SB 2001 Text

Introduced Version Senate Bill 2001 History

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sb2001 intr Senate Bill No. 2001
( By Senators Tomblin (Mr. President) and Hall,
By Request of the Executive)
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[Introduced July 15, 2010; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact §3-1-44 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-10-1 and §3-10-3 of said code; and to amend said code by adding thereto a new section, designated §3-10-4a, all relating to vacancies in the office of United States Senator; requiring the state to pay costs incurred in connection with a special election to fill a vacancy in the office of United States Senator; making technical amendments; clarifying the procedure for filling vacancies in the office of United States Senator; providing that any vacancy occurring in the office of United States Senator is filled by the Governor by appointment ; specifying when an election is required to fill the unexpired term of a United States Senator; setting forth procedures for the nomination of candidates for an election to fill the unexpired term of a United States Senator; requiring a special primary election for the nomination of political party candidates under certain circumstances; setting forth requirements for a Governor's proclamation; providing that the Secretary of State may modify dates, deadlines or procedures in connection with an election to fill a vacancy in the office of United States Senator; and providing an effective date .

Be it enacted by the Legislature of West Virginia:
That §3-1-44 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §3-10-1 and §3-10-3 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §3-10-4a , all to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-44. Compensation of election officials; expenses.
(a) Each ballot commissioner is to be paid a sum, to be fixed by the county commission, not exceeding $125 for each day he or she serves as ballot commissioner, but in no case may a ballot commissioner receive allowance for more than ten days' services for any one primary, general or special election.
(b) Each commissioner of election and poll clerk is to be paid a sum, to be fixed by the county commission, not exceeding $125 for one day's services for attending the school of instruction for election officials if the commissioner or poll clerk provides at least one day's service during an election and a sum not exceeding $175 for his or her services at any one election: Provided, That each commissioner of election and poll clerk is to be paid a sum not exceeding $175 for his or her services at any of the ~~three~~ special elections described in subsection (f) of this section.
(c) Each alternate commissioner of election and poll clerk may be paid a sum, to be fixed by the county commission, not exceeding $50 for one day's services for attending the school of instruction for election officials: Provided, That no alternate ~~may be~~ is eligible for compensation for election training unless the alternate is subsequently appointed as an election official or is instructed to attend and actually attends training as an alternate and is available to serve on election day.
(d) The commissioners of election or poll clerks obtaining and delivering the election supplies, as provided in section twenty- four of this article, and returning them, as provided in articles five and six of this chapter, are to be paid an additional sum, fixed by the county commission, not exceeding $125 for his or her services pursuant to this subsection at any one election. In addition, he or she is to be paid mileage up to the rate of reimbursement authorized by the Travel Management Rule of the Department of Administration for each mile necessarily traveled in the performance of his or her services.
(e) The compensation of election officers, cost of printing ballots and all other expenses incurred in holding and making the return of elections, other than the ~~three~~ special elections described in subsection (f) of this section, are to be audited by the county commission and paid out of the county treasury.
(f) The compensation of election officers, cost of printing ballots and all other reasonable and necessary expenses in holding and making the return of a special election to fill a vacancy in the office of United States Senator, of a special election for the purpose of taking the sense of the voters on the question of calling a constitutional convention, of a special election to elect members of a constitutional convention and of a special election to ratify or reject the proposals, acts and ordinances of a constitutional convention are obligations of the state incurred by the ballot commissioners, clerks of the circuit courts, clerks of the county commissions and county commissions of the various counties as agents of the state. All expenses of these special elections are to be audited by the Secretary of State. The Secretary of State shall prepare and transmit to the county commissions forms on which the county commissions shall certify all expenses of these special elections to the Secretary of State. If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the State Treasurer and shall mail the warrants directly to the vendors of the special election services, supplies and facilities.
ARTICLE 10. FILLING VACANCIES.

§3-10-1. Elections to fill vacancies.
(a) Except as provided in sections three, ~~and~~ four and four-a of this article, elections to fill vacancies shall be conducted to fill any unexpired term when more than one year of the term of office remains at the time of ~~such~~ the election. When less than one year of the term of office remains at the time of the election, the person appointed to fill the vacancy shall continue in office until the completion of the term.
(b) Elections to fill vacancies shall be ~~held at the same places, and superintended, conducted and returned, and the result ascertained, certified and declared, in the same manner, and by the same officers, as in general elections~~ conducted and administered in accordance with the provisions of this chapter unless otherwise provided in this article.
(c) The persons elected, having first duly qualified, shall enter upon the duties of their respective offices.

