SB 565 — Relating generally to elections

(a) At the general election to be held in 1968, and every fourth year thereafter, there shall be elected a Governor, Secretary of State, Treasurer, Auditor, Attorney General and Commissioner of Agriculture.

At the general election in 1968, and every second year thereafter, there shall be elected a member of the State Senate for each senatorial district, and a member or members of the House of Delegates of the state from each county or each delegate district.

(b) At the time of the primary election to be held in the year 2016, and every 12th year thereafter, there shall be elected one justice of the Supreme Court of Appeals, and at the time of the primary election to be held in 2020, and every 12th year thereafter, two justices of the Supreme Court of Appeals and at the time of the primary election to be held in 2024, and every 12th year thereafter, two justices of the Supreme Court of Appeals.

Effective with the primary election held in the year 2016, the election of justices of the Supreme Court of Appeals shall be on a nonpartisan basis and by division as set forth more fully in §3-5-1 et seq.

of this code.

(c) Beginning with the nonpartisan judicial election held in 2022, and in every primary election year thereafter, if no candidate in a division for justice of the Supreme Court of Appeals receives more than 50 percent of the votes cast in the election for that office held concurrently with the primary election, a runoff election for that division shall be conducted concurrently with the general election.

The ballot for the runoff election shall include a provision for selection only between those two candidates who received the highest and second highest number of ballots cast in that applicable division for justice of the Supreme Court of Appeals in the election for that office held concurrently with the primary election.

§3-1-17.

Election of circuit judges;

county and district officers;

magistrates.

(a) There shall be elected, at the time of the primary election to be held in 2016, and every eighth year thereafter, one judge of the circuit court of every judicial circuit entitled to one judge, and one judge for each numbered division of the judicial circuit in those judicial circuits entitled to two or more circuit judges;

and at the time of the primary election to be held in 2016, and in every fourth year thereafter, the number of magistrates prescribed by law for the county.

Beginning with the election held in the year 2016, an election for the purpose of electing judges of the circuit court, or an election for the purpose of electing magistrates, shall be upon a nonpartisan ballot printed for the purpose.

(b) There shall be elected, at the general election to be held in 1992, and every fourth year thereafter, a sheriff, prosecuting attorney, surveyor of lands, and the number of assessors prescribed by law for the county;

and at the general election to be held in 1990, and every second year thereafter, a commissioner of the county commission for each county;

and at the general election to be held in 1992, and every sixth year thereafter, a clerk of the county commission and a clerk of the circuit court for each county.

(c) Effective with the primary election of 2016, all elections for judge of the circuit courts in the respective circuits and magistrates in each county will be elected on a nonpartisan basis and by division as set forth more fully in article five of this chapter.

(d) Beginning with the nonpartisan judicial election held in 2022, and in every primary election year thereafter, if no candidate in a division for judge of a circuit court or magistrate court receives more than 50 percent of the votes cast in the election for that office held concurrently with the primary election, a runoff election for that division shall be conducted concurrently with the general election. The ballot for the runoff election shall include a provision for ion only between those two candidates who received the highest and second highest number of ballots cast in that applicable division for judge of the circuit court or magistrate court in the election for that office held concurrently with the primary election.

Notwithstanding any other provision of law,this code, the Secretary of State, county commissions, clerks of county commissions, municipal governing bodies, and all other public officials and bodies responsible for overseeing, administering, or regulating an election held within the State of West Virginia may not receive, accept, or expend gifts, donations, or funding from private individuals, corporations, partnerships, trusts, or any third party not provided through ordinary state or county appropriations without prior written approval by the State Election Commission.

(1) The application contains the information required by §3-2-5 (c) of this code.code.  Incomplete applications for registration containing information which are submitted within the required time may be corrected within four business days after the close of registration if the applicant provides the required information;

 Incomplete applications for registration containing information which are submitted within the required time may be corrected within four business days after the close of registration if the applicant provides the required information;

(C) If accepted through a registration outreach program, the application is received by the clerk, deputy clerkclerk, or registrar no later than the close of registration;

and (3) The verification notice required by the provisions of §3-2-16 of this code mailed to the voter at the residence indicated on the application is not returned as undeliverable.

