HB 3305 — Changing the limit on switching parties before filing to run for office from 60 days to 180 days prior to an election.

HB3305WEST HFAVIRGINIA HolsteinLEGISLATURE 3-27REGULAR #1CastoSESSION 3264 DelegateENGROSSED HolsteinHouse movedBill to3305 amendBy theDelegates billHolstein, onChiarelli, pageKump, 2, section 7, line 38, by striking subdivision (6) in its entirety and insertingFunkhouser in[Introduced lieuMarch thereof11, the2025; following: “(6) For partisan elections, the name of the candidate’s political party, if any, on the date the certificate of announcement is submitted 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, if any;

and(B)referred hasto notthe beenCommittee registeredon asthe aJudiciary] voterEng affiliatedHB with3305 anyA otherBILL politicalto party,amend orand independentreenact §3-5-7 of anythe politicalCode party,of forWest aVirginia, period1931, ofas 60amended, 180relating daysto beforeelections theand datecertificate of filingannouncements; the announcement;”   AdoptedRejected

and changing the time limit on switching parties before filing to run office prior to an election.

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 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 hour.

This includes the offices of Justice of the Supreme Court of Appeals, Judge of the Eng HB 3305 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 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 60 180 days before the date of filing the announcement;

(6) For partisan elections, the name of the candidate’s political party, if any, on the date the certificate of announcement is submitted 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, if any;

and Eng HB 3305 (B) has not been registered as a voter affiliated with any other political party, or independent of any political party, for a period of 60 180 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) A statement that the person filing the certificate of announcement is a candidate for the office in good faith;

(9) 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 60 180 days immediately preceding the filing of the certificate: