ENROLLED
Senate Bill No. 669
(By Senators Hunter, Oliverio, Foster and Jenkins)
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[Passed April 9, 2005; in effect ninety days from passage.]
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AN ACT to amend and reenact §3-1-19, §3-1-20, §3-1-21, §3-1-21a,
§3-1-24 and §3-1-25 of the Code of West Virginia, 1931, as
amended; to amend and reenact §3-3-2 and §3-3-11 of said code;
to amend and reenact §3-4-10, §3-4-12 and §3-4-12a of said
code; to amend and reenact §3-4A-12, §3-4A-13 and §3-4A-13a of
said code; to amend and reenact §3-5-7, §3-5-8, §3-5-8a, §3-5-
9, §3-5-11, §3-5-12, §3-5-13a, §3-5-18, §3-5-19, §3-5-23 and
§3-5-24 of said code; to amend and reenact §3-6-4 and §3-6-4a
of said code; to amend and reenact §3-9-18 of said code; and
to amend and reenact §3-10-6 of said code, all relating to the
regulation and control of elections; transferring certain
election duties from the circuit clerk to the clerk of the
county commission; removing unconstitutional provisions
regarding nominating petitions; providing that the county
clerk shall assist the Secretary of State in determining the
validity of nominating petitions; and removing the prohibition
on a person signing or joining in any petition or certificate nominating any candidate for office from voting in a primary
election.
Be it enacted by the Legislature of West Virginia:
That §3-1-19, §3-1-20, §3-1-21, §3-1-21a, §3-1-24 and §3-1-25
of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that §3-3-2 and §3-3-11 of said code be amended and
reenacted; that §3-4-10, §3-4-12 and §3-4-12a of said code be
amended and reenacted;
that §3-4A-12, §3-4A-13 and §3-4A-13a of
said code be amended and reenacted;
that §3-5-7, §3-5-8, §3-5-8a,
§3-5-9, §3-5-11, §3-5-12, §3-5-13a, §3-5-18, §3-5-19, §3-5-23 and
§3-5-24
of said code be amended and reenacted; that §3-6-4 and §3-
6-4a
of said code
be amended and reenacted
;
and §3-9-18 of said
code be amended and reenacted
; and that §3-10-6 of said code be
amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-19. Ballot commissioners; selection; duties generally;
vacancies.
In each county in the state, the clerk of the county
commission while holding office, and two persons appointed by him
or her, one from each of the two political parties which cast the
largest and second largest number of votes in the state at the last
preceding general election, shall constitute a board of ballot
commissioners. The clerk shall be chairman. It shall be the duty
of the clerk to notify the chairman of the respective county executive committees of the two parties, at least five days before
making appointments, the time and place of making the appointments.
If at any time after notice is given, and before or on the day so
fixed for making appointments, the chairman of each of the
committees shall designate, in writing, a member of such party as
ballot commissioner. Each designee shall be appointed if he or she
meets the qualifications of a voter. Ballot commissioners shall be
appointed between the fifteenth and thirtieth days of January in
each year in which a general election is to be held, for a term of
two years beginning on the first day of February next ensuing.
They shall perform the duties of ballot commissioners at all
general, special and primary elections held in the county or any
magisterial district thereof during their term of office. A
vacancy shall be filled in the same manner as an original
appointment, but immediate notice of a vacancy shall, where
necessary, be deemed compliance with the five-day notice provision.
§3-1-20. Cards of instructions to voters; sample ballots; posting.
(a) The board of ballot commissioners of each county shall
provide cards of general information which will provide the date of
the election and the hours during which polling places will be
open, instruction for mail-in registrants and first-time voters and
voters' rights and prohibitions against fraud and misrepresentation
and cards of instruction for voters in preparing their ballots and
casting a provisional ballot as prescribed by the Secretary of
State. They shall furnish a sufficient number of cards to the commissioners of election at the same time they deliver the ballots
for the precinct.
(b) The commissioners of election shall post one instruction
card in each voting booth giving instructions to the voters on how
to prepare the ballots for deposit in the ballot boxes and how to
obtain a new ballot in place of one accidentally spoiled.
(c) The commissioners of election shall post one or more other
cards of general information at places inside and outside of the
voting place where voters pass or wait to vote. The commissioners
shall also post the official write-in candidates in the same
locations inside and outside of the voting place.
(d) The ballot commissioners shall have printed, on a
different color paper than the official ballot, ten or more copies
of sample ballots for each voting place for each election. Sample
ballots shall be furnished and posted with the cards of general
information at each voting place.
(e) During the period of early in-person voting, the clerk of
the county commission shall post the cards of general information,
a list of official write-in candidates and sample ballots within
the area where absentee voting is conducted.
§3-1-21. Printing of official and sample ballots; number;
packaging and delivery, correction of ballots.
(a) The board of ballot commissioners for each county shall
provide the ballots and sample ballots necessary for conducting
every election for public officers in which the voters of the county participate.
(b) The persons required to provide the ballots necessary for
conducting all other elections are:
(1) The Secretary of State, for any statewide special election
ordered by the Legislature;
(2) The board of ballot commissioners, for any countywide
special election ordered by the county commission;
(3) The Board of Education, for any special levy or bond
election ordered by the Board of Education; or
(4) The municipal board of ballot commissioners, for any
election conducted for or within a municipality except an election
in which the matter affecting the municipality is placed on the
county ballot at a county election. Ballots other than those
printed by the proper authorities as specified in this section
shall not be cast, received or counted in any election.
(c) When paper ballots are used, the total number of regular
official ballots printed shall equal one and one-twentieth times
the number of registered voters eligible to vote that ballot. The
clerk of the county commission shall determine the number of
absentee official ballots.
(d) The number of regular official ballots packaged for each
precinct shall equal the number of registered voters of the
precinct. The remaining regular official ballots shall be packaged
and delivered to the clerk of the county commission who shall
retain them unopened until they are required for an emergency. Each package of ballots shall be wrapped and sealed in a manner
which will immediately make apparent any attempt to open, alter or
tamper with the ballots. Each package of ballots for a precinct
shall be clearly labeled in a manner which cannot be altered, with
the county name, the precinct number and the number of ballots
contained in each package. If the packaging material conceals the
face of the ballot, a sample ballot identical to the official
ballots contained therein shall be securely attached to the outside
of the package or, in the case of ballot cards, the type of ballot
shall be included in the label.
(e) All absentee ballots necessary for conducting absentee
voting in all voting systems shall be delivered to the clerk of the
county commission of the appropriate county not later than the
forty-second day before the election. All official ballots in
paper ballot systems shall be delivered to the clerk of the county
commission of the appropriate county not later than twenty-eight
days before the election.
(f) Upon a finding of the board of ballot commissioners that
an official ballot contains an error which, in the opinion of the
board, is of sufficient magnitude as to confuse or mislead the
voters, the board shall cause the error to be corrected either by
the reprinting of the ballots or by the use of stickers printed
with the correction and of suitable size to be placed over the
error without covering any other portion of the ballot.
§3-1-21a. Vendors authorized to print ballots; eligibility; application and certification; denial, suspension
and revocation of authorization; appeal.
