WEST VIRGINIA LEGISLATURE
2021 REGULAR SESSION
Enrolled Committee Substitute for Committee Substitute for Senate Bill 275
BY SENATORS BLAIR (MR. PRESIDENT) AND BALDWIN
(BY REQUEST OF THE EXECUTIVE)
[Passed April 1, 2021; in effect 90 days from passage (June 30, 2021)]
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1 AN ACT to amend and reenact §3-1-16 of the Code of West Virginia, 1931, as amended; to amend
2 and reenact §3-4A-11a of said code; to amend said code by adding thereto a new section,
3 designated, §3-5-6e; to amend and reenact §3-5-7 and §3-5-13 of said code; to amend
4 and reenact §3-10-3 and §3-10-3a of said code; to amend and reenact §6-5-1 of said
5 code; to amend said code by adding thereto a new section, designated §16-2D-16a; to
6 amend said code by adding thereto a new section, designated §23-1-1h; to amend and
7 reenact §23-5-1, §23-5-3, §23-5-4, §23-5-5, §23-5-6, §23-5-8, §23-5-9, §23-5-10, §23-5-
8 11, §23-5-12, §23-5-13, §23-5-15, and §23-5-16 of said code; to amend said code by
9 adding thereto 12 new sections, designated §23-5-1a, §23-5-3a, §23-5-5a, §23-5-6a, §23-
10 5-8a, §23-5-8b, §23-5-9a, §23-5-10a, §23-5-11a, §23-5-12a, §23-5-13a, and §23-5-16a;
11 to amend and reenact §29A-5-4 of said code; to amend and reenact §29A-6-1 of said
12 code; to amend said code by adding thereto a new section, designated §51-2A-24; to
13 amend and reenact §51-9-1a of said code; to amend said code by adding thereto a new
14 article, designated §51-11-1, §51-11-2, §51-11-3, §51-11-4, §51-11-5, §51-11-6, §51-11-
15 7, §51-11-8, §51-11-9, §51-11-10, §51-11-11, §51-11-12, and §51-11-13; and to amend
16 and reenact §58-5-1 of said code, all relating generally to creating an Intermediate Court
17 of Appeals; requiring the election of judges of the Intermediate Court of Appeals be on a
18 nonpartisan basis; requiring that elections to certain offices be on a division basis when
19 more than one judge of the Intermediate Court of Appeals is to be elected; providing for
20 the timing, day and frequency of election; providing for the commencement of terms of
21 office; establishing ballot design and printing; providing that election for Judge of the
22 Intermediate Court of Appeals is to be held on the same date as the primary election;
23 requiring nonpartisan ballots be used; establishing filing announcement of candidacies,
24 including the timing, location and information necessary thereto; providing for the order of
25 appearance of offices on the ballot; establishing ballot content; providing for the filling of
26 vacancies on the Intermediate Court of Appeals; defining terms; providing that the Judicial
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27 Vacancy Advisory Commission assist initial and subsequent vacancies on the
28 Intermediate Court of Appeals; clarifying meaning of quorum for Judicial Vacancy Advisory
29 Commission; transferring jurisdiction over appeals of decisions of the Health Care
30 Authority in certificate-of-need reviews from the Workers’ Compensation Office of
31 Administrative Law Judges and Circuit Court of Kanawha County to the Intermediate Court
32 of Appeals; establishing procedures and time frames for transfer or disposition of
33 unresolved appeals pending with the Office of Judges; transferring jurisdiction over all
34 workers’ compensation claims and transferring all powers and duties related thereto from
35 the Office of Judges to the Workers’ Compensation Board of Review by a date certain;
36 providing for additional two members to Workers’ Compensation Board of Review;
37 providing for modified procedure to appoint members to Workers’ Compensation Board of
38 Review; conferring appellate jurisdiction over Office of Judges decisions and Board of
39 Review decisions to the Intermediate Court of Appeals after a date certain; sunsetting
40 certain provisions relating to duties and procedures of the Office of Judges with respect to
41 workers’ compensation claims; modifying duties and procedures of Board of Review with
42 respect to workers’ compensation claims; terminating the Office of Judges by a date
43 certain; authorizing the Board of Review to employ hearing examiners and other
44 necessary personnel; establishing qualifications for hearing examiners hired by the Board
45 of Review; setting forth powers of the Board of Review relating to workers’ compensation
46 claims; providing for reports requested by the Insurance Commissioner to be made by the
47 chair of the Board of Review; providing for oversight and administrative authority of the
48 Insurance Commissioner over the Board of Review; authorizing the Board of Review to
49 promulgate procedural rules; granting due consideration and an interview to employees
50 of the Office of Judges who apply for positions with the Board of Review on or before a
51 date certain and directing the Board of Review that such consideration and interview prior
52 to considering any other applicant; authorizing the Board of Review to hire attorneys as
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53 hearing examiners; requiring that all orders and decisions of the Board of Review
54 pertaining to an objection be issued and signed by a single member of the Board of
55 Review, with certain exceptions; permitting the board of review member assigned to an
56 objection to delegate certain duties to a hearing examiner; establishing the administrative
57 powers and duties of the Board of Review; increasing the limit on the annual salary of a
