Senate Bill No. 35
(By Senators Williams and Sypolt)
[Introduced February 13, 2013; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
A BILL to amend and reenact §3-6-4a of the Code of West Virginia,
1931, as amended, relating to elections; requiring write-in
candidates for public office to pay a filing fee for the
office sought; and providing for distribution of the fee in
the same manner as other candidates.
Be it enacted by the Legislature of West Virginia:
That §3-6-4a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-4a. Filing requirements for write-in candidates.
Any eligible person who seeks to be elected by write-in votes
to an office, except delegate to national convention, which is to
be filled in a primary, general or special election held under the
provisions of this chapter, shall file a write-in candidate's certificate of announcement as provided in this section. No
certificate of announcement may be accepted and no person may be
certified as a write-in candidate for a political party nomination
for any office or for election as delegate to national convention.
(a) The write-in candidate's 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:
(1) The name of the office sought and the district and
division, if any;
(2) The legal name of the candidate and the first and last
name by which the candidate may be identified in seeking the
(3) 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;
(4) A statement that the person filing the certificate of
announcement is a candidate for the office in good faith;
(5) The words "subscribed and sworn to before me this ______
day of _____________, ____" and a space for the signature of the
officer giving the oath; and
____(6) A filing fee equal to twenty-five percent of the amount
required by the provisions of section eight, article five of this chapter for the particular office sought by the write-in candidate.
All fees collected from write-in candidates shall be distributed in
the same manner as provided by the provisions of section eight,
article five of this chapter.
(b) The certificate of announcement shall be filed with the
filing officer for the political division of the office as
prescribed in section seven, article five of this chapter.
(c) The certificate of announcement shall be filed with and
received by the proper filing officer as follows:
(1) Except as provided in subdivision (2) of this subsection,
the certificate of announcement for any office shall be received no
later than the close of business on the forty-ninth day before the
election at which the office is to be filled.
(2) When a vacancy occurs in the nomination of candidates for
an office on the ballot resulting from the death of the nominee or
from the disqualification or removal of a nominee from the ballot
by a court of competent jurisdiction not earlier than the
forty-eighth day nor later than the fifth day before the general
election, the certificate shall be received no later than the close
of business on the fifth day before the election or the close of
business on the day following the occurrence of the vacancy,
whichever is later.
(d) Any eligible person who files a completed write-in
candidate's certificate of announcement with the proper filing officer within the required time shall be certified by that filing
officer as an official write-in candidate.
(1) The Secretary of State shall, immediately following the
filing deadline, post the names of all official write-in candidates
for offices on the ballot in more than one county and certify the
name of each official write-in candidate to the clerks of the
county commissions of the appropriate counties.
(2) The clerk of the county commission shall, immediately
following the filing deadline, post the names of all official
write-in candidates for offices on the ballot in one county and
certify and deliver to the election officials of the appropriate
precincts, the names of all official write-in candidates and the
office sought by each for statewide, district and county offices on
the ballot in the precinct for which valid write-in votes will be
counted and the names shall be posted at the office where absentee
voting is conducted and at the precincts in accordance with section
twenty, article one of this chapter.
NOTE: The purpose of this bill is to require write-in
candidates for public office to pay a filing fee for the office
sought and to provide for distribution of the fee in the same
manner as other candidates.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would