COMMITTEE SUBSTITUTE
FOR
H. B. 4091
(By Delegates Manuel, Doyle and Amores)
[Originating in the Committee on the Judiciary]
[January 29, 2002]
A BILL to amend and reenact section fifteen, article five, chapter
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to allowing municipalities to
establish a procedure for run-off elections in cases of tie
votes in municipal elections.
Be it enacted by the Legislature of West Virginia:
That section fifteen, 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.
§8-5-15. Tie vote.
(a) Whenever two or more individuals shall receive an equal
number of legal votes for the same office, if such the number be is
the highest cast for such the office, the individuals under whose
supervision the election is held shall decide by lot which of them
shall be returned as elected, and shall make their return
accordingly.
(b) Instead of using the procedure described in subsection (a)
of this section, a municipality may provide, by ordinance, for a
run-off election to be held in case a tie vote is the highest vote
cast in any municipal election. An ordinance enacted pursuant to
this subsection shall not be applicable to any election held prior
to the enactment of the ordinance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.