H. B. 4713
(By Delegate Craig)
[Introduced February 22, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §8-4-1 of the Code of West Virginia,
1931, as amended, relating to proceedings for framing a
charter; providing that charter elections may be held at
primary elections.
Be it enacted by the Legislature of West Virginia:
That §8-4-1 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 4. FRAMING AND ADOPTING A CHARTER OTHER THAN IMMEDIATELY
FOLLOWING INCORPORATION; REVISING OR AMENDING A
CHARTER; ELECTIONS AND EXPENSES.
PART I. FRAMING AND ADOPTING CHARTER -- GENERAL.
§8-4-1. Initiation of proceedings for framing a charter.
(a) The governing body of a city may provide by ordinance for
the submission to the qualified voters of the city at a general
election, or at a regular municipal election, at a primary election
or at a special municipal election if the governing body by the
affirmative vote of two thirds of its members shall determine and specify that a special municipal election is necessary, of the
question, "Shall a charter be framed by representatives of the
people?".
(b) The governing body of a city shall, upon petition therefor
bearing the signatures, written in their own handwriting, of
fifteen percent of the qualified voters of the city, if a Class I
or Class II city, or ten percent of the qualified voters of the
city, if a Class III city, provide by ordinance for the submission
to the qualified voters of the city at a general election, or at a
regular municipal election or at a primary election of the
question, "Shall a charter be framed by representatives of the
people?".
(c) The governing body of a city shall provide by ordinance
for a special municipal election on said question if a petition
bearing the signatures, written in their own handwriting, of
fifteen percent of the qualified voters of the city, if a Class I
or Class II city, or ten percent of the qualified voters of the
city, if a Class III city, expressly requesting that a special
municipal election be called for the purpose be presented to the
governing body more than one hundred twenty days prior to the date
of the next general election, or next regular municipal election
or primary election.
(d) If the question is to be submitted at a general election,
or a regular municipal election or primary election and not a
special municipal election, then in determining the general
election, or regular municipal election or primary election at which the question shall be submitted, the following provisions of
this subsection (d) shall govern and control:
(1) If the question is to be submitted under the provisions of
subsection (a) of this section, the question shall be submitted at
the next general election, or regular municipal election or
primary election, whichever first occurs after the ordinance is
adopted under the provisions of said subsection (a); or
(2) If the question is to be submitted under the provisions of
subsection (b) of this section, the question shall be submitted at
the next general election, or next regular municipal election or
primary election, whichever first occurs after the petition is
filed under the provisions of said subsection (b), if there is at
least one hundred twenty days between the filing of the petition
and the date of the election, and otherwise, at the next general
election, or next regular municipal election or primary election
occurring after said interval of at least one hundred twenty days
after the filing of said petition.
(e) Any special municipal election held in accordance with the
provisions of subsection (a) of this section shall be held not less
than thirty nor more than sixty days after the ordinance providing
for same shall have been adopted, and any special municipal
election held in accordance with the provisions of subsection (b)
of this section shall be held not less than thirty nor more than
sixty days after the petition shall have been presented to the
governing body.
NOTE: The purpose of this bill is to provide that charter
elections may be held at primary elections.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.