(11) Whether the applicant affirmatively agreed or declined agreed to become registered to vote during the transaction with the Division of Motor Vehicles;Vehicles, by presenting questions, in substantively the following form, under the heading “Optional Questions”:

“[  ] Check this box if you are currently registered to vote in West Virginia and want to update your voter information.” “[  ] Check this box if you are currently registered to vote in another state and want to transfer your voter information.” “[  ] Check this box if you are currently not registered to vote in West Virginia and want to register to vote in West Virginia.” Provided, That the Secretary of State is authorized by legislative rule to revise the questions as may be necessary to conform to federal law;

(b) Unless the applicant affirmatively declines to become registered to vote or update their voter registration during the transaction with the Division of Motor Vehicles, If an applicant answered any of the Theoptional questions presented pursuant to subdivision (11), subsection (a) of this section in the affirmative by checking the corresponding box, the Division of Motor Vehicles shall release all of the information obtained pursuant to subsection (a) of this section for such applicant to the Secretary of State, who shall forward the information to the county clerk for the relevant county to process the newly registered voter or updated information for the already-registered voter pursuant to law.

(B) The publication of an obituary or other writing clearly identifying the deceased person by name, residenceresidence, and age corresponding to the voter record;

(2) Upon receipt of an official notice from a state or federal court that the person has beenbeen: excused from jury duty based on non West Virginia legal residence or citizenship, death, or convicted of a felony, of treason or bribery in an election;

(3)(A) UponHas receiptbeen ofexcused afrom noticejury fromduty thebased appropriateon courtthe ofperson’s competentlegal jurisdictionresidence or licensedcitizenship medicalin professional of a determinationjurisdiction ofthat ais voter’snot mentalWest incompetenceVirginia; to make independent decisions on material matters;

(B) Is deceased;

or (C) Has been convicted of a felony, of treason, or bribery in an election;

(3) Upon receipt of a notice from the appropriate court of competent jurisdiction of a determination of a voter’s mental incompetence;

(c) The Secretary of State may provide for the comparison of data records of counties with the data records of the Division of Motor Vehicles, the registrar of vital statisticsstatistics, and with the data records of any other state agency which maintains records of residents of the state, if the procedure is practical and the agency agrees to participate.

(d) The records of all voters not identified pursuant to the procedures set forth in subsections (b) and (c) of this section shall be combined for comparison with United States Postal Service change of address information, as described in section 8(c)(A) of the National Voter Registration Act of 1993 (42 U.U.S.C.

S.§1973gg, et seq.).

C.§1973gg, et seq.).

(2) The clerk of the county commission shall then mail to each voter who appears to have moved from the residence address shown on the registration records a confirmation notice pursuant to section§3-2-26 twenty-six of this articlecode and of section 8(d)(2) of the National Voter Registration Act of 1993 (42 U.U.S.C.

S.§1973gg, et seq.).

C.§1973gg, et seq.).

(h) For purposes of complying with the recordrecordkeeping keeping and public inspection requirements of the National Voter Registration Act of 1993 (42 U.U.S.C.

S.§1973gg, et seq.), and with the provisions of §3-2-27 of this code, the public inspection lists shall be maintained either in printed form kept in a binder prepared for such purpose and available for public inspection during regular business hours at the office of the clerk of the county commission or in read-only data format available for public inspection on computer terminals set aside and available for regular use by the general public.

C.§1973gg, et seq.), and with the provisions of §3-2-27, the public inspection lists shall be maintained either in printed form kept in a binder prepared for such purpose and available for public inspection during regular business hours at the office of the clerk of the county commission or in read-only data format available for public inspection on computer terminals set aside and available for regular use by the general public.

