Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                   Enrolled Senate Bill 159
 By Senators Weld, Boley, Chapman, Deeds, Oliverio,
  Phillips, Roberts, Rucker, Swope, Tarr, Woodrum,
        Hamilton, Trump, Stuart, Grady, and Jeffries [Passed March 9, 2024; in effect 90 days from passage]
     Enr SB 159
  AN ACT to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended; to amend
          and reenact §18-2-1 of said code; and to amend and reenact §18-5-1a of said code, all
          relating to prohibiting persons who have been convicted of certain crimes against minors
          from holding positions on boards of education; and requiring that a candidate for county
          board of education include a statement on the certificate of announcement that he or she
          swears and affirms that he or she has not been convicted of certain crimes against minors.
     Be it enacted by the Legislature of West Virginia:
                                      CHAPTER 3. ELECTIONS.
     ARTICLE        5.   PRIMARY         ELECTIONS           AND      NOMINATING           PROCEDURES.
     §3-5-7. Filing certificates of announcements of candidacies; requirements; withdrawal of
             candidates when section applicable.
          (a) 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 his or her candidacy for the nomination or election to
  the office.
          (b) The certificate of announcement shall be filed as follows:
          (1) Candidates for the House of Delegates, the State Senate, circuit judge, family court
  judge, and any other office or political position to be filled by the voters of more than one county
  shall file a certificate of announcement with the Secretary of State.
          (2) Candidates for an office or political position to be filled by the voters of a single county
 or a subdivision of a county, except for candidates for the House of Delegates, State Senate,
 circuit judge or family court judge, shall file a certificate of announcement with the clerk the county
 commission.
         (3) Candidates for an office to be filled by the voters of a municipality shall file a certificate
 of announcement with the recorder or city clerk.
                                                    1    1
     Enr SB 159
         (c) The certificate of announcement shall be filed with the proper officer not earlier than the
 second Monday in January before the primary election day and not later than the last Saturday in
 January before 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. This includes the offices of Justice of the Supreme Court of Appeals, Judge of the
 Intermediate Court of Appeals, circuit court judge, family court judge and magistrate, which are to
 be filled on a nonpartisan and division basis at the primary election: Provided, That on the final day
 of a political filing period, the office of the Secretary of State shall be open from 9:00 a.m. until
 11:59 p.m. The offices of the county clerk in all counties of the state shall be open on that final day
 of a political filing period from 9:00 a.m. until 12:00 p.m.
         (d) The certificate of announcement shall be on 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 administer 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 §3-5-13 of this code;
         (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 on the date the
 certificate of announcement is submitted and a statement that the candidate: (A) Is a member of
 and is affiliated with that political party as evidenced by the candidate’s current registration as a
 voter affiliated with that party; and (B) has not been registered as a voter affiliated with any other
                                                     1      2
     Enr SB 159
 political party for a period of 60 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) For candidates for county board of education, a statement that the candidate swears
 and affirms that he or she has not been convicted of an offense under §61-8A-1 et seq., §61-8B-1
 et seq., and §61-8C-1 et seq. of this code in which the victim was a minor;
        (9) A statement that the person filing the certificate of announcement is a candidate for the
 office in good faith; and
        (10) The words "subscribed and sworn to before me this ______ day of _____________,
 20____" and a space for the signature of the officer giving the oath.
        (e) The Secretary of State or the board of ballot commissioners, as the case may be, may
 refuse to certify the candidacy or may remove the certification of the candidacy upon receipt of a
 certified copy of the voter's registration record of the candidate showing that the candidate was
 registered as a voter in a party other than the one named in the certificate of announcement during
 the 60 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 are filed with the officer receiving that candidate's certificate of announcement no
 later than 10 days following the close of the filing period, the candidate may not be refused
 certification for this reason: Provided, however, That prior to accepting a Certificate of
 Announcement for filing for an office which is elected in a partisan election, the Secretary of
 State’s Office, clerk of the county commission, recorder or city clerk shall electronically verify a
 candidate’s current party affiliation as subscribed and sworn to by the candidate. If a candidate’s
 current party affiliation is not as stated on the Certificate of Announcement, the filing shall be
 refused.
        (f) The certificate of announcement shall be subscribed and sworn to by the candidate
                                                   1   3
     Enr SB 159
 before an 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 in accordance with §3-9-3 of this code.
        (g) 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.
        (h) A person may not 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 political party executive committees or for delegate to a political
 party national convention: Provided, however, That an unsuccessful candidate for a nonpartisan
 office in an election held concurrently with the primary election may be appointed under the
 provisions of §3-5-19 of this code to fill a vacancy on the general ballot.
        (i) A candidate who files a certificate of announcement for more than one office or division
 and does not withdraw, as provided by §3-5-11 of this code, from all but one office prior to the close
 of the filing period may not be certified by the Secretary of State or placed on the ballot for any
 office by the board of ballot commissioners.
        (j) The amendments to this section enacted by the Legislature in the 2024 Regular Session
 are effective January                      1,                2025.
                                                  1    4
     Enr SB 159
                                    CHAPTER 18. EDUCATION.
     ARTICLE 2. STATE BOARD OF EDUCATION.
     §18-2-1. CREATION; COMPOSITION; APPOINTMENT, QUALIFICATIONS, TERMS,
            AND              REMOVAL                  OF            MEMBERS;                  OFFICES.
