H. B. 2481
(By Delegates Trump, Smirl, Romine, Leggett,
Ellem, Carmichael and Overington)
[Introduced January 21, 2003; referred to the
Committee on the Judiciary then Finance.]
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 chapter three by adding thereto a new section,
designated section six-a; to amend and reenact sections seven,
thirteen and thirteen-a, article five of said chapter; and to
amend article six of said chapter by adding thereto a new
section, designated section two-a, 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 chapter three be amended by adding thereto a new
section, designated section six-a; that sections seven, thirteen
and thirteen-a, article five of said chapter be amended and
reenacted; and that article six of said chapter be amended by
adding thereto a new section, designated section two-a, 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 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, and at the general election to be held in the
year two thousand twelve, and in every twelfth year thereafter,
there shall be elected two justices of the supreme court of
appeals. Effective with the general election held in the year two
thousand four, the election of justices of the supreme court of
appeals shall be on a nonpartisan basis.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-11. Ballot labels, instructions and other supplies;
procedure and requirements.
(a) 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 the election the ballot cards and ballot labels,
as appropriate, for the electronic voting system, or shall cause to
be printed a reasonable facsimile of the screens as they appear to
the voter for the electronic voting system.
(1) The ballot labels are to be clearly printed in black ink
on clear white material of a size as will fit the vote recording
devices or as will be displayed on the screens as they appear to
the voter for the electronic voting system. Arrows are to 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, or boxes are to be printed as they appear to the voter
on the screens for the electronic voting system.
(2) The ballot labels are to contain the party emblem and are
to 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 are to 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 are to be printed
in vertical columns or on separate pages, grouped by the offices
which they seek.
(3) 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 are to
conform as nearly as possible to the provisions of sections
thirteen and thirteen-a, article five of this chapter.
(4) 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 are to conform as nearly as possible to the provisions of
section two, article six of this chapter, except as otherwise
provided in this article. Except for electronic voting systems
that utilize a screen upon which votes may be recorded by stylus or
by means of touch, the secretary of state shall assign uniform
numbers to 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 section two, article
six of this chapter, 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 are to conform as nearly as practical to the following
example:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Democratic TicketRepublican 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 is to 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
multi-candidate offices are to conform as nearly as practical to
the following example:
- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
Democratic TicketRepublican 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)
(5) Any nonpartisan office, including board of education and
effective with the general election held
in the year two thousand
four and thereafter for the nonpartisan office of justice of the
supreme court of appeals
any question to be voted on is to be
placed or displayed on a separate page or otherwise separated from
the partisan ballots, constituting a separate ballot where
required.
(6) In elections in which voters are authorized to vote for
official write-in candidates whose names do not appear on the
ballot label, there are to be provided, as described in this
section, 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: Provided, That if an
electronic voting system that utilizes a screen upon which votes
may be recorded by means of a stylus or by means of touch is used,
the devices are to provide an alpha-numerical screen which allows
the voter to, by use of a stylus or by touch, to enter the name of
the write-in candidate 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 is to include, following all candidates for the office, a single numbered position with an arrow or box
indicating the location to punch the ballot card or touch the
screen to indicate a preference for a write-in candidate. The
following instructions are to 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," or, if an electronic voting system is used
with screens upon which votes may be recorded by means of a stylus
or by means of touch, the word "WRITE-IN" will appear beside a box
indicating the location for the voter to touch the screen and, when
activated, another screen is to appear allowing the voter to enter
a write-in candidate.
(7) 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.
(b) The ballot commissioners 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 "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 or displayed
upon the screens of the electronic voting system 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 are to 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 effective with the general
election held
in the year two thousand four and thereafter for the
nonpartisan office of justice of the supreme court of appeals
and
any question to be voted upon are to be separated from the partisan
ballot and separately headed in display type with a title clearly
identifying the purpose of the election, and constituting 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 is to 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 are to 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 or "WRITE-IN,
IF ANY" are to be printed, where applicable, directly under each
line for write-ins. The lines are to be opposite a position to
mark the vote.
(c) Except for electronic voting systems that utilize screens
upon which votes may be recorded by means of a stylus or by means
of touch, the primary election ballots are to be printed in the
color of ink specified by the secretary of state for the various
political parties, and the general election ballot is to be printed
in black ink. For electronic voting systems that utilize screens
upon which votes may be recorded by means of a stylus or by means of touch, the primary ballots and the general election ballot are
to be printed in black ink. All ballots are to be printed, where
applicable, on white paper suitable for automatic tabulation and
are to contain a perforated stub at the top or bottom of the ballot
which is to be numbered sequentially in the same manner as provided
in this article for ballots upon which votes are recorded by means
of perforating or is to be displayed on the screens of the
electronic voting system upon which votes are recorded by means of
a stylus or touch. The number of ballots printed and the packaging
of ballots for the precincts are to 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 four, 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. The office of justice of the supreme court of
appeals, beginning in the year two thousand four shall be filled on
a nonpartisan basis at the general election. The certificate of
announcement shall be filed with the authorized election official
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
midnight, eastern standard time, of that day. 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 is to 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 is to 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 are to be specified
and the names of the candidates are to 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 Justice(s) 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 is to 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 of this
article, 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 is to be separated from preceding
offices or candidates by a line, and is to be printed in bold type,
no smaller than eight point. Below the office is to 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 the 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 is to 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 is to be clearly shown. For paper ballots, other than those
tabulated electronically, the official primary ballot is to 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 is to 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 is to 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, are to be printed in lower case letters beneath the
names of the candidates.
(3) The arrangement of names within each office must 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.
Notwithstanding any other provision of this code, if there are
multiple vacant positions on a ballot for one office, the multiple
vacant positions which would otherwise be filled with the words "No
Candidate Filed" may be replaced with a brief detailed description,
approved by the secretary of state, indicating that there are no
candidates listed for the vacant positions.
(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" is to be printed following the names of all
candidates for delegate to national convention.
(g) All paper ballots are to 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 are to
contain perforated tabs at the top of the ballots and are to 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 is to be bordered by a solid
line at least one sixteenth of an inch wide, and the ballot is to
be trimmed to within one-half inch of that border.
(i) On the back of every official ballot or ballot card, the
words "Official Ballot" with the name of the county and the date of
the election are to be printed. Beneath the date of the election
there are to be two blank lines, followed by the words "Poll
Clerks."
(j) Absent voters' ballots are to be in all respects like
other official ballots, except that three blank lines are to 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
are to be like other official ballots or ballot labels, except that
the word "sample" is to be prominently printed across the front of
the ballot in a manner that insures 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 multi-county districts, any other
multi-county 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 multi-county districts, delegate
district executive committee in multi-county 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.
§3-6-2a. General election ballots for election of justices of the
supreme court of appeals.
The general election ballot shall contain a separate section
listing the names of candidates for justice of the supreme court,
clearly separate and apart from the listing of the names on the
ballot for political party candidates for partisan offices, and are
to include a heading of: "Nonpartisan Ballot of Election of
Justice(s) of the Supreme Court of Appeals of West Virginia" with
the names of all candidates for that nonpartisan election listed
thereunder with no other offices listed in that section or that
ballot as appropriate.
NOTE: This bill provides for the staggered election of
justices of the supreme court of appeals on a nonpartisan basis
beginning with the general election held in 2004.
Strike-throughs indicate language that would be stricken from
current law, and underscoring indicates new language.
§3-5-6a and 3-6-2a are new; therefore, strike-throughs and
underscoring have been omitted.