(a) The printing of ballots for any election to be held
pursuant to the provisions of this chapter shall be contracted for
with a vendor authorized in accordance with the provisions of this
section.
(b) Any vendor authorized to do business in West Virginia and
in good standing may apply for a certificate of authorization to
print ballots for elections in this state: Provided, That any
individual, partnership, association or corporation who does not
qualify as a resident vendor pursuant to the provisions of section
thirty-seven-a, article three, chapter five-a of this code or who
prints the ballots in a state which prohibits that state or any of
its political subdivisions from contracting with West Virginia
resident vendors for the printing of ballots or which prohibits the
printing of ballots outside of such state, is not eligible to
obtain a certificate of authorization.
(c) (1) Every vendor desiring to print ballots for elections
held pursuant to the provisions of this chapter shall, prior to the
execution of any contract for the printing of ballots with any
state, county, or municipal government, obtain a certificate of
authorization to print ballots.
(2) A certificate of authorization may be obtained by
application to the Secretary of State, upon a form prescribed by
the Secretary of State. The form shall include a statement that all printing, packaging and delivery specifications for ballots set
forth in this chapter will be substantially met, and that the
vendor applying for certification is eligible in accordance with
the provisions of this section.
(3) Upon receipt of the completed application, the Secretary
of State shall issue a certificate of authorization to print
ballots, which shall remain in effect for two years from the date
of issuance and may be renewed upon application therefor:
Provided, That the Secretary of State may deny the application to
issue or renew the certificate of authorization, or may suspend or
revoke the certificate of authorization upon a determination that
the vendor has not substantially complied with the printing,
packaging and delivery specifications in the printing of ballots
for any state, county or municipal election, or that the vendor is
not eligible or is no longer eligible to print ballots pursuant to
the provisions of this section. The Secretary of State shall give
written notice of any such determination by certified mail, return
receipt requested, to the vendor setting forth the reason for the
suspension, revocation or the denial of the application or the
denial of the renewal thereof. The applicant may, within sixty
days of the receipt of such denial, file a written appeal with the
State Election Commission. The State Election Commission shall
promulgate rules establishing a hearing process for such appeals.
(d) On or before the second Monday of January of each year,
the Secretary of State shall provide a list of all vendors authorized to print ballots for state, county and municipal
elections to the clerk of each county commission of this state.
§3-1-24. Obtaining and delivering election supplies.
(a) It shall be the duty of the clerk of the county commission
to appoint one or more of the commissioners of election or poll
clerks at each precinct of the county to attend at the office of
the clerk of the county commission at least one day before each
election to receive the ballots, ballot boxes, poll books,
registration records and forms and all other supplies and materials
for conducting the election at the respective precincts. The clerk
shall take a receipt for the respective materials delivered to the
commissioners of election or poll clerks and shall file the receipt
in his or her office. It shall be the duty of the commissioners or
poll clerks to receive the supplies and materials from the clerk
and to deliver them with the seal of all sealed packages unbroken
at the election precinct in time to open the election.
(b) The commissioners or poll clerks, if they perform the
messenger services, shall receive the per diem and mileage rate
prescribed by law for this service.
(c) Ballots shall be delivered in sealed packages with seals
unbroken. For general and special elections the delivered ballots
shall not be in excess of one and one-twentieth times the number of
registered voters in the precinct. For primary elections the
ballots for each party shall be in a separately sealed package
containing not more than one and one-twentieth times the number of registered voters of each party in the election precinct.
(d) For primary elections one copy of the poll books,
including the written or printed forms for oaths of commissioners
of election and poll clerks, shall be supplied at each voting
precinct for each political party appearing on the primary ballot.
(e) There shall be two ballot boxes for each election precinct
for which a receiving and a counting board of election
commissioners have been appointed.
§3-1-25. Supplies by special messenger.
In case any commissioner of election or poll clerk fails to
appear at the offices of the clerk of the county commission by the
close of the clerk's office on the day prior to any election, the
board of ballot commissioners, the chairman or the clerk of the
county commission shall forthwith dispatch a special messenger to
the commissioners of election of each respective precinct with the
ballots, registration records, ballot boxes, poll books and other
supplies for the precinct. The messenger, if not a county
employee, shall be allowed five dollars for this service. The
messenger shall also receive 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. The messenger shall
promptly report to the clerk of county commission and file with the
clerk the receipts of the person to whom he or she delivered the
ballots and other supplies and his or her affidavit stating when and to whom he or she delivered them.
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-2. Authority to conduct absentee voting; absentee voting
application; form.
(a) Absentee voting is to be supervised and conducted by the
proper official for the political division in which the election is
held, in conjunction with the ballot commissioners appointed from
each political party, as follows:
(1) For any election held throughout the county, within a
political subdivision or territory other than a municipality, or
within a municipality when the municipal election is conducted in
conjunction with a county election, the clerk of the county
commission; or
(2) The municipal recorder or other officer authorized by
charter or ordinance provisions to conduct absentee voting, for any
election held entirely within the municipality, or in the case of
annexation elections, within the area affected. The terms "clerk"
or "" "clerk of the county commission" or "official designated to
supervise and conduct absentee voting" used elsewhere in this
article means municipal recorder or other officer in the case of
municipal elections.
(b) A person authorized and desiring to vote a mail-in
absentee ballot in any primary, general or special election is to
make application in writing in the proper form to the proper
official as follows:
(1) The completed application is to be on a form prescribed by
the Secretary of State and is to contain the name, date of birth
and political affiliation of the voter, residence address within
the county, the address to which the ballot is to be mailed, the
authorized reason, if any, for which the absentee ballot is
requested and, if the reason is illness or hospitalization, the
name and telephone number of the attending physician, the signature
of the voter to a declaration made under the penalties for false
swearing as provided in section three, article nine of this chapter
that the statements and declarations contained in the application
are true, any additional information which the voter is required to
supply, any affidavit which may be required and an indication as to
whether it is an application for voting in person or by mail; or
(2) For any person authorized to vote an absentee ballot under
the provisions of 42 U. S. C. §1973, et seq., the Uniformed and
Overseas Citizens Absentee Voting Act of 1986, the completed
application may be on the federal postcard application for absentee
ballot form issued under authority of that act; or
(3) For any person unable to obtain the official form for
absentee balloting at a reasonable time before the deadline for an
application for an absentee ballot by mail is to be received by the
proper official, the completed application may be in a form set out
by the voter, provided all information required to meet the
provisions of this article is set forth and the application is
signed by the voter requesting the ballot.
§3-3-11. Preparation, number and handling of absent voters'
ballots.
(a) Absent voters' ballots are to be in all respects like
other ballots. Not less than seventy days before the date on which
any primary, general or special election is to be held, unless a
lesser number of days is provided in any specific election law in
which case the lesser number of days applies, the clerks of the
county commissions of the several counties shall estimate and
determine the number of absent voters' ballots of all kinds which
will be required in their respective counties for that election.
