Senate Bill No. 445
(By Senators Kessler and Williams)
[Introduced March 4, 2009; referred to the Committee on the
A BILL to amend and reenact §19-21A-6 of the Code of West Virginia,
1931, as amended, relating to removing the certification
requirements for election of conservation supervisors.
Be it enacted by the Legislature of West Virginia:
That §19-21A-6 of the Code of West Virginia, 1931, as amended,
be amended to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-6. Election of supervisors for each district; filling
Beginning with the 2008 general election
Each county in a
district shall elect two nonpartisan supervisors: Provided,
any county with a population of one hundred thousand based on the
most recent decennial census shall elect one additional supervisor
and any county with a population over one hundred thousand based on
the most recent decennial census shall elect one additional supervisor for each fifty thousand residents over one hundred
(b) A candidate for supervisor shall own land in the district
and have the education, training or experience necessary to carry
out the duties required by this article and rules promulgated
A candidate shall file with the committee a sworn
written statement specifying that he or she meets the requirements
of office. A candidate may not be placed on the ballot or be
seated as a supervisor unless he or she meets the requirements.
(c) The committee shall provide a list of qualified candidates
to the Secretary of State no less than ninety days prior to any
election for supervisor in the manner specified by the Secretary.
(d) No nominating petition may be accepted by the committee
unless it is subscribed by twenty-five or more owners of lands
lying within the boundaries of the district and within the
boundaries of the county in which the candidate resides.
Landowners in the district may sign more than one nominating
petition to nominate more than one candidate for supervisor.
All registered voters in the district are eligible to
vote in the election for candidates from the county within the
boundaries of the district in which the voter resides. The
candidates in each county who receive the largest number of votes
cast in the election shall be elected supervisors for that county.
Supervisors shall be elected in the general election to be conducted in the year 2008 as nonpartisan candidates.
Thereafter After that,
supervisors shall be elected in the primary
election. The term of office for the candidate for supervisor
receiving the highest number of votes in the general election of
shall be for is
four years; the candidate for supervisor
receiving the second highest number of votes in the general
election of 2008
shall be for is
two years. In counties where more
than two supervisors are elected in the general election of 2008,
the two supervisors receiving the highest number of votes
serve for four years and the remaining supervisor or supervisors
serve for two years.
Terms of office for
thereafter shall be for after that are
years. The provisions of chapter three of this code
election of supervisors.
holding the position of supervisor,
regardless of the expiration of the
of office, continue to serve until the election and qualification
of his or her successor.
Any vacancy occurring in the office of supervisor
shall be filled by the committee by appointment of a person from
the county in which the vacancy occurs. Within fifteen days after
the vacancy occurs, the district shall submit a list of names of
persons qualified to be a supervisor. If the unexpired term is for
less than two years and two months, the appointed person
shall hold holds
office until the expiration of the term. If the unexpired
term is for more than two years and two months, the appointed
shall hold holds
the office until a successor is elected in
the next primary or general election and qualified.
(NOTE: The purpose of this bill is to remove an unnecessary
certification process from the requirements for the election of
conservation district supervisors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would