H. B. 4451
(By Delegates Overington, Wells, Doyle, Frazier,
Hunt, Ellem, Lane, Fragale and Fleischauer)
[Passed March 10, 2012; in effect ninety days from passage.]
AN ACT to amend and reenact §3-1-19 of the Code of West Virginia, 1931, as amended, relating to appointment of ballot commissioners; and authorizing county executive committees of the two largest political parties to make appointments.
Be it enacted by the Legislature of West Virginia:
That §3-1-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-19. Ballot commissioners; selection; duties generally; vacancies.
(a) In each county in the state, the Board of Ballot Commissioners shall be comprised of:
(1) The clerk of the county commission while holding office; and
(2) Two other persons as follows:
(A) One person appointed by the county executive committee of the political party that cast the largest number of votes in the state at the last preceding general election; and
(B) One person appointed by the county executive committee of the political party that cast the second largest number of votes in the state at the last preceding general election.
(b) If the county executive committees do not make the appointments in a timely manner, then the county clerk shall make the appointments.
(c) The county clerk shall serve as chairman.
(d) It shall be the duty of the county clerk to notify the chairman of the respective county executive committees of the two parties, at least five days before the time of the making of the appointments.
(e) If at any time after notice is given, and before or on the day so fixed for making appointments, the chairman of each of the committees shall designate, in writing, a member of his or her party as ballot commissioner. Each designee shall be appointed if he or she meets the qualifications of a voter: Provided, That a ballot commissioner cannot be a candidate for any office in any election held during the time he or she is serving as ballot commissioner.
(f) Ballot commissioners shall be appointed between the 15th and 30th days of January, in each year in which a general election is to be held, for a term of two years beginning on February 1 next ensuing.
(g) The ballot commissioners shall perform their duties at all general, special and primary elections held in the county or any magisterial district thereof during their term of office.
(h) A vacancy shall be filled in the same manner as an original appointment, but immediate notice of a vacancy shall, where necessary, be deemed compliance with the five-day notice provision.