Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
              Introduced Senate Bill 349
              By Senator Stuart [Introduced January 12, 2024; referred to the Committee on the Judiciary]
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  A BILL to amend and reenact §3-5-7 and §3-5-19 of the Code of West Virginia, 1931, as amended,
         all relating generally to election reforms; clarifying contents of certificate of announcement;
         clarifying timing of challenge to candidate qualifications; and limiting the authority of
         political parties to fill vacancies in nomination caused by voluntary withdrawal.
     Be it enacted by the Legislature of West Virginia:
     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
  be registered to vote and 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 of 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.
        (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
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 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 that the candidate is legally qualified to seek and hold the office
 sought. The certificate of announcement shall containing contain 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 current resident and
 legally qualified registered 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: (A) Is a member of and 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 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;
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 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 and meets all constitutional and statutory qualifications to seek and hold the
 office sought;
        (9) An exhaustive list of the constitutional and statutory qualifications for all statewide,
 legislative, and county offices; and
        (9) (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 any eligibility challenge brought against a
 candidate based on constitutional and statutory qualifications to seek and hold the office sought
 shall be brought no later than the deadline to withdraw as a candidate pursuant to §3-5-11 of this
 code, or otherwise shall be brought after an election pursuant to the procedures set forth in §3-5-
 20 or §3-7-1 et seq. of this code relating to primary and general election contests.
        (f) 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 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
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 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 section nineteen of this article 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.
     §3-5-19.              Vacancies in       nominations;          how filled;     fees.
         (a) If any vacancy occurs 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 §3-1-9 of this code 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
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  not later than two days following the deadline for the executive committee: Provided however, That
 for a delegate district or senatorial district situated entirely within a single county, the county
 executive committee, or its chairperson if the committee fails to act, may fill the vacancy and certify
 the candidate named to the appropriate filing officer.
         (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 announcement is
 regularly filed for that office.
         (3) If a vacancy in nomination will be 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 not be appointed
 by the executive committee and certified to the proper filing officer no later than 30 days after the
 last day to file a certificate of announcement pursuant to section seven of this article: Provided,
 That in no case shall any such vacancy be filled after the date of the primary election except as
 otherwise provided by subdivision (6) of this subsection.
         (4) If a vacancy in nomination is caused by the disqualification of a candidate and the
 vacancy occurs not later than 84 days before the general election, a nominee may be appointed by
 the executive committee and certified to the proper filing officer not later than 78 days before the
 general election. A candidate may be determined disqualified 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 84 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
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 circumstances warrant the disqualification 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 78 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 84 days before the general election, a nominee may be appointed by
 the executive committee and certified to the proper filing officer no later than 78 days before the
 general election.
        (6) If a vacancy in nomination is caused by the timely filing of a notarized statement of
 withdrawal due to no longer satisfying one or more eligibility requirements for the office sought,
 according to section eleven of this article, of a candidate whose name would otherwise appear on
 the general election ballot, a replacement on the general election ballot may be appointed by the
 executive committee and certified to the proper filing officer no later than 78 days before the
 general election: Provided, That a vacancy in nomination created by timely withdrawal that is
 without cause as provided by this subdivision shall not be filed.
        (7) If a vacancy in nomination is caused by the death of the candidate occurring no later
 than 25 days before the general election, a nominee may be appointed by the executive
 committee and certified to the proper filing officer no later than 21 days following the date of death
 or no later than 22 days before the general election, whichever date occurs first.
        (b) Except as otherwise provided in §3-10-1 et seq. of this code, 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 84 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 78 days before the
 general election. Appointments shall be filed in the same manner as provided in subsection (a) of
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 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 84 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 77 days before the general
 election.
        (d) The amendments to this section enacted by the Legislature during the 2022 Regular
 Session shall be retrospective to January 30, 2022.
            NOTE: The purpose of this bill is to provide for election reforms. The bill clarifies contents of
            a certificate of announcement. The bill clarifies the timing of a challenge to candidate qualifications. Finally, the bill limits the authority of political parties to fill vacancies in a nomination caused by voluntary withdrawal.
            Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected: 
Introduced Version: 3-5-7, 3-5-19