(j) In addition to the preceding purging procedures, all counties using the change of address information of the United States Postal Service shall also, once each four two years during the period established for systematic purging in the year following a presidential election year,year each odd-numbered year following a federal election, conduct the same procedure by mailing a confirmation notice to those persons not identified as potentially ineligible through the change of address comparison procedure but who have not updated their voter registration records and have not voted in any election during the preceding four two calendar years.

§1973, et seq., the Uniformed and Overseas Citizens Absentee Voting Act of 1986, including members of the uniformed services on active duty, members of the merchant marine, spouses and dependents of those members on active duty, and persons who reside outside the United States and are qualified to vote in the last place in which the person was domiciled before leaving the United States.States.;

Provided, That the voter may have assistance in voting according to the provisions of section§3-4-4 four of this article.code.

Provided, thatThat voters confined as provided in §3-3-1(d) of this code may not be provided the option to vote an electronic absentee ballot if the voter is not confined after the deadline to submit an absentee-by-mail application.

(o) The effectivechanges datemade ofto allthis changessection made during the 2021regular Regularsession Legislative Session shall be January 1, 2022, and all previous provisions of law in effect prior to the passageLegislature, amendments2021, during the 2021 Regular Legislative Session shall be followedeffective untilJanuary the1, changes2022. are in effect.

The emergency absentee ballot application is to be prescribed by the Secretary of State and is to include the name, residence address and political party affiliation of the voter, the date, locationlocation, and reason for confinement in the case of an emergency, and the name of the attending physician.

(k) The changes made to this section during the 2021regular Regularsession Legislativeof Sessionthe Legislature, 2021, shall be effective January 1, 2022.

ARTICLE 6.

CONDUCT AND ADMINISTRATION OF ELECTIONS.

§3-6-9.

Canvass of returns;

declaration of results;

recounts;

recordkeeping.

(a) The commissioners of the county commission shall be ex officio a board of canvassers and, as such, shall keep in a well-bound book, marked “election record”, a complete record of all their proceedings in ascertaining and declaring the results of every election in their respective counties.

(1) They shall convene as the canvassing board at the courthouse on the fifth day (Sundays excepted) after every election held in their county, or in any district of the county, and the officers in whose custody the ballots, pollbooks, registration records, tally sheets, and certificates have been placed shall lay them before the board for examination.

(2) They may, if considered necessary, require the attendance of any of the commissioners, poll clerks or other persons present at the election to appear and testify respecting the election and make other orders as shall seem proper to procure correct returns and ascertain the true results of the election in their county;

but in this case all the questions to the witnesses and all the answers to the questions and evidence shall be taken down in writing and filed and preserved.

All orders made shall be entered upon the record.

(3) They may adjourn, from time to time, but no longer than absolutely necessary.

(4) When a majority of the commissioners are not present, the meeting shall stand adjourned until the next day and so from day to day, until a quorum is present.

(5) All meetings of the commissioners sitting as a board of canvassers shall be open to the public.

(6) The board shall proceed to open each sealed package of ballots laid before them and, without unfolding them, count the number in each package and enter the number upon their record.

(7) The ballots shall then be again sealed carefully in a new envelope and each member of the board shall write his or her name across the place where the envelope is sealed.

(8) After canvassing the returns of the election, the board shall publicly declare the results of the election.

(A) For a candidate on the ballot in entirely one county, the board shall not enter an order certifying the election results for a period of 48 hours after the declaration.

At the end of the 48-hour period, an order shall be entered certifying all election results except for those offices in which a recount has been demanded.

(B) For a candidate on the ballot in more than one county, the board may not enter an order certifying the election results for a period of 48 hours after the final county's board has publicly declared the results of the election.

In such case, each relevant board shall notify the Secretary of State immediately following each relevant board's public declaration of results and shall transmit electronically, on a form prescribed by the Secretary of State, the total ballots cast, counted, and rejected.

For offices on the ballot in more than one county, the Secretary of State shall notify the board of each relevant county when the final county has made a public declaration of the results of the election.

At the end of the 48-hour period in this section, an order shall be entered by each relevant county certifying all election results except for those offices in which a recount has been demanded.

