H. B. 4328
(By Delegates Caputo, Webster, Brown,
Doyle, Ellem, Fleischauer, Hamilton,
Mahan, Miley, Moore and Varner)
[Introduced January 29, 2008; referred to the
Committee on the Judiciary.]
Be it enacted by the Legislature of West Virginia:
A BILL to amend and reenact §29-6-20 of the Code of West Virginia,
1931, as amended, relating to the exclusion of serving as a
poll worker from being deemed a prohibited political activity.
That §29-6-20 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-20. Favoritism or discrimination because of political or
religious opinions, affiliations or race; political
(a) No person shall be appointed or promoted to or demoted or
dismissed from any position in the classified service or in any way
favored or discriminated against with respect to such employment
because of his or her
political or religious opinions or
affiliations or race; but nothing herein shall be construed as
precluding the dismissal of any employee who may be engaged in subversive activities or found disloyal to the nation.
(b) No person shall seek or attempt to use any political
endorsement in connection with any appointment in the classified
(c) No person shall use or promise to use, directly or
indirectly, any official authority or influence, whether possessed
or anticipated, to secure or attempt to secure for any person an
appointment or advantage in appointment to a position in the
classified service, or an increase in pay or other advantage in
employment in any such position, for the purpose of influencing the
vote or political action of any person or for any consideration.
(d) No employee in the classified service or member of the
board or the director shall, directly or indirectly, solicit or
receive any assessment, subscription or contribution, or perform
any service for any political party, committee or candidate for
compensation, other than for expenses actually incurred, or in any
manner take part in soliciting any such assessment, subscription,
contribution or service of any employee in the classified service.
(e) Notwithstanding any other provision of this code, no
employee in the classified service shall:
(1) Use his or her
official authority or influence for the
purpose of interfering with or affecting the result of an election
or a nomination for office;
(2) Directly or indirectly coerce, attempt to coerce, command or advise a state or local officer or employee to pay, lend or
contribute anything of value to a party, committee, organization,
agency or person for political purposes; or
(3) Be a candidate for any national or state paid public
office or court of record; or hold any paid public office; or be a
candidate or delegate to any state or national political party
convention, a member of any national, state or local committee of
a political party, or a financial agent or treasurer within the
meaning of the provisions of section three, four or five-e, article
eight, chapter three of this code. Other types of partisan or
nonpartisan political campaigning and management not inconsistent
with the provisions of this subdivision and with the provisions of
subsection (d) of this section shall be permitted.
(f) Political participation pertaining to constitutional
amendments, referendums, approval of municipal ordinances or
activities or serving as a poll worker shall not be deemed to be
prohibited by the foregoing provisions of this section.
(g) Any classified employee who becomes a candidate for any
paid public office as permitted by this section shall be placed on
a leave of absence without pay for the period of such candidacy,
commencing upon the filing of the certificate of candidacy.
NOTE: The purpose of this bill is to exclude the service of a
poll worker from being considered a prohibited political activity.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would