§3-10-3. Vacancies in offices of state officials and judges.

Any vacancy occurring in the office of Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, ~~United States Senator,~~ Judge of the Supreme Court of Appeals or in any office created or made elective to be filled by the voters of the entire state, judge of a circuit court or judge of a family court is filled by the Governor ~~of the state~~ by appointment. If the unexpired term of a Judge of the Supreme Court of Appeals, a judge of the circuit court or judge of a family court is for less than two years or if the unexpired term of any other office named in this section is for a period of less than two years and six months, the appointment to fill the vacancy is for the unexpired term. If the unexpired term of any office is for a longer period than above specified, the appointment is until a successor to the office has timely filed a certificate of candidacy, has been nominated at the primary election next following ~~such~~ the timely filing and has thereafter been elected and qualified to fill the unexpired term. Proclamation of any election to fill an unexpired term is made by the Governor ~~of the state~~ and, in the case of an office to be filled by the voters of the entire state, must be published prior to the election as a Class II-0 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 county of the state. If the election is to fill a vacancy in the office of judge of a circuit court or judge of a family court, the proclamation must be published prior to the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for ~~such~~ the publication is each county in the judicial or family court circuit.
§3-10-4a. Vacancies in the office of United States Senator.
(a) Any vacancy occurring in the office of United States Senator shall be filled by the Governor by appointment. If the unexpired term is for a period of less than two years and six months, the appointment to fill the vacancy is for the unexpired term. If the unexpired term is for a period of two years and six months or longer, the appointment is until a successor to the unexpired term has been elected and qualified in accordance with this section.
(b) An election to fill an unexpired term in accordance with this section shall be conducted as follows:
(1) If the vacancy occurs one hundred twenty days or more before the next regularly scheduled general election, the Governor shall proclaim an election to fill the vacancy to be held concurrently with the next regularly scheduled general election.
(2) If the vacancy occurs less than one hundred twenty days before the next regularly scheduled general election, the Governor shall proclaim an election to fill the vacancy to be held concurrently with the next succeeding regularly scheduled general election.
(c) The procedure for nominating candidates to appear on a ballot for an election to fill a vacancy in accordance with this section shall be as follows:
(1) If the vacancy occurs at least ten days prior to the last day for filing a certificate of announcement in accordance with section seven, article five of this chapter, political party candidates shall be nominated at the next regularly scheduled primary election in accordance with the provisions of article five of this chapter. If the vacancy occurs at any other time where the election to fill the vacancy is required to be held concurrently with the next regularly scheduled general election, a special primary election for the purpose of nominating a candidate for each political party shall be held no sooner than sixty days after the occurrence of the vacancy and no later than sixty days before the next regularly scheduled general election. The period for political party candidates to file a certificate of announcement for a special primary election held in accordance with this section shall be established by order of the Secretary of State and the length of the filing period shall be no more than ten days and no less than three days.
(2) Any political party that is not qualified to nominate candidates at a primary election may nominate candidates in accordance with section twenty-two, article five of this chapter.
(3) Groups of citizens having no party organization may nominate candidates in accordance with section twenty-three, article five of this chapter.
(d) A proclamation of the Governor issued in accordance with this section shall be published prior to the election as a Class II-0 legal advertisement in accordance with article three, chapter fifty-nine of this code and the publication area for the publication is each county of the state. The proclamation shall be filed with the Secretary of State who shall immediately transmit the document to the clerk of the county commission of each county in which the election is to be held. The clerk of the county commission of each county in which the election is to be held shall cause the document to be published within the county in accordance with this section.
(e) Where an election to fill a vacancy in accordance with this section would require the modification of any dates, deadlines or procedures set forth in this chapter, the Secretary of State shall issue an order or orders to modify the dates, deadlines or procedures.
(f) The provisions of this section apply to any vacancy in the office of United States Senator occurring on or after June 1, 2010.

NOTE: The purpose of this bill is to clarify when a special election is required to fill a vacancy in the U.S. Senate, in light of the Seventeenth Amendment to the U.S. Constitution which requires the popular election of U.S. Senators. It authorizes the Legislature to provide the Governor with the power to make temporary appointments and authorizes the Governor to issue a writ of election to fill any such vacancy as required by law.

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

§3-10-4a is new; therefore, strike-throughs and underscoring have been omitted.