H. B. 2228
(By Delegates Amores and Mahan)
[Introduced January 15, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section five, article one-a, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to requiring the state
election commission in cooperation with the secretary of state
to study a method of conducting primary and general elections
by means of computer internet systems; and requiring the state
election commission report its findings to the Legislature.
Be it enacted by the Legislature of West Virginia:
That section five, article one-a, 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 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.
§3-1A-5. Powers and duties of commission; legislative rules.
(a) The commission shall have has the power and duty to
approve or disapprove applications for approval of any voting machine as provided in section seven, article four of this chapter.
(b) The commission also shall serve as a body advisory to the
secretary of state, and, as such, shall have has the following
powers and duties:
(1) To recommend policies and practices pertaining to the
registration of voters and the conduct of elections generally;
(2) To review the work of the office of secretary of state
pertaining to the duties of that office with respect to elections,
and for this purpose to have access at reasonable times to
pertinent records, books, papers and documents;
(3) To consider and study the election practices of other
jurisdictions, with a view to determining the techniques used in
eliminating fraud in elections and in simplifying election
procedures;
(4) To advise or make recommendations to the governor relative
to election practices and policy in the state; and
(5) To keep minutes of the transactions of each meeting of the
commission, which shall be are public records and filed with the
secretary of state.
(c) It shall be is the commission's further duty to prepare
and distribute in its name, within available appropriations and
upon the recommendation of the secretary of state, nonpartisan
educational material to inform voters of the importance of voting,
to encourage voters to vote, to inform voters of election laws and procedures, and to inform voters of the effect of any public
question, constitutional amendment or bond issue that is to be
voted upon by all the voters of the state and that has been
authorized to be placed upon the ballot by the Legislature, and
manuals to assist county commissions, ballot commissioners, circuit
and county clerks and other election officials in the proper
performance of their duties in the conduct of elections.
(d) The commission shall promulgate such legislative rules, in
accordance with the provisions of chapter twenty-nine-a of this
code, as may be necessary to standardize and make effective the
administration of the provisions of article eight of this chapter,
and may promulgate such other rules, in accordance with the
provisions of chapter twenty-nine-a of this code, relating to the
conduct and administration of elections as the commission may
determine to be advisable. All rules required or permitted to be
promulgated by the commission by the provisions of this section
shall be submitted on or before the first day of August, one
thousand nine hundred ninety-five, to the Legislature for review by
the legislative rule-making review committee and approval by the
Legislature.
(e) It is a further duty of the commission, in full
cooperation with the secretary of state, to consider and study the
feasibility of election procedures in both primary and general
elections by use of a computer internet system. The commission shall submit a report of the findings of its study to the speaker
of the House of Delegates and the president of the Senate no later
than the first day of August, two thousand four.
NOTE: The purpose of this bill is to require the state
election commission in cooperation with the secretary of state to
study and submit a report of its findings to the Speaker of the
House Of Delegates and President of the Senate by August 1, 2004.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.