The ballots for the election of all officers, or the ratification,
acceptance or rejection of any measure, proposition or other public
question to be voted on by the voters, are to be prepared and
printed under the direction of the board of ballot commissioners
constituted as provided in article one of this chapter. The
several county boards of ballot commissioners shall prepare and
have printed, in the number they may determine, absent voters'
ballots that are to be printed under their directions as provided
in this chapter and those ballots are to be delivered to the clerk
of the county commission of the county not less than forty-two days
before the day of the election at which they are to be used.
(b) The official designated to supervise and conduct absentee
voting shall be responsible for the mailing, receiving, delivering
and otherwise handling of all absent voters' ballots. He or she
shall keep a record, as may be prescribed by the Secretary of State, of all ballots delivered for the purpose of absentee voting,
as well as all ballots, if any, marked before him or her and shall
deliver to the commissioner of election a certificate stating the
number of ballots delivered or mailed to absent voters and those
marked before him or her, if any, and the names of the voters to
whom those ballots have been delivered or mailed or by whom they
have been marked, if marked before him or her.
ARTICLE 4. VOTING MACHINES.
§3-4-10. Ballot labels, instructions and other supplies; vacancy
changes; procedure and requirements.
(a) The ballot commissioners of any county in which voting
machines are to be used in any election shall cause to be printed
for use in the election the ballot labels for the voting machines
and paper ballots for absentee voting, voting by persons unable to
use the voting machine and provisional ballots or if an electronic
voting system or direct recording election equipment is to be used
in an election, the ballot commissioners shall comply with
requirements of section eleven, article four-a of this chapter.
The labels shall be clearly printed in black ink on clear white
material in a size that will fit the ballot frames. The paper
ballots shall be printed in compliance with the provisions of this
chapter governing paper ballots.
(b) The heading, the names and arrangement of offices and the
printing and arrangement of names of the candidates for each office
indicated must be placed on the ballot for the primary election as nearly as possible according to the provisions of sections thirteen
and thirteen-a, article five of this chapter and for the general
election according to the provisions of section two, article six of
this chapter: Provided, That the staggering of the names of
candidates in multicandidate races and the instructions to straight
ticket voters prescribed by section two, article six of this
chapter shall appear on paper ballots but shall not appear on
ballot labels for voting machines which mechanically control
crossover voting.
(c) Each question to be voted on must be placed at the end of
the ballot and must be printed according to the provisions of the
laws and rules governing the question.
(d) The ballot labels printed must total in number one and
one-half times the total number of corresponding voting machines to
be used in the several precincts of the county in the election.
All the labels must be delivered to the clerk of the county
commission at least twenty-eight days prior to the day of the
election. The clerk of the county commission shall determine the
number of paper ballots needed for absentee voting and to supply
the precincts for provisional ballots and ballots to be cast by
persons unable to use the voting machine. All required paper
ballots shall be delivered to the clerk of the county commission at
least forty-two days prior to the day of the election.
(e) When the ballot labels and absentee ballots are delivered,
the clerk of the county commission shall examine them for accuracy, assure that the appropriate ballots and ballot labels are
designated for each voting precinct and insert one set in each
machine prior to the inspection of the machines as prescribed in
section twelve of this article. The remainder of the ballot labels
for each machine shall be retained by the clerk of the county
commission for use in an emergency.
(f) In addition to all other equipment and supplies required
by the provisions of this article, the ballot commissioners shall
cause to be printed a supply of instruction cards, sample ballots
and facsimile diagrams of the voting machine ballot adequate for
the orderly conduct of the election in each precinct in their
county. In addition, they shall provide appropriate facilities for
the reception and safekeeping of the ballots of absent voters and
of challenged voters and of the "independent" voters who shall, in
primary elections, cast their votes on nonpartisan candidates and
public questions submitted to the voters.
§3-4-12. Inspection of machines; duties of county commission,
ballot commissioners and election commissioners; keys
and records relating to machines.
When the clerk of the county commission has completed the
preparation of the voting machines, as provided in section eleven
of this article, and not later than seven days before the day of
the election, he or she shall notify the members of the county
commission and the ballot commissioners that the machines are ready
for use. Thereupon the members of the county commission and the ballot commissioners shall convene at the office of the clerk, or
at such other place wherein the voting machines are stored, not
later than five days before the day of the election, and shall
examine the machines to determine whether the requirements of this
article have been met. Any candidate, and one representative of
each political party having candidates to be voted on at the
election, may be present during the examination. If the machines
are found to be in proper order, the members of the county
commission and the ballot commissioners shall endorse their
approval in the book in which the clerk entered the numbers of the
machines opposite the numbers of the precincts. The clerk shall
then deliver the keys to the voting machines to the ballot
commissioners who shall give a receipt for the keys, which shall
contain identification of such keys. Not later than one day before
the election the election commissioner of each precinct, who shall
have been previously designated by the ballot commissioners, shall
attend at the office of the clerk of the county commission to
receive the key or keys to the device covering the registering
counters and such other keys as may be necessary for the operation
of the machine in registering votes, and to receive the other
necessary election records, books and supplies required by law.
The election commissioners shall receive the per diem mileage rate
prescribed by law for this service. The election commissioners
shall give the ballot commissioners a receipt for the keys,
records, books and supplies. The receipt shall contain identification of the keys. The master key and all other keys
shall remain in the possession of the clerk of the county
commission.
§3-4-12a. Supplies by special messenger.
In case any commissioner of election shall fail to appear at
the offices of the clerk of the county commission by the close of
the clerk's office on the day prior to any election, the board of
ballot commissioners, the chairman thereof shall cause all
necessary election records, books and supplies to be delivered by
special messenger in the same manner and under the same terms and
conditions as is provided for the dispatch of the special messenger
under the provisions of section twenty-five, article one of this
chapter.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-12. Ballot label arrangement in vote recording devices;
sealing of devices; record of identifying numbers.
In counties using electronic voting systems utilizing vote
recording devices:
(1) The number of ballot labels printed, where applicable, are
to equal one and one-half times the total number of corresponding
vote recording devices to be used in the election. All labels are
to be delivered to the clerk of the county commission at least
thirty-five days prior to the election. The clerk shall
immediately examine the ballot labels for accuracy and assure that the appropriate ballot labels are designated for each voting
precinct.
(2) The total number of ballot cards printed and the number
packaged for each precinct and the requirements for ballot colors
and packaging are to conform as nearly as possible to the
requirements for paper ballots. Official ballot cards printed and
packaged for the various precincts are to be delivered to the clerk
of the county commission at least twenty-eight days prior to the
election.
(3) The necessary number of ballot cards, ballot labels,
sample ballots, and other supplies necessary for absentee voting
are to be delivered to the clerk of the county commission at least
forty-two days prior to the election. The clerk shall immediately
check the ballot labels to assure their accuracy and shall place
them in vote recording devices which are clearly designated for the
proper district or party, or both, for the purpose of absentee
voting.
(4) The clerk of the county commission shall retain the
remainder of the ballot labels for each machine for use in an
emergency.
(5) The clerk of the county commission shall seal the vote
recording devices so as to prevent tampering with ballot labels,
and enter in an appropriate book, opposite the number of each
precinct, the identifying or distinguishing number of the specific
vote recording device or devices to be used in that precinct.
