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Introduced Version House Bill 2698 History

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                           H. B. 2698

 

 

         (By Delegate Kump)

         [Introduced January 21, 2011; referred to the

         Committee on the Judiciary then Finance.]

 

 

 

A BILL to amend and reenact §1-3-3 of the Code of West Virginia, 1931, as amended, relating to the state and its subdivisions; creation of new county; change in line; requiring a nonbinding referendum in the counties of Morgan, Berkeley and Jefferson to determine their desire to secede from West Virginia and become a part of Virginia; and providing procedures for the election.

Be it enacted by the Legislature of West Virginia:

    That §1-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. CREATION OF NEW COUNTY; CHANGE IN COUNTY LINE.

§1-3-3. Submission of question of creation of new county to voters; copies of surveys, census and declaration of result of election; nonbinding referendum for counties of Morgan, Berkeley and Jefferson to secede from West Virginia.

    (a) If it appear, by such surveys and census, that there are within the limits of the proposed new county at least four hundred square miles of territory and at least six thousand population, and that no county is thereby reduced below four hundred square miles of territory or below six thousand population, and that no part of any county having a population of not more than six thousand, or a territory of not more than four hundred square miles, is included within such the proposed new county, the county court commission or county council of each of the counties from which such the new county is proposed to be taken shall order a vote of the qualified voters of such the county within the lines of such the proposed new county to be taken on a day named for the purpose, which shall be on the same day in each county and on the fourth Tuesday after the day of the return of such the reports and census to the county court commission or county council of the county where such the reports and census are returned last, at each place of voting within the lines of such the proposed new county, or, if there be no place of voting therein, at such place or places therein as the court commission or county council may direct, of which time and place a notice shall be posted by the sheriff of each of such the counties at each place of voting therein as provided by such order, at least fifteen days before such the election. The court commission or county council shall, at the same time, appoint commissioners of election for each of such the places of voting, and all the laws relating to a general election shall, as far as applicable, govern and control the holding of such the election at the several places of voting, the ascertaining of the result thereof at each of such the places and the returns thereof, and the declaring of the general result of such the election at all the places of voting in each of such the counties. The ballots used at such the election shall have printed on them the words "For new county," and "Against new county." And it shall be the duty of the clerk of the county court commission or county council of each of such the counties to shall deliver to any person who may demand the same, and pay or tender his or her legal fees therefor, copies of such the surveys, census and declaration of the result of such the election in his or her county, duly certified by him or her to be true copies. The fees for such the copies shall be the same as are allowed by law for other copying done by such the clerk.

    (b) Notwithstanding any other provision of law to the contrary, the converse of the provisions of subsection (a) of this section shall apply to the counties of Morgan, Berkeley and Jefferson, with regard to the question of seceding from West Virginia. The county commission or county council of each of the three counties shall order a nonbinding referendum vote of the qualified voters of those counties to be taken on a day named for the purpose, which shall be on the same day in each county at such place or places therein as the commission or county council of each of the three counties may direct. The time and place a notice shall be published prior to the election as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication is each of the three counties. The commission or county council of each of these three counties shall, at the same time, appoint commissioners of election for each of the three counties of voting, and all the laws relating to a general election shall, as far as applicable, govern and control the holding of the election at the several places of voting, the ascertaining of the result thereof at each of the three counties and the returns thereof, and the declaring of the general result of the election at all the places of voting in each of the three counties. The ballots used at the nonbinding referendum election shall have printed on them the words "For secession from West Virginia to become a part of Virginia," and "Against new secession from West Virginia to become a part of provision." The clerk of the county commission or county council of each of the counties shall deliver to any person who may demand copies of the result of the election in his or her county, duly certified by him or her to be true copies, and pay or tender his or her legal fees this information. The fees for the copies shall be the same as are allowed by law for other copying done by the clerk.



 

    NOTE: The purpose of this bill is to requiring a nonbinding referendum in the counties of Morgan, Berkeley and Jefferson to determine their desire to secede from West Virginia and become a part of Virginia.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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