58 Board of Review member; authorizing the Board of Review to promulgate rules of practice
59 and procedure, and establishing a process therefor; establishing duties of the chair of the
60 Board of Review; providing that the administrative expenses of the Board of Review shall
61 be included in annual budget of the Insurance Commissioner; providing that petitions for
62 review of final decisions of the Workers’ Compensation Board of Review must be made to
63 the Intermediate Court of Appeals; establishing certain procedures and other requirements
64 for appeals of Board of Review decisions made to the Intermediate Court of Appeals;
65 providing that the Supreme Court of Appeals has discretion to review final decisions of the
66 Intermediate Court of Appeals in workers’ compensation claims; requiring that appeal of
67 contested cases under the State Administrative Procedures Act be made to the
68 Intermediate Court of Appeals; transferring jurisdiction to review family court final orders
69 from circuit courts to the Intermediate Court of Appeals; creating an Intermediate Court of
70 Appeals in West Virginia to be established and operable by a date certain; providing a
71 short title; providing legislative findings; defining terms; establishing and defining an
72 Intermediate Court of Appeals of three judges; providing eligibility criteria for judges of the
73 Intermediate Court of Appeals; providing that judges of the Intermediate Court of Appeals
74 may not be candidates for any elected public office during the judicial term; providing for
75 the location of proceedings of the Intermediate Court of Appeals; providing for a Clerk of
76 the Intermediate Court of Appeals; authorizing jurisdiction of the Intermediate Court of
77 Appeals over certain matters; excluding certain matters from jurisdiction of the
78 Intermediate Court of Appeals; providing that parties to an appeal in the Intermediate
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79 Court of Appeals shall have an opportunity for a full and meaningful review on the record
80 of the lower tribunal and an opportunity to be heard; forbidding jurisdiction of the
81 Intermediate Court of Appeals over certain matters; establishing a procedure by which
82 parties to an appeal in the Intermediate Court of Appeals may file a motion for direct review
83 of an appeal by the Supreme Court of Appeals in certain extraordinary circumstances;
84 providing a process for initial appointment of judges to the Intermediate Court of Appeals
85 to fill vacancies in the Intermediate Court of Appeals upon its creation; providing for the
86 regular election of a judge of the Intermediate Court of Appeals upon the expiration of a
87 sitting judge’s term; establishing a procedures for the filling of vacancies in unexpired
88 judicial terms by appointment and, in certain circumstances, subsequent election;
89 providing that the Governor’s judicial appointments must be made from a list of candidates
90 submitted by the Judicial Vacancy Advisory Commission and are subject to advice and
91 consent of the Senate; providing that procedures and operations of the Intermediate Court
92 of Appeals shall comply with rules promulgated by the Supreme Court of Appeals;
93 requiring that appeals to the Intermediate Court of Appeals and related filings be filed with
94 the Clerk of the Supreme Court of Appeals; establishing certain requirements for the filing
95 of appeals to the Intermediate Court of Appeals; clarifying that an appeal bond may be
96 required before appeal to the Intermediate Court of Appeals may take effect; authorizing
97 filing fees; providing for deposit of filing fees in a special revenue account to fund the Ryan
98 Brown Addiction Prevention and Recovery Fund; granting the Intermediate Court of
99 Appeals discretion to require oral argument; recognizing the constitutional authority of the
100 Supreme Court of Appeals to exercise administrative authority over the Intermediate Court
101 of Appeals; providing that Intermediate Court of Appeals proceedings shall take place in
102 publicly available facilities as arranged by the Administrative Director of the Supreme
103 Court of Appeals; authorizing the Administrative Director of the Supreme Court of Appeals
104 to employ staff for Intermediate Court of Appeals operations; providing for a Chief Judge
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105 of the Intermediate Court of Appeals; providing that the budget for Intermediate Court of
106 Appeals operations shall be included in the appropriation for the Supreme Court of
107 Appeals; authorizing the Intermediate Court of Appeals to issue opinions as binding
108 precedent for lower courts; providing that the Intermediate Court of Appeals shall issue
109 written decisions as a matter of right; providing for discretionary review of Intermediate
110 Court of Appeals decisions by Supreme Court of Appeals; authorizing an annual salary,
111 retirement benefits, and reimbursement of expenses for judges of the Intermediate Court
112 of Appeals; providing for reimbursement of expenses of Intermediate Court of Appeals
113 staff; authorizing the Attorney General to appear as Counsel for the State before the
114 Intermediate Court of Appeals; providing for severability of any unconstitutional provisions;
115 clarifying when appeal lies before the Intermediate Court of Appeals and the Supreme
116 Court of Appeals; providing internal effective dates; removing obsolete language from the
117 code; and making technical corrections to the code.