         There is a State Board of Education, to be known as the West Virginia Board of Education,
  which is a corporation and as such may contract and be contracted with, plead and be impleaded,
  sue and be sued, and have and use a common seal. The state board consists of 12 members, of
  whom one is the state Superintendent of Schools, ex officio; one of whom is the Chancellor of the
  Higher Education Policy Commission, ex officio; and one of whom is the Chancellor of the West
  Virginia Council for Community and Technical College Education, ex officio, none of whom is
  entitled to vote. The other nine members are citizens of the state, appointed by the Governor, with
  the advice and consent of the Senate, for overlapping terms of nine years. Terms of office begin on
  November 5 of the appropriate year and end on November 4 of the appropriate year. Not more
 than five members are appointed from any one congressional district.
        No more than five of the appointive members may belong to the same political party and no
 person is eligible for appointment to membership on the state board who is a member of any
 political party executive committee or holds any other public office or public employment under the
 federal government or under the government of this state or any of its political subdivisions, or who
 is an appointee or employee of the board. Members are eligible for reappointment. Any vacancy
 on the board shall be filled by the Governor by appointment for the unexpired term.
        Notwithstanding the provisions of §6-6-4 of this code, a member of the state board may not
 be removed from office by the Governor except for official misconduct, incompetence, neglect of
 duty, or gross immorality and then only in the manner prescribed by law for the removal by the
 Governor of state elective officers.
        Before exercising any authority or performing any duties as a member of the state board,
                                                  1   5
     Enr SB 159
 each member shall qualify as such by taking and subscribing to the oath of office prescribed by
 section five, article IV of the Constitution of West Virginia, the certificate whereof shall be filed with
 the Secretary of State. A suitable office in the state Department of Education at the State Capitol
 shall be provided for use by the state board.
         Notwithstanding the provisions of §6-5-5 of this code, no person who has been convicted
 of an offense under the provisions of §61-8A-1 et seq., §61-8B-1 et seq., §61-8C-1 et seq., and
 §61-8D-1 et seq. of this code in which the victim is a minor may hold office as a member of the
 state board.
     ARTICLE              5.           COUNTY                BOARD              OF            EDUCATION.
     §18-5-1A. ELIGIBILITY OF MEMBERS; TRAINING REQUIREMENTS.
          (a) A person who is a member of a county board:
          (1) Shall be a citizen and resident in the county in which he or she serves on the county
  board. Also, a person who is a candidate for membership on a county board or who is a member-
  elect of a county board shall be a citizen and resident in the county in which he or she seeks to
  serve on the county board;
          (2) May not be employed by the county board on which he or she serves, including
  employment as a teacher or service person;
          (3) May not engage in the following political activities:
          (A) Become a candidate for or hold any other public office, other than to succeed him or
 herself as a member of a county board subject to the following:
         (i) A candidate for a county board, who is not currently serving on a county board, may hold
 another public office while a candidate if he or she resigns from the other public office prior to
 taking the oath of office as a county board member.
         (ii) The term "public office" as used in this section does not include service on any other
 board, elected or appointed, profit or nonprofit, under the following conditions:
                                                    1    6
     Enr SB 159
        (I) The person does not receive compensation; and
        (II) The primary scope of the board is not related to public schools.
        (B) Become a candidate for, or serve as, an elected member of any political party executive
 committee;
        (C) Become a candidate for, or serve as, a delegate, alternate or proxy to a national
 political party convention;
        (D) Solicit or receive political contributions to support the election of, or to retire the
 campaign debt of, any candidate for partisan office;
        (4) May engage in any or all of the following political activities:
        (A) Make campaign contributions to partisan or bipartisan candidates;
        (B) Attend political fund raisers for partisan or bipartisan candidates;
        (C) Serve as an unpaid volunteer on a partisan campaign;
        (D) Politically endorse any candidate in a partisan or bipartisan election; or
        (E) Attend a county, state, or national political party convention.
        (b) A member or member-elect of a county board, or a person desiring to become a
 member of a county board, may make a written request to the West Virginia Ethics Commission for
 an advisory opinion to determine if another elected or appointed position held or sought by the
 person is an office or public office which would bar service on a county board pursuant to
 subsection (a) of this section.
        (1) Within 30 days of receipt of the request, the Ethics Commission shall issue a written
 advisory opinion in response to the request and shall publish the opinion in a manner which, to the
 fullest extent possible, does not reveal the identity of the person making the request.
        (2) A county board member who relies in good faith upon an advisory opinion issued by the
 West Virginia Ethics Commission to the effect that holding a particular office or public office is not a
 bar from membership on a county board and against whom proceedings are subsequently brought
 for removal from the county board on the basis of holding that office or offices, is entitled to
                                                   1    7
     Enr SB 159
 reimbursement by the county board for reasonable attorney's fees and court costs incurred by the
 member in defending against these proceedings, regardless of the outcome of the proceedings.
        (3) A vote cast by the member at a meeting of the county board may not be invalidated due
 to a subsequent finding that holding the particular office or public office is a bar to membership on
 the county board.
        (4) Good faith reliance on a written advisory opinion of the West Virginia Ethics
 Commission that a particular office or public office is not a bar to membership on a county board is
 an absolute defense to any civil suit or criminal prosecution arising from any proper action taken
 within the scope of membership on the county board, becoming a member-elect of the county
 board or seeking election to the county board.
        (c) To be eligible for election or appointment as a member of a county board, a person shall
 possess at least a high school diploma or a general educational development (GED) diploma. This
 provision does not apply to members or members-elect who have taken office prior to May 5,
 1992, and who serve continuously from that date forward.
        (d) A person elected to a county board after July 1, 1990, may not assume the duties of
 county board member unless he or she has first attended and completed a course of orientation
 relating to boardsmanship and governance effectiveness which shall be given between the date of
 election and the beginning of the member's term of office under the following conditions:
        (1) A portion or portions of subsequent training such as that offered in orientation may be
 provided to members after they have commenced their term of office;
        (2) Attendance at the session of orientation given between the date of election and the
 beginning of the member's term of off