ENROLLED
Senate Bill No. 596
(By Senators Kessler and Plymale)
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[Passed March 5, 2007; in effect ninety days from passage.]
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AN ACT to amend and reenact §3-1-2a of the Code of West Virginia,
1931, as amended, relating to municipal elections; and
providing that municipal personnel responsible for elections
must attend biannual training conducted by the office of the
Secretary of State.
Be it enacted by the Legislature of West Virginia:
That §3-1-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
3-1-2a. Municipal elections.
(a) Notwithstanding other provisions of this code or of any
special legislative or home rule city charter, the provisions of:
(1) Articles eight and nine of this chapter; (2) any rules
promulgated under authority granted in articles eight and nine of
this chapter; and (3) any provisions of this chapter making a practice or conduct unlawful shall apply to every municipal
election held for any purpose.
(b) For purposes of:
(1) This section;
(2) The application of articles eight and nine of this
chapter;
(3) The application of the rules mentioned in this section;
and
(4) The application of provisions of this chapter making a
practice or conduct unlawful, the provisions of law which impose
any duty upon or define any offense or prohibition with respect to
the duty or authority of a county officer or county election
officer or body of county election officers shall be construed to
and shall apply with equal force and effect to the person or
persons in a municipal election upon whom this code or the city
charter or ordinance imposes such duty or vests the same or similar
authority.
(c) Every municipality shall by charter or ordinance designate
the persons in the municipality who perform the same duties as any
officer in a county election. The designated persons shall attend
a biannual election training held and conducted by the office of
the Secretary of State.
(d) This section shall not be construed to abrogate the applicability of other provisions of this chapter to municipal
elections.