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Introduced Version House Bill 4328 History

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hb4328 intr
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.]


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.

Be it enacted by the Legislature of West Virginia:
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 activities prohibited.

(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 service.
(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 be added.

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