H. B. 4036
(By Delegate Wright)
[Introduced January 14, 2002; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section thirteen, article five, chapter
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to municipal elections; and
prohibiting dual party affiliation of local and state
officeholders and candidates.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article five, chapter eight of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION
OF OFFICERS; GENERAL PROVISIONS RELATING TO OFFICERS
AND EMPLOYEES; ELECTIONS AND PETITIONS GENERALLY;
CONFLICT OF INTEREST.
PART VII. ELECTIONS AND PETITIONS GENERALLY.
§8-5-13. Integration of municipal elections with system of
permanent registration.
(a) Notwithstanding any charter provision to the contrary, it
shall be is the duty of each city by charter provision or each
municipality by ordinance to make provision for integrating the
conduct of all municipal elections with the system of "permanent
registration of voters." Such The charter provision or ordinance
shall, to the extent reasonably applicable, parallel the provisions
of chapter three of this code which integrate county-state
elections with the "permanent registration system."
(b) The
charter provision or ordinance
may not allow any
individual to register to vote, be a candidate or hold a municipal
office in a different political party than the party in which the
individual has registered with the clerk of the county commission,
if the individual is:
(1) An elected county or state official, including a member of
the Legislature; or
(2) A candidate for any county or state office, including the
Legislature.
NOTE: The purpose of this bill is to prohibit dual political
party affiliation by persons holding municipal office and other
state or local office.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.