(b) Within the 48-hour period, a candidate on the ballot in entirely one county may demand the board to open and examine any of the sealed packages of ballots and recount them.

(c) If a candidate is on the ballot in more than one county, then within the 48-hour period after the final county's board has made a public declaration of the results, such candidate may demand the board to open and examine any of the sealed packages of ballots and recount them.

(d) After any recount pursuant to either subsection (b) or (c) of this section the board shall seal the ballots again, along with the envelope above named, and the clerk of the county commission and each member of the board shall write his or her name across the places where it is sealed and endorse in ink, on the outside:

"Ballots of the election held at precinct No.____, in the district of _______________, and county of ____________, on the _____day of ______." (e) In computing the 48-hour period as used in this section, Saturdays, Sundays, and legal holidays shall be excluded.

A candidate on the ballot in more than one county shall not be precluded from demanding a recount in any county in which the candidate is on the ballot until the final county in which the candidate is on the ballot has certified the election results.

(f) If a recount has been demanded, the board shall have 48 hours in which to send notice to all candidates who filed for the office in which a recount has been demanded of the date, time, and place where the board will convene to commence the recount.

The notice shall be served under the provisions of subsection (g) of this section.

The recount shall be set for no sooner than three days after the serving of the notice:

Provided, That after the notice is served, candidates so served shall have an additional 24 hours in which to notify the board, in writing, of their intention to preserve their right to demand a recount of precincts not requested to be recounted by the candidate originally requesting a recount of ballots cast:

Provided, however, That there shall be only one recount of each precinct, regardless of the number of requests for a recount of any precinct.

A demand for the recount of ballots cast at any precinct may be made during the recount proceedings only by the candidate originally requesting the recount and those candidates who notify the board, pursuant to this subsection, of their intention to preserve their right to demand a recount of additional precincts.

(g) Any sheriff of the county in which the recount is to occur shall deliver a copy thereof in writing to the candidate in person;

or if the candidate is not found, by delivering the copy at the usual place of abode of the candidate and giving information of its purport, to the spouse of the candidate or any other person found there who is a member of his or her family and above the age of sixteen years;

or if neither the spouse of the candidate nor any other person be found there and the candidate is not found, by leaving the copy posted at the front door of the place of abode.

Any sheriff, thereto required, shall serve a notice within his or her county and make return of the manner and time of service;

for a failure so to do, he or she shall forfeit $20.

The return shall be evidence of the manner and time of service.

(h) Every candidate who demands a recount shall be required to furnish bond in a reasonable amount with good sufficient surety to guarantee payment of the costs and the expenses of the recount in the event the result of the election is not changed by the recount;

but the amount of the bond shall in no case exceed $300.

(i) After the board of canvassers has made their certificates and declared the results as hereinafter provided, they shall deposit the sealed packages of ballots, absent voter ballots, registration records, pollbooks, tally sheets, and precinct certificates with the clerk of the county commission from whom they were received, who shall carefully preserve them for 22 months:

Provided, That the clerk may use these records to update the voter registration records in accordance with §3-2-18(d) of this code.

If there is no contest pending as to any election and their further preservation is not required by any order of a court, the ballots, pollbooks, tally sheets, and certificates shall be destroyed by fire or otherwise, without opening the sealed packages of ballots.

If there is a contest pending, they shall be destroyed as soon as the contest is ended.

(j) If the result of the election is not changed by the recount, the costs and expenses of the recount shall be paid by the party at whose instance the recount was made.

CONTESTED ELECTIONSELECTIONS. §3-7-6.

§3-7-3.

Contests before special court;

procedure;

enforcement.

Where the election of Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, or of a judge a justice of the Supreme Court of Appeals, a judge of the Intermediate Court of Appeals, or a judge of a circuit court, or a judge of a family court is contested, the case shall be heard and decided by a special court constituted as follows:

The contestee shall select one, the contestant another, and the Governor a third person, who shall preside in said court;

and the three, or any two of them, shall meet at a time and place within the state to be appointed by the Governor, and, being first duly sworn impartