SB 1014 — Clarifying procedure for political party nomination of presidential electors

WEST VIRGINIA LEGISLATURE FIRST EXTRAORDINARY SESSION IntroducedEnrolled Senate Bill 1014 ByBY SenatorsSENATORS BlairBLAIR(MR. (Mr.

President)RESIDENT)ANDW andOELFEL Woelfel(BYREQUEST [ByOF RequestTHEEXECUTIVE) Of[Passed The Executive] [Introduced May 19,20, 2024]2024; Intr SB 1014 202414026S 202414027H A BILL to amend and reenact §3-5-21 of the Code of West Virginia, 1931, as amended, relating to political party nomination of presidential electors.

in effect from passage] Enr SB 1014 AN ACT to amend and reenact §3-5-21 of the Code of West Virginia, 1931, as amended, relating to political party nomination of presidential electors.

If party rules do not provide procedures to nominate presidential electors, then Candidates candidates for presidential electors shall be nominated by the delegated representatives of the political party assembled in a state convention to be held during the months of June, JulyJuly, or August next preceding any general election at which presidential electors are to be elected.

At least sixty60 days prior to the date fixed for holding any state convention, the chairman of the party's state executive committee shall cause to be delivered to the party's county executive committee in each county of the state a copy of thetheresolutions resolutions fixing the time and place for holding the state convention and prescribing the number of delegates from each county to the convention.

Within ten10 days after receipt of the copy of the resolutions, the party executive committee of each county shall meet and, by resolution, shall apportion the delegates to the state convention among the several magisterial districts of the county, on a basis of the vote received in the county by the candidate of the party for Governor at the last preceding general election at which a Governor wasEnr Intr SB 1014 202414026Swas 202414027H elected, but in such apportionment of county delegates each magisterial district shall be entitled to at least one delegate to the state convention.

The party's county executive committee shall call a meeting of the members of the political party in mass convention in the county, which meeting shall be held at least thirty30 days prior to the date fixed for the state convention and at which meeting the members of the political party in each magisterial district shall elect the number of delegates to which the district is entitled in the state convention.

Notice of the time and place of holding the county mass convention and of the person who shall act as temporary chairman thereof shall be given by publication as a Class II-OII-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.

The first publication shall be made not more than fifteen15 days and the second publication shall be made not less than five days prior to the date fixed for holding the convention.

If, after the election, a vacancy exists for a delegate from any magisterial district, the party's county executive committee, within ten10 days after the mass convention, shall appoint a member of the political party in the magisterial district to fill the vacancy, and shall certify the appointment to the chairman of the state executive committee of the political party.

Enr SB 1014 All contests over the selection of delegates to conventions shall be heard and determined Intr SB 1014 202414026S 202414027H by the party executive committee of the county from which the delegates are chosen, and the county executive committee shall, upon written petition of any contest, meet for a hearing and make a determination within ten10 days after the holding of a county mass convention.

All nominations made at state conventions shall be certified within fifteen15 days thereafter, by the chairman and the secretary of the convention, to the Secretary of State, who shall certify them to the clerk of the circuit court of each county concerned, and the names of the persons so nominated shall be printed upon the regular ballot to be voted at the ensuing general election, except that the names of the presidential elector candidates shall not be printed thereon.

NOTE:Enr SB 1014 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

The............................................................... purpose of this bill is to clarify political party procedure and authority to nominate presidential electors.

Strike-throughsClerk indicateof language that would be stricken from a heading or the presentSenate law............................................................... and underscoring indicates new language that would be added.

Clerk of the House of Delegates Originated in the Senate.

In effect from passage.

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President of the Senate ...............................................................

Speaker of the House of Delegates __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2024.

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