H. B. 2091
(By Delegate Miley)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §3-1-50 of the Code of West Virginia,
1931, as amended, relating to election complaint procedure.
Be it enacted by the Legislature of West Virginia:
That §3-1-50 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-50. Establishment of state-based administrative complaint
The Secretary of State shall establish and maintain a state-
based administrative complaint procedure for complaints received
concerning election violations which shall meet the following
(1) The procedures shall be uniform and nondiscriminatory.
(2) Under the procedures, any person who believes that there is a violation of any provision of
this chapter Title III of the
Help America Vote Act, Pub.L. 107-252, including a violation which
has occurred, is occurring or is about to occur, may file a
(3) Any complaint filed under the procedures shall be in
writing, notarized and signed and sworn by the person filing the
(4) The Secretary of State may consolidate complaints filed
under this section.
(5) At the request of the complainant, there shall be a
hearing on the record.
(6) Violations of any provision of this chapter shall be
punishable in accordance with the provisions of article nine of
(7) If, under the procedures, the Secretary of State
determines that there is no violation, the Secretary of State shall
dismiss the complaint and publish the results of the procedures.
(8) The Secretary of State shall make a final determination
with respect to a complaint prior to the expiration of the ninety-
day period which begins on the date the complaint is filed unless
the complainant consents to a longer period for making a
(9) If the Secretary of State fails to meet the deadline
applicable under subdivision (8) of this section, the complaint shall be resolved within sixty days under alternative dispute
resolution procedures established for purposes of this section. The
record and other materials from any proceedings conducted under the
complaint procedures established under this section shall be made
available for use under the alternative dispute resolution
NOTE: The purpose of this bill is to correct a reference to
applicable statutes in order to conform the language to pertinent
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language to be