§3-4A-13. Inspection of ballots and vote recording devices; duties
of county commission, ballot commissioners and
election commissioners; records relating to ballots
and vote recording devices; receipt of election
materials by ballot commissioners.
When the clerk of the county commission has completed the
preparation of the ballots and vote recording devices as provided
in sections eleven, eleven-a and twelve of this article and as
provided in section twenty-one, article one of this chapter, and
not later than seven days before the day of the election, he or she
shall notify the members of the county commission and the ballot
commissioners that the ballots and devices, where applicable, are
ready for use. Thereupon the members of the county commission and
the ballot commissioners shall convene at the office of the clerk
or at such other place wherein the vote recording devices, where
applicable, and ballots are stored, not later than five days before
the day of the election, and shall inspect the devices and the
ballots to determine whether the requirements of this article have
been met. Notice of the place and time of such inspection shall be
published, no less than three days prior thereto, as a Class I-0
legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code, and the publication area
for the publication shall be the county involved. Any candidate
and one representative of each political party on the ballot may be present during such examination. If the devices, where applicable,
and ballots are found to be in proper order, the members of the
county commission and the ballot commissioners shall, where
applicable, endorse their approval in the book in which the clerk
entered the numbers of the devices opposite the numbers of the
precincts. The vote recording devices and the ballots shall then
be secured in double lock rooms. The clerk and the president or
president pro tempore of the county commission shall each have a
key. The rooms shall be unlocked only in their presence and only
for the removal of the devices, where applicable, and the ballots
for transportation to the polls. Upon such removal of the devices
and ballots, the clerk and president or president pro tempore of
the county commission shall certify in writing signed by them that
the devices, where applicable, and packages of ballots were found
to be sealed when removed for transportation to the polls.
Not later than one day before the election the election
commissioner of each precinct who shall have been previously
designated by the ballot commissioners, shall attend at the office
of the clerk of the county commission to receive the necessary
election records, books and supplies required by law. The election
commissioners shall receive the per diem mileage rate prescribed by
law for this service. The election commissioners shall give the
ballot commissioners a sequentially numbered written receipt, on a
printed form, provided by the clerk of the county commission, for
such records, books and supplies. The receipt shall be prepared in duplicate. One copy of the receipt shall remain with the clerk of
the county commission and one copy shall be delivered to the
president or president pro tempore of the county commission.
§3-4A-13a. Supplies by special messenger.
In case any commissioner of election shall fail to appear at
the offices of the clerk of the county commission by the close of
the clerk's office on the day prior to any election, the board of
ballot commissioners, the chairman thereof or the clerk of the
county commission shall cause all necessary election records, books
and supplies to be delivered by special messenger in the same
manner and under the same terms and conditions as is provided the
dispatch of the special messenger under the provisions of section
twenty-five, article one of this chapter.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-7. Filing announcements of candidacies; requirements;
withdrawal of candidates when section applicable.
Any person who is eligible and seeks to hold an office or
political party position to be filled by election in any primary or
general election held under the provisions of this chapter shall
file a certificate of announcement declaring as a candidate for the
nomination or election to the office.
(a) The certificate of announcement shall be filed as follows:
(1) With the Secretary of State, if it be an office or
political position to be filled by the voters of more than one county;
(2) With the clerk of the county commission, if it be for an
office to be filled by the voters of a single county or of a
subdivision less than a county;
(3) With the recorder or city clerk if it be for an office to
be filled by the voters of a municipality.
The certificate of announcement shall be filed with the proper
officer not earlier than the second Monday in January next
preceding the primary election day, and not later than the last
Saturday in January next preceding the primary election day, and
must be received before midnight, eastern standard time, of that
day or, if mailed, shall be postmarked by the United States Postal
Service before that hour.
(b) The certificate of announcement shall be in a form
prescribed by the Secretary of State on which the candidate shall
make a sworn statement before a notary public or other officer
authorized to give oaths, containing the following information:
(1) The date of the election in which the candidate seeks to
appear on the ballot;
(2) The name of the office sought; the district, if any; and
the division, if any;
(3) The legal name of the candidate, and the exact name the
candidate desires to appear on the ballot, subject to limitations
prescribed in section thirteen, article five of this chapter;
(4) The county of residence and a statement that the candidate is a legally qualified voter of that county; and the magisterial
district of residence for candidates elected from magisterial
districts or under magisterial district limitations;
(5) The specific address designating the location at which the
candidate resides at the time of filing, including number and
street or rural route and box number, and city, state and zip code;
(6) For partisan elections, the name of the candidate's
political party, and a statement that the candidate is a member of
and affiliated with that political party as is evidenced by the
candidate's current registration as a voter affiliated with that
party, and that the candidate has not been registered as a voter
affiliated with any other political party for a period of sixty
days before the date of filing the announcement;
(7) For candidates for delegate to national convention, the
name of the presidential candidate to be listed on the ballot as
the preference of the candidate on the first convention ballot; or,
a statement that the candidate prefers to remain "uncommitted";
(8) A statement that the person filing the certificate of
announcement is a candidate for the office in good faith;
(9) The words "subscribed and sworn to before me this ______
day of _____________, 20____," and a space for the signature of the
officer giving the oath.
The Secretary of State or the board of ballot commissioners,
as the case may be, may refuse to certify the candidacy or remove
the certification of the candidacy upon receipt of a certified copy of the voter's registration record of the candidate evidencing that
the candidate was registered as a voter in a party other than the
one named in the certificate of announcement during the sixty days
immediately preceding the filing of the certificate: Provided,
That unless a signed formal complaint of violation of this section
and the certified copy of the voter's registration record of the
candidate be filed with the officer receiving that candidate's
certificate of announcement no later than ten days following the
close of the filing period, the candidate shall not be refused
certification for this reason.
(c) The certificate of announcement shall be subscribed and
sworn to by the candidate before some officer qualified to
administer oaths, who shall certify the same. Any person who
knowingly provides false information on the certificate is guilty
of false swearing and shall be punished as set forth in section
three, article nine of this chapter.
(d) Any candidate for delegate to a national convention may
change his or her statement of presidential preference by notifying
the Secretary of State by letter received by the Secretary of State
no later than the third Tuesday following the close of candidate
filing. When the rules of the political party allow each
presidential candidate to approve or reject candidates for delegate
to convention who may appear on the ballot as committed to that
presidential candidate, the presidential candidate or the
candidate's committee on his or her behalf may file a list of approved or rejected candidates for delegate, and the Secretary of
State shall list as "uncommitted" any candidate for delegate who is
disapproved by the presidential candidate.
(e) No person shall be a candidate for more than one office or
office division at any election: Provided, That a candidate for an
office may also be a candidate for president of the United States,
for membership on a political party executive committee or for
delegate to a political party national convention. Notwithstanding
the provisions of this section, nothing shall prohibit a candidate
from jointly running for or holding the offices of county clerk and
circuit clerk in those counties which operate a joint clerkship
system.
