H. B. 3061


(By Delegate Fragale)

[Introduced February 19, 2003; referred to the

Committee on Political Subdivisions then the Judiciary.]





A BILL to amend and reenact section seven, article five, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that at the filing deadline for candidacy for mayor, recorder or city council, a candidate is unopposed, the municipality will allow an extended period beyond the filing deadline for write-in candidates to be submitted and, that in the event, five days prior to the election, no write-in candidates names are submitted for consideration, the election shall be canceled and the unopposed candidate shall be declared the winner.

Be it enacted by the Legislature of West Virginia:
That section seven, 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 IV. OFFICERS TO BE ELECTED; WARD OR ELECTION

DISTRICT REPRESENTATION.

§8-5-7. Certain officers; wards or election districts; residency and other requirements.
(a) Unless otherwise provided in the charter of a municipality, there shall be elected a mayor, a recorder and councilmen, who together shall form the governing body of the municipality.
(b) When a municipality has not been divided into wards or election districts, there shall be at least five councilmen, but when the municipality has been divided into wards or election districts, the governing body may, by ordinance, determine the number of councilmen to be elected from each ward or election district. When it is deemed necessary, the governing body may, by ordinance, increase the number of wards or election districts and change the boundaries thereof, such wards or election districts to be made as nearly equal as may be, in population, and when the municipality shall be divided into wards or election districts, or there shall be an increase in the number of wards or election districts as aforesaid, the governing body may increase the number of councilmen and direct an election to be held at the next regular municipal election in such ward or wards or election district or districts so that each ward or election district may have its full number of councilmen residing therein and may have equal representation on the governing body. When a municipality has been divided into wards or election districts, the governing body may, by ordinance, also provide for the election of councilmen at large in addition to the councilmen to be elected from each ward or election district. The provisions of this subsection (b) shall be applicable to any municipality except to the extent otherwise provided in the charter of such municipality.
(c) Unless otherwise provided by charter provision or ordinance, the mayor, recorder and councilmen must be residents of the municipality, must be qualified voters entitled to vote for members of its governing body, and for the year preceding their election must have been assessed with and paid real or personal property taxes to the municipality upon at least one hundred dollars' worth of property therein, except that the city manager in a manager form of government need only be a resident of the city at the time of his or her appointment: Provided, That for two years after the date of his or her discharge, the eligibility of any honorably discharged veteran of the armed forces of the United States for any of such offices in any municipality shall not be affected or impaired by reason of his or her not having been assessed with or paid such taxes.
 (d) Notwithstanding any provision of law to the contrary, when, at the filing deadline to declare candidacy, a candidate for mayor, recorder or city council is unopposed, the municipality will allow an extended period beyond the filing deadline for write-in candidates to be submitted. In the event, five days prior to the election, no write-in candidates names are submitted for consideration, the election shall be canceled and the unopposed candidate shall be declared the winner. In the event write-in candidates names are submitted more than five days prior to the election, the election shall proceed.



NOTE: The purpose of this bill is to provide that at the filing deadline for candidacy for mayor, recorder or city council, a candidate is unopposed, the municipality will allow an extended period beyond the filing deadline for write-in candidates to be submitted and, that in the event, five days prior to the election, no write-in candidates names are submitted for consideration, the election shall be canceled and the unopposed candidate shall be declared the winner. Otherwise, the election shall proceed.

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