This bill amends the Code of West Virginia to allow nonresidents to vote in municipal elections under certain conditions. It introduces a new section, 3-1-3b, which outlines eligibility criteria for nonresident voting, including requirements such as residing in the same county as the municipality, paying specific fees, or owning property or a business within the municipality. Nonresidents will only be permitted to vote for at-large municipal positions and city-wide questions, and they must verify their qualifications with the county clerk prior to voting. The bill reinforces the "one person, one vote" principle and prohibits nonresidents from participating in ward-specific elections. It also establishes provisions for proper registration and availability of voting materials for nonresident voters, while allowing the Secretary of State to create rules governing this process.

Additionally, the bill seeks to establish a permanent Municipal Home Rule Program in West Virginia, building on a previous pilot program. It outlines the structure and responsibilities of the Municipal Home Rule Board, which will consist of five voting members, including the Governor or a designee. Municipalities can apply for participation in the program if they are current on state fees and must conduct public hearings and submit detailed plans for review. The bill also allows citizens who pay service or user fees, own property, or operate a business within a municipality to vote in that municipality's elections, even if they do not reside there. It includes restrictions on the types of ordinances municipalities can enact to ensure compliance with state and federal laws, particularly regarding taxation and public safety, while emphasizing the need for municipalities to update their regulations in line with the Municipal Home Rule Program.

Statutes affected:
Introduced Version: 3-1-3, 3-9-17, 8-1-2, 8-1-5a, 3-1-3b