(f) Any candidate who files a certificate of announcement for
more than one office or division and does not withdraw, as provided
by section eleven, article five of this chapter, from all but one
office prior to the close of the filing period shall not be
certified by the Secretary of State or placed on the ballot for any
office by the board of ballot commissioners.
The provisions of this section enacted during the regular
session of the Legislature in the year one thousand nine hundred
ninety-one shall apply to the primary election held in the year one
thousand nine hundred ninety-two and every primary election held
thereafter. The provisions of this section enacted during the
regular session of the Legislature in the year one thousand nine
hundred ninety-eight shall apply to the primary election held in the year two thousand and every primary election held thereafter.
§3-5-8. Filing fees and their disposition.
Every person who becomes a candidate for nomination for or
election to office in any primary election shall, at the time of
filing the certificate of announcement as required in this article,
pay a filing fee as follows:
(a) A candidate for president of the United States, for vice
president of the United States, for United States Senator, for
member of the United States House of Representatives, for Governor
and for all other state elective offices shall pay a fee equivalent
to one percent of the annual salary of the office for which the
candidate announces: Provided, That the filing fee for any
candidate for president or vice president of the United States
shall not exceed two thousand five hundred dollars commencing with
the two thousand four filing period;
(b) A candidate for the office of judge of a circuit court and
judge of a family court shall pay a fee equivalent to one percent
of the total annual salary of the office for which the candidate
announces;
(c) A candidate for member of the House of Delegates shall pay
a fee of one-half percent of the total annual salary of the office
and a candidate for state Senator shall pay a fee of one percent of
the total annual salary of the office;
(d) A candidate for sheriff, prosecuting attorney, circuit
clerk, county clerk, assessor, member of the county commission and magistrate shall pay a fee equivalent to one percent of the annual
salary, excluding any additional compensation or commission of the
office for which the candidate announces. A candidate for county
board of education shall pay a fee of twenty-five dollars. A
candidate for any other county office shall pay a fee of ten
dollars;
(e) Delegates to the national convention of any political
party shall pay the following filing fees:
A candidate for delegate-at-large shall pay a fee of twenty
dollars; and a candidate for delegate from a congressional district
shall pay a fee of ten dollars;
(f) Candidates for members of political executive committees
and other political committees shall pay the following filing fees:
A candidate for member of a state executive committee of any
political party shall pay a fee of twenty dollars; a candidate for
member of a county executive committee of any political party shall
pay a fee of ten dollars; and a candidate for member of a
congressional, senatorial or delegate district committee of any
political party shall pay a fee of five dollars.
Candidates filing for an office to be filled by the voters of
one county shall pay the filing fee to the clerk of the
county
commission and candidates filing for an office to be filled by the
voters of more than one county shall pay the filing fee to the
Secretary of State at the time of filing their certificates of
announcement and no certificate of announcement shall be received until the filing fee is paid.
All moneys received by the clerk from the fees shall be
credited to the general county fund. Moneys received by the
Secretary of State from fees paid by candidates for offices to be
filled by all the voters of the state shall be deposited in a
special fund for that purpose and shall be apportioned and paid by
him or her to the several counties on the basis of population and
that received from candidates from a district or judicial circuit
of more than one county shall be apportioned to the counties
comprising the district or judicial circuit in like manner. When
such moneys are received by sheriffs, it shall be credited to the
general county fund.
§3-5-8a. Nominating petitions as alternatives to filing fees; oath
of impecuniosity required; petition in lieu of payment
of filing fee.
A candidate seeking nomination to any office who is unable to
pay the filing fee may qualify through the following petition
process in lieu of payment of the filing fee.
The candidate shall file an oath with the appropriate office
required under section eight of this article stating that he or she
is unable to pay the filing fee due to a lack of financial
resources. Such oath shall be filed not earlier than the second
Monday in January next preceding the primary election day.
Upon receipt of the written oath the receiving officer shall
provide the candidate with in-lieu-of-filing-fee petition forms and instructions on gathering the required signatures. The number of
required signatures shall be four qualified voters for each whole
dollar of the filing fee: Provided, That the filing fee shall be
waived, in whole and not in part. Only signatures of voters
registered in the county, district or other political division
represented by the office sought may be solicited. Solicitors of
signatures shall also be residents of the county, district or other
geographical entity represented by the office sought: Provided,
however, That for offices to be filled by the voters of more than
one county, separate petition forms shall be used for the
signatures of qualified voters from each county.
No qualified voter forfeits his or her opportunity to vote in
the primary election by signing an in-lieu-of-filing-fee petition.
The candidate may submit a greater number of signatures to
allow for subsequent losses due to invalidity of some signatures.
The clerk of the county commission may not be required to determine
the validity of a greater number of signatures than that required
by this section.
Signatures obtained on an in-lieu-of-filing-fee petition shall
not be counted toward the number of voters required to sign a
nomination certificate in accordance with section twenty-three of
this article.
The candidate shall file all in-lieu-of-filing-fee petitions
with the required number of valid signatures with the clerk of the
county commission or Secretary of State, as the case may be, not later than the last date required by law for filing declarations of
candidacies and payment of the filing fee.
The oath and forms required by this section shall be
prescribed by the Secretary of State.
§3-5-9. Certification and posting of candidacies.
By the eighty-fourth day next preceding the day fixed for the
primary election, the Secretary of State shall arrange the names of
all candidates, who have filed announcements with him or her, as
provided in this article, and who are entitled to have their names
printed on any political party ballot, in accordance with the
provisions of this chapter, and shall forthwith certify the same
under his or her name and the lesser seal of the state, and file
the same in his or her office.
The certificate of candidates shall show: (1) The name and
residence of each candidate; (2) the office for which he or she is
a candidate; (3) the name of the political party of which he or she
is a candidate; (4) upon what ballot his or her name is to be
printed; and (5) in the case of a candidate for delegate to the
national convention of any political party, the name of the person
the candidate prefers as the presidential nominee of his or her
party, or if he or she has no preference, the word "uncommitted".
The Secretary of State shall post a duplicate of the
certificate in a conspicuous place in his or her office and keep
same posted until after the primary election.
Immediately upon completion of such certification, the Secretary of State shall ascertain therefrom the candidates whose
names are to appear on the primary election ballots in the several
counties of the state and shall certify to the clerk of the county
commission in each county the certificate information relating to
each of the candidates whose names are to appear on the ballot in
that county. He or she shall transmit the certificate to the
several clerks by registered or certified mail, but, in emergency
cases, he may resort to other reliable and speedy means of
transmission which may be available so that such certificates shall
reach the several clerks by the seventieth day next preceding such
primary election day.
The provisions of this section shall apply to the primary
election held in the year one thousand nine hundred eighty-six and
every primary election held thereafter.
§3-5-11. Withdrawals; filling vacancies in candidacy; publication.
(a) A candidate who has filed a certificate of announcement
and wishes to withdraw and decline to stand as a candidate for the
office shall file a signed and notarized statement of withdrawal
with the same officer with whom the certificate of announcement was
filed. If the statement of withdrawal is received not later than
the third Tuesday following the close of candidate filing, the name
of a candidate who files that statement of withdrawal may not be
printed on the ballot. No candidate who files a statement of
withdrawal after that time may have his or her name removed from
the ballot.