Be it enacted by the Legislature of West Virginia:
CHAPTER 3. ELECTIONS.
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-16. Election of state officers.
1 (a) At the general election to be held in 1968, and every fourth year thereafter, there shall
2 be elected a Governor, Secretary of State, Treasurer, Auditor, Attorney General and
3 Commissioner of Agriculture. At the general election in 1968, and every second year thereafter,
4 there shall be elected a member of the State Senate for each senatorial district, and a member
5 or members of the House of Delegates of the state from each county or each delegate district.
6 (b) At the time of the primary election to be held in the year 2016, and every twelfth year
7 thereafter, there shall be elected one justice of the Supreme Court of Appeals, and at the time of
8 the primary election to be held in 2020, and every 12th year thereafter, two justices of the Supreme
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9 Court of Appeals and at the time of the primary election to be held in 2024, and every twelfth year
10 thereafter, two justices of the Supreme Court of Appeals. Effective with the primary election held
11 in the year 2016, the election of justices of the Supreme Court of Appeals shall be on a
12 nonpartisan basis and by division as set forth more fully in article five of this chapter.
13 (c) At the time of the primary election to be held in the year 2024, and every tenth year
14 thereafter, there shall be elected one judge to a seat of the Intermediate Court of Appeals; at the
15 time of the primary election to be held in 2026, and every 10th year thereafter, one judge to a seat
16 of the Intermediate Court of Appeals; and at the time of the primary election to be held in 2028,
17 and every 10th year thereafter, one judge to a seat of the Intermediate Court of Appeals. Effective
18 with the primary election held in the year 2024, the election of Judges of the Intermediate Court
19 of Appeals shall be on a nonpartisan basis and by division as set forth more fully in §3-5-1 et seq.
20 of this code.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-11a. Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers.
1 (a) The board of ballot commissioners in counties using ballots upon which votes may be
2 recorded by means of marking with electronically sensible ink or pencil and which marks are
3 tabulated electronically shall cause the ballots to be printed or displayed upon the screens of the
4 electronic voting system for use in elections.
5 (b) (1) For the primary election, the heading of the ballot, the type faces, the names and
6 arrangement of offices and the printing of names and arrangement of candidates within each
7 office are to conform as nearly as possible to §3-5-13 and §3-5-13a of this code.
8 (2) For the general election, the heading of the ballot, the type faces, the names and
9 arrangement of offices and the printing of names and the arrangement of candidates within each
10 office are to conform as nearly as possible to §3-6-2 of this code.
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11 (3) Effective with the primary election held in 2016 and thereafter, the following
12 nonpartisan elections are to be separated from the partisan ballot and separately headed in
13 display type with a title clearly identifying the purpose of the election and constituting a separate
14 ballot wherever a separate ballot is required under this chapter:
15 (A) Nonpartisan elections for judicial offices, by division, of:
16 (i) Justice of the Supreme Court of Appeals;
17 (ii) Judge of the Intermediate Court of Appeals;
18 (iii) Judge of the circuit court;
19 (iv) Family court judge; and
20 (v) Magistrate;
21 (B) Nonpartisan elections for Board of Education; and
22 (C) Any question to be voted upon.
23 (4) Beginning in the primary election to be held in the year 2020 and in each election
24 thereafter, the nonpartisan judicial elections described in subparagraphs (i) through (iv),
25 paragraph (A), subdivision (3), of this subsection shall appear immediately after the state ticket
26 and shall immediately precede the county ticket, in the same manner prescribed in §3-5-13a of
27 this code.
28 (5) Both the face and the reverse side of the ballot may contain the names of candidates
29 only if means to ensure the secrecy of the ballot are provided and lines for the signatures of the
30 poll clerks on the ballot are printed on a portion of the ballot which is deposited in the ballot box
31 and upon which marks do not interfere with the proper tabulation of the votes.
32 (6) The arrangement of candidates within each office is to be determined in the same
33 manner as for other electronic voting systems, as prescribed in this chapter. On the general
34 election ballot for all offices, and on the primary election ballot only for those offices to be filled by
35 election, except delegate to national convention, lines for entering write-in votes are to be
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36 provided below the names of candidates for each office, and the number of lines provided for any
37 office shall equal the number of persons to be elected, or three, whichever is fewer. The words
38 “WRITE-IN, IF ANY” are to be printed, where applicable, directly under each line for write-ins. The
39 lines are to be opposite a position to mark the vote.
40 (c) Except for electronic voting systems that utilize screens upon which votes may be
41 recorded by means of a stylus or by means of touch, the primary election ballots are to be printed
42 in the color of ink specified by the Secretary of State for the various political parties, and the
43 general election ballot is to be printed in black ink. For electronic voting systems that utilize
44 screens upon which votes may be recorded by means of a styl