ballot heading shall be in display type and shall contain the words, "Official Ballot, General Election" and the name of the county and the month, day and year of the election.
(2) After the heading, each ballot shall contain, laid out in parallel columns, rows or pages as required by the particular voting system, the party emblem, the position for straight party voting for each party and the name of each party as prescribed in subsection (a) of this section. On paper ballots, the position for straight party voting shall be a heavy circle, three-fourths inch in diameter, surrounded by the words "For a straight ticket mark within this circle" printed in bold six point type. On all other ballots or ballot labels, the positions for straight party voting shall be marked "Straight Party Ticket." For ballots tabulated electronically, the secretary of state shall prescribe a uniform number for the straight ticket position for each party.
(3) The party whose candidate for president received the highest number of votes at the last preceding presidential election shall be placed in the left, or first column, row or page, as is appropriate to the voting system. The party which received the second highest vote shall be next, and so on. Any groups or third parties which did not have a candidate for president on the ballot in the previous presidential election shall be placed in the sequence in which the final certificates of nomination by petition were filed.
(4) (A) Except for lever machine ballot labels, the following general instructions for straight party voters shall be printed in no smaller than eight point bold type: "IF YOU MARKED A STRAIGHT TICKET: When you mark any individual candidate in a different party, that vote will override your straight party vote for that office. When you mark any individual candidate in a different party for an office where more than one will be elected, YOU MUST MARK EACH OF YOUR CHOICES FOR THAT OFFICE because your straight ticket vote will not be counted for that office." The last sentence of the above instructions shall not be included on any ballot which does not contain any office or division where more than one candidate will be elected.
On paper ballots, the general instructions shall be placed below the party name and across the top of all columns, followed by a heavy line separating them from the rest of the ballot. On ballots marked with electronically sensible ink and on ballot labels for voting devices in punch card systems, the general instructions shall be placed after the position for straight voting and before any office.
(B) Except for lever machine ballot labels, the following specific instructions shall be printed on the ballot for any partisan election for an office or division to which more than one candidate is to be elected: "If you marked a straight ticket and you mark any candidate in a different party for this office, you must mark all your choices for this office because your straight ticket vote will not be counted for this office."
On paper ballots, the specific instructions shall be placed below the office name of any partisan office where more than one is to be elected, and across the top of all columns for that office before the names of any candidates. On all other ballots and ballot labels, the specific instructions shall be placed above or to the side of the names of the candidates, as the voting system requires.
(5) For all ballots, any columns, rows or sections in which the ticket of one party appears shall be clearly separated from the other columns, rows or sections by a heavy line or other clear division. For each party, the offices shall be arranged in the order prescribed in section thirteen-a, article five of this chapter, under the appropriate tickets, which shall be headed "National Ticket," "State Ticket" and "County Ticket." The number of pages, columns or rows, where applicable, may be modified to meet the limitations of ballot size and composition requirements, subject to approval by the secretary of state.
(d) The arrangement of names within each office for all ballot systems shall be as follows:
(1) In elections for presidential electors, the names of the candidates for president and vice president of each party shall be placed beside a brace with a single voting position, so that a vote for any presidential candidate shall be a vote for the electors of the party for which such candidates were named.
(2) The order of names of candidates for any office or division for which more than one is to be elected shall be determined as prescribed in section thirteen-a, article five of this chapter: Provided, That the drawing by lot shall be conducted on the seventieth day next preceding the date of the general election, beginning at nine o'clock a.m.
(3) Except in voting machine systems, in any office where more than one person is to be elected, the names of the candidates for the office shall be staggered so that no two candidates for that office shall appear directly opposite any other candidate, as shown in the example below:
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[If you marked a straight ticket and you mark any candidate in a different party for this office, you must mark all your choices for this office because your straight ticket vote will not be counted for this office.]
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SUSAN B. ANTHONYCity (County)

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JOHN ADAMS
City (County)
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ABRAHAM LINCOLN City (County)

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JAMES MONROE
City (County)

(4) Each voting system shall provide a means for voters to vote for any person whose name does not appear on the ticket by writing it with pen or pencil or by using stamps, stickers, tapes, labels or other means of writing in the name of a candidate which does not interfere with the tabulation of the ballot.
(A) In paper ballot systems which allow for write-ins to be made directly on the ballot, a blank square and a blank line equal to the space which would be occupied by the name of the candidate shall be placed under the proper office for each vacancy in nomination, and for an office for which more than one is to be elected, any such vacancy shall appear after any other candidates for the office.
(B) In machine and electronically tabulated ballot systems in which write-in votes must be made in a place other than on the ballot label, if there is a vacancy in nomination leaving fewer candidates in any party than can be elected to that office, the words "No Candidate Nominated" shall be printed in the space that would be occupied by the name of the candidate, and for an office for which more than one is to be elected, any such vacancy shall appear after any other candidates for the office.
(5) In a general election in any county in which unexpired terms of the board of education are to be filled by election, a separate section or page of the ballot shall be set off by means clearly separating the nonpartisan ballot from the ballot for the political party candidates, and shall be headed "Nonpartisan Board of Education."
(6) In a general election in which the unexpired term of a justice of the supreme court of appeals is to be filled by election, a separate section or page of the ballot shall be set off by means clearly separating the nonpartisan ballot from the ballot for the political party candidates, and shall be headed, for justice of the supreme court of appeals, "Nonpartisan Ballot of Election of Justices of the Supreme Court of Appeals of West Virginia."
(e) Any constitutional amendment shall be placed following all offices, followed by any other issue upon which the voters shall cast a vote. The heading for each amendment or issue shall be printed in large, bold type according to the requirements of the resolution authorizing such election.
(f) The board of ballot commissioners may not place any issue on the ballot for election which is not specifically authorized under the West Virginia constitution or statutes, or which has not been properly ordered by the appropriate governmental body charged with calling such election.


NOTE: This bill provides for the election of justices of the supreme court of appeals on a nonpartisan basis.

Strike-throughs indicate language that would be stricken from current law, and underscoring indicates new language.

§3-5-6a is new; therefore, strike-throughs and underscoring have been omitted.