(b) Upon request of the candidate's family, the board of
ballot commissioners may remove the name of a candidate who dies
before the ballots are printed. If a candidate dies after the
ballots are printed but before the election, the clerk of the
county commission shall give a written notice which shall be posted
with the sample ballot at each precinct with the county to the
following effect: "To the voter: (name) of (residence), a candidate
for (office) is deceased."
(c) If after the time is closed for announcing as a candidate
there is a vacancy on the ballot caused by failure of any person of
a party to file for each available seat of each available office,
the executive committee of the party for the political division
within which such candidate was to be voted for, or its chair if
the committee fails to act, may fill the vacancy and certify the
candidate named to the appropriate filing officer. Certification
of the appointment by the executive committee or its chair, the
candidate's certificate of announcement and the filing fee must be
received by the appropriate filing officer as follows: For an
appointment by an executive committee, no later than the second
Friday following the close of filing, for an appointment by its
chair, no later than the third Tuesday following the close of
filing. A candidate appointed to fill a vacancy on the ballot
under this subsection shall have his or her name printed on the
primary ballot for that party.
§3-5-12. Official and sample ballots; color.
There shall be a separate ballot printed on different colored
paper for each political party participating in the primary
election and the ballot of no two parties may be of the same color
or tint. The Secretary of State shall select and determine the
color of the paper of the ballot of each of the parties, and shall
notify the clerk of the county commission of each county thereof,
at the time he or she certifies the names of the candidates of the
various parties to the clerk, as herein provided.
A different color of paper shall be selected and designated by
the Secretary of State for each party. The sample ballots of each
party shall be of a different color than the official ballot and of
a different color from one another. There shall be printed across
the face of such sample ballot in large letters the words "sample
ballot". No sample ballot shall be voted or counted in any
election.
§3-5-13a. Order of offices and candidates on the ballot; uniform
drawing date.
(a) The order of offices for state and county elections on all
ballots within the state shall be as prescribed herein. When the
office does not appear on the ballot in an election, then it shall
be omitted from the sequence. When an unexpired term for an office
appears on the ballot along with a full term, the unexpired term
shall appear immediately below the full term.
NATIONAL TICKET: President (and Vice President in the general
election), United States Senator, member of the United States House of Representatives
STATE TICKET: Governor, Secretary of State, Auditor,
Treasurer, Commissioner of Agriculture, Attorney General, Justice
of the Supreme Court of Appeals, State Senator, member of the House
of Delegates, circuit judge in multicounty districts, family court
judge in multicounty districts, any other multicounty office, state
executive committee
COUNTY TICKET: Circuit judge in single-county districts,
family court judge in single-county districts, clerk of the circuit
court, county commissioner, clerk of the county commission,
prosecuting attorney, sheriff, assessor, magistrate, surveyor,
congressional district executive committee, senatorial district
executive committee in multicounty districts, delegate district
executive committee in multicounty districts
NATIONAL CONVENTION: Delegate to the national convention --
at-large, delegate to the national convention -- congressional
district
DISTRICT TICKET: County executive committee.
(b) Except for office divisions in which no more than one
person has filed a certificate of announcement, the arrangement of
names for all offices shall be determined by lot according to the
following provisions:
(1) On the fourth Tuesday following the close of the candidate
filing, beginning at nine o'clock a. m., a drawing by lot shall be
conducted in the office of the clerk of the county commission in each county. Notice of the drawing shall be given on the form for
the certificate of announcement and no further notice shall be
required. The clerk of the county commission shall superintend and
conduct the drawing and the method of conducting the drawing shall
be prescribed by the Secretary of State.
(2) Except as provided herein, the position of each candidate
within each office division shall be determined by the position
drawn for that candidate individually: Provided, That if fewer
candidates file for an office division than the total number to be
nominated or elected, the vacant positions shall appear following
the names of all candidates for the office.
(3) Candidates for delegate to national convention who have
filed a commitment to a candidate for president shall be listed
alphabetically within the group of candidates committed to the same
candidate for president and uncommitted candidates shall be listed
alphabetically in an uncommitted category. The position of each
group of committed candidates and uncommitted candidates shall be
determined by lot by drawing the names of the presidential
candidates and for an uncommitted category.
(4) A candidate or the candidate's representative may attend
the drawings.
§3-5-18. Disposition of certificates of results.
The certificates of the board of canvassers made pursuant to
the preceding section shall be by them disposed of as follows: One
of the certificates showing the votes received by each candidate of each party for each office to be filled by the voters of a
political division greater than a county, including members of the
State Executive Committee, shall be filed with the Secretary of
State, and preserved in his or her office, and a copy thereof filed
in the office of the clerk of the county commission of the county
of such board, to be preserved by the clerk, and which shall be
open to public inspection; one certificate showing the votes
received by each candidate of each party for each office to be
filled by the voters of the county or magisterial district within
such county, including members of the county executive committee,
shall be filed with the clerk of the county commission, and
preserved in his or her office. If requested, the board of
canvassers shall furnish to the county chairman of each political
party a certificate showing the number of votes received by each of
the candidates of such party in the county or any magisterial
district therein.
The Secretary of State shall certify, under the seal of the
state, to the clerk of the county commission of each county in
which a candidate is to be voted for, the name of the candidate of
each political party receiving the highest number of votes in the
political division in which he or she is a candidate, and who is
entitled to have his or her name placed on the official ballot in
the general election as the nominee of the party for such office.
The Secretary of State shall also certify in the same manner the
names of all candidates nominated by political parties or by groups of citizens, not constituting a political party, in any manner
provided for making such nominations in this chapter.
§3-5-19. Vacancies in nominations; how filled; fees.
(a) If any vacancy shall occur in the party nomination of
candidates for office nominated at the primary election or by
appointment under the provisions of section eleven of this article,
the vacancies may be filled, subject to the following requirements
and limitations:
(1) Each appointment made under this section shall be made by
the executive committee of the political party for the political
division in which the vacancy occurs: Provided, That if the
executive committee holds a duly called meeting in accordance with
section nine, article one of this chapter but fails to make an
appointment or fails to certify the appointment of the candidate to
the proper filing officer within the time required, the chairperson
of the executive committee may make the appointment not later than
two days following the deadline for the executive committee.
(2) Each appointment made under this section is complete only
upon the receipt by the proper filing officer of the certificate of
appointment by the executive committee, or its chairperson, as the
case may be, the certificate of announcement of the candidate as
prescribed in section seven of this article and, except for
appointments made under subdivision (4), (5), (6) or (7) of this
subsection, the filing fee or waiver of fee as prescribed in
section eight or eight-a of this article. The proper filing officer is the officer with whom the original certificate of
nomination is regularly filed for that office.
(3) If a vacancy in nomination is caused by the failure of a
candidate to file for an office, or by withdrawal of a candidate no
later than the third Tuesday following the close of candidate
filing pursuant to the provisions of section eleven of this
article, a nominee may be appointed by the executive committee and
certified to the proper filing officer no later than the Thursday
preceding the primary election.
