H. B. 2957
(By Delegates Eldridge, Amores, Rodighiero,
Longstreth, Staggers, Hrutkay, Ellis, Argento,
Barker, Marshall and Reynolds)
[Introduced February 9, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §3-5-1b; and to amend
and reenact §3-5-7 of said code, all relating to changing the
date for primary elections and filing date for candidates.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §3-5-1c, to read as
follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-1b. Time and place of holding primary elections in the year
two thousand eight and thereafter; hours polls open.
Primary elections shall be held at the voting place in each of
the voting precincts in the state, for the purposes set forth in
this article, on the second Tuesday in March, in the year two
thousand eight, and in each second year thereafter.
At such election the polls shall be opened and closed at the
hours provided for opening and closing the polls in a general
election.
§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 county commission, 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.
The certificate of announcement shall be filed with the proper
officer not earlier than the second Monday in January November next
preceding the primary election day, and not later than the last
Saturday in January November 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.
(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 _____________, 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.
The provisions of this section enacted during the regular session
of the Legislature in the year two thousand seven shall apply to
the primary election held in the year two thousand eight and every
primary election held thereafter.
NOTE: The purpose of this bill is to changing the date of
primary elections and filing date for candidates
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.