(4) If a vacancy in nomination is caused by the
disqualification of a candidate and the vacancy occurs not later
than eighty-four days before the general election, a nominee may be
appointed by the executive committee and certified to the proper
filing officer not later than seventy-eight days before the general
election. A candidate may be determined ineligible if a written
request is made by an individual with information to show a
candidate's ineligibility to the State Election Commission no later
than ninety-five days before the general election explaining
grounds why a candidate is not eligible to be placed on the general
election ballot or not eligible to hold the office, if elected.
The State Election Commission shall review the reasons for the
request. If the commission finds the circumstances warrant the
disqualification of the candidate, the Commission may authorize
appointment by the executive committee to fill the vacancy. Upon
receipt of the authorization a nominee may be appointed by the executive committee and certified to the proper filing officer no
later than seventy-eight days before the general election.
(5) If a vacancy in nomination is caused by the incapacity of
the candidate and if the vacancy occurs not later than eighty-four
days before the general election, a nominee may be appointed by the
executive committee and certified to the proper filing officer no
later than seventy-eight days before the general election.
(6) If a vacancy in nomination is caused by the withdrawal of
the candidate no later than ninety-eight days before the general
election due to extenuating personal circumstances which will
prevent the candidate from serving in the office if elected and if
the candidate or the chairperson of the executive committee for the
political division applies in writing to the State Election
Commission no later than ninety-five days before the general
election for permission to remove the candidate's name from the
general election ballot, the State Election Commission shall review
the reasons for the request. If the Commission finds the
circumstances warrant the withdrawal of the candidate, the
Commission shall authorize appointment by the executive committee
to fill the vacancy. Upon receipt of the authorization, a nominee
may be appointed by the executive committee and certified to the
proper filing officer no later than seventy-eight days before the
general election.
(7) If a vacancy in nomination is caused by the death of the
candidate occurring no later than twenty-five days before the general election, a nominee may be appointed by the executive
committee and certified to the proper filing officer no later than
twenty-one days following the date of death or no later than
twenty-two days before the general election, whichever date occurs
first.
(b) Except as otherwise provided in article ten of this
chapter, if any vacancy occurs in a partisan office or position
other than political party executive committee, which creates an
unexpired term for a position which would not otherwise appear on
the ballot in the general election, and the vacancy occurs after
the close of candidate filing for the primary election but not
later than eighty-four days before the general election, a nominee
of each political party may be appointed by the executive committee
and certified to the proper filing officer no later than
seventy-eight days before the general election. Appointments shall
be filed in the same manner as provided in subsection (a) of this
section, except that the filing fee shall be paid before the
appointment is complete.
(c) When a vacancy occurs in the board of education after the
close of candidate filing for the primary election but not later
than eighty-four days before the general election, a special
candidate filing period shall be established. Candidates seeking
election to any unexpired term for board of education shall file a
certificate of announcement and pay the filing fee to the clerk of
the county commission no earlier than the first Monday in August and no later than seventy-seven days before the general election.
§3-5-23. Certificate nominations; requirements and control;
penalties.
(a) Groups of citizens having no party organization may
nominate candidates for public office otherwise than by conventions
or primary elections. In the case, the candidate or candidates,
jointly or severally, shall file a declaration with the Secretary
of State if the office is to be filled by the voters of more than
one county, or with the clerk of the county commission of the
county if the office is to be filled by the voters of one county or
political subdivision thereof; the
declaration to be filed at least
thirty days prior to the time of filing the certificate provided by
section twenty-four of this article: Provided, That the deadline
for filing the certificate for persons seeking ballot access as a
candidate for the office of president or vice president shall be
filed not later than the first day of August preceding the general
election. At the time of filing of the
declaration each candidate
shall pay the filing fee required by law, and if the
declaration is
not so filed or the filing fee so paid, the certificate shall not
be received by the Secretary of State, or clerk of the county
commission, as the case may be.
(b) The person or persons soliciting or canvassing signatures
of duly qualified voters on the
certificate or certificates, may
solicit or canvass duly registered voters residing within the
county, district or other political division represented by the office sought, but must first obtain from the clerk of the county
commission credentials which must be exhibited to each voter
canvassed or solicited, which credentials may be in the following
form or effect:
State of West Virginia, County of ................., ss:
This certifies that the holder of this credential is hereby
authorized to solicit and canvass duly registered voters residing
in .................. (here place the county, district or other
political division represented by the office sought) to sign a
certificate purporting to nominate ............................
(here place name of candidate heading list on certificate) for the
office of .......................... and others, at the general
election to be held on ..................., 20....
Given under my hand and the seal of my office this
............... day of ........................., 20......
...............................................
Clerk, County Commission of ........... County.
The clerk of each county commission, upon proper application
made as herein provided, shall issue such credentials and shall
keep a record thereof.
(c) The certificate shall be personally signed by duly
registered voters, in their own proper handwriting or by their
marks duly witnessed, who must be residents within the county,
district or other political division represented by the office
sought wherein the canvass or solicitation is made by the person or persons duly authorized. The signatures need not all be on one
certificate. The number of signatures shall be equal to not less
than two percent of the entire vote cast at the last preceding
general election for the office in the state, district, county or
other political division for which the nomination is to be made,
but in no event shall the number be less than twenty-five. The
number of signatures shall be equal to not less than two percent of
the entire vote cast at the last preceding general election for any
statewide, congressional or presidential candidate, but in no event
shall the number be less than twenty-five. Where two or more
nominations may be made for the same office, the total of the votes
cast at the last preceding general election for the candidates
receiving the highest number of votes on each ticket for the
office
shall constitute the entire vote. No signature on a certificate
shall be counted unless it be that of a duly registered voter of
the county, district or other political division represented by the
office sought wherein the certificate was presented.
(d) The certificates shall state the name and residence of
each of the candidates; that he or she is legally qualified to hold
the office; that the subscribers are legally qualified and duly
registered as voters and desire to vote for the candidates; and may
designate, by not more than five words, a brief name of the party
which the
candidates represent and may adopt a device or emblem to
be printed on the official ballot. All candidates nominated by the
signing of the
certificates shall have their names placed on the official ballot as candidates, as if otherwise nominated under the
provisions of this chapter.
The Secretary of State shall prescribe the form and content of
the nomination certificates to be used for soliciting signatures.
The content shall include the language to be used in giving written
and oral notice to each voter that signing of the nominating
certificate forfeits that voter's right to vote in the
corresponding primary election.
Offices to be filled by the voters of more than one county
shall use separate petition forms for the signatures of qualified
voters for each county.
(e) The Secretary of State, or the clerk of the county
commission, as the case may be, may investigate the validity of the
certificates and the signatures thereon. If upon investigation
there may be doubt as to the legitimacy and the validity of the
certificate, he or she may request the Attorney General of the
state, or the prosecuting attorney of the county, to institute a
quo warranto proceeding against the nominee or nominees by
certificate to determine his or their right to the
nomination to
public office, and upon request being made, the Attorney General or
prosecuting attorney shall institute the quo warranto proceeding.
The clerk of the county commission shall, at the request of the
Secretary of State or the clerk of the circuit court, compare the
information from any certificate to the county voter registration
records in order to assist in determining the validity of any certificates.
(f) Any person violating the provisions of this section, in
addition to penalties prescribed elsewhere for violation of this
chapter, is guilty of a misdemeanor and, upon conviction, shall be
fined not more than one thousand dollars, or confined in jail for
not more than one year, or both, in the discretion of the court:
Provided, That no criminal penalty may be imposed upon anyone who
signs a nomination certificate and votes in the primary election
held after the date the certificate was signed.
§3-5-24. Filing of nomination certificates; time.
All certificates nominating candidates for office under the
preceding section, including a candidate for the office of
presidential elector, shall be filed, in the case of a candidate to
be voted for by the voters of the entire state or by any
subdivision thereof other than a single county, with the Secretary
of State, and in the case of all candidates for county and
magisterial district offices, including all offices to be filled by
the voters of a single county, with the clerk of the county
commission, not later than the day preceding the date on which the
primary election is held. After that date no certificate shall be
received by such officers.
ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-4. Late nominations; stickers.
If a nomination to fill a vacancy is made by a political party executive committee or, on its failure to so act within the time
prescribed by law, is made by the chairman of the committee, and
certified to the clerk of the county commission after the ballots
to be used at the ensuing election shall have been printed, the
clerk shall forthwith lay such certificates before the ballot
commissioners who, without delay, shall prepare, or cause to be
prepared, and deliver, or cause to be delivered, to the election
commissioners of each precinct in which the candidate is to be
voted for, a number of stickers, containing only the name of the
candidate, at least equal to the total number of ballots provided
for the precinct; but no such stickers shall be furnished to or
received by any person except a commissioner of election. It is
the duty of the commissioners holding the election to deliver such
stickers to the poll clerks, who shall, in the presence of the
election commissioners, affix one of the stickers in a careful
manner at the proper place for the name of the candidate, upon each
ballot to be voted at the election, before the poll clerks sign
their names on the ballots. The stickers may be delivered to the
election officers, by the clerk of the county commission, with the
ballots, poll books and other supplies.
§3-6-4a. Filing requirements for write-in candidates.
Any eligible person who seeks to be elected by write-in votes
to an office, except delegate to national convention, which is to
be filled in a primary, general or special election held under the
provisions of this chapter, shall file a write-in candidate's certificate of announcement as provided in this section. No
certificate of announcement may be accepted and no person may be
certified as a write-in candidate for a political party nomination
for any office or for election as delegate to national convention.
(a) The write-in candidate's certificate of announcement shall
be in a form prescribed by the Secretary of State on which the
candidate shall make a sworn statement before a notary public or
other officer authorized to give oaths containing the following
information:
(1) The name of the office sought and the district and
division, if any;
(2) The legal name of the candidate and the first and last
name by which the candidate may be identified in seeking the
office;
(3) The specific address designating the location at which the
candidate resides at the time of filing, including number and
street or rural route and box number and city, state and zip code;
(4) A statement that the person filing the certificate of
announcement is a candidate for the office in good faith; and
(5) The words "subscribed and sworn to before me this ______
day of _____________, ____" and a space for the signature of the
officer giving the oath.
(b) The certificate of announcement shall be filed with the
filing officer for the political division of the office as
prescribed in section seven, article five of this chapter.
(c) The certificate of announcement shall be filed with and
received by the proper filing officer as follows:
(1) Except as provided in subdivisions (2) and (3) of this
subsection, the certificate of announcement for any office shall be
received no later than the close of business on the twenty-first
day before the election at which the office is to be filled;
(2) When a vacancy occurs in the nomination of candidates for
an office on the ballot resulting from the death of the nominee or
from the disqualification or removal of a nominee from the ballot
by a court of competent jurisdiction not earlier than the
twenty-first day nor later than the fifth day before the general
election, the certificate shall be received no later than the close
of business on the fifth day before the election or the close of
business on the day following the occurrence of the vacancy,
whichever is later;
(3) When a vacancy occurs in an elective office which would
not otherwise appear on the ballot in the election, but which
creates an unexpired term of one or more years which, according to
the provisions of this chapter, is to be filled by election in the
next ensuing election and the vacancy occurs no earlier than the
twenty-first day and no later than the fifth day before the general
election, the certificate shall be received no later than the close
of business on the fifth day before the election or the close of
business on the day following the occurrence of the vacancy,
whichever is later.
(d) Any eligible person who files a completed write-in
candidate's certificate of announcement with the proper filing
officer within the required time shall be certified by that filing
officer as an official write-in candidate:
(1) The Secretary of State shall, immediately following the
filing deadline, post the names of all official write-in candidates
for offices on the ballot in more than one county and certify the
name of each official write-in candidate to the clerks of the
county commissions of the appropriate counties.
(2) The clerk of the county commission shall, immediately
following the filing deadline, post the names of all official
write-in candidates for offices on the ballot in one county and
certify and deliver to the election officials of the appropriate
precincts, the names of all official write-in candidates and the
office sought by each for statewide, district and county offices on
the ballot in the precinct for which valid write-in votes will be
counted and the names shall be posted at the office where absentee
voting is conducted and at the precincts in accordance with section
twenty, article one of this chapter.
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-18. Unlawful voting in primary elections; penalties.
Any person voting, in any primary election, any ticket of a
party other than that of which he is registered as a member, and
any election officer receiving the vote of any such person,
knowing, or having reason to believe, that such voter is not a member of the party the ticket of which he is voting, shall, at the
primary election to be held to nominate candidates for the same
office, vote at such primary election; shall in each instance be
guilty of a misdemeanor, and, on conviction thereof, shall be fined
not more than one thousand dollars, or be confined in the county
jail for not more than one year, or both, in the discretion of the
court.
ARTICLE 10. FILLING VACANCIES.
§3-10-6. Vacancy in office of circuit court clerk.
When a vacancy occurs in the office of clerk of the circuit
court, the circuit court by a majority vote of the judges, or the
chief judge thereof in vacation, shall fill the same by appointment
of a person of the same political party as the officeholder
vacating the office until the next general election, or until the
completion of the term if the term ends on the thirty-first day of
December following the next general election. The person so
appointed shall hold office until his or her successor is elected
and qualified. At the general election, a clerk shall be elected
for the unexpired term if the unexpired term is greater than one
year. The circuit court, or the chief judge thereof in vacation,
shall cause a notice of the election to 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. The
publication area for the publication shall be the county. If the
vacancy occurs no later than the eighty-fourth day before the primary election held to nominate candidates to be voted for at the
general election, at which any vacancy is to be filled, candidates
to fill the vacancy shall be nominated at the primary election in
accordance with the time requirements and the provisions and
procedures prescribed in section eleven, article five of this
chapter. If the vacancy occurs after the eighty-fourth day before
the primary but not later than the eighty-fourth day before the
general election, they shall be nominated by the county executive
committee in the manner provided in section nineteen, article five
of this chapter, as in the case of filling vacancies in
nominations, and the names of the persons, so nominated and
certified to the clerk of the county commission of the county,
shall be placed upon the ballot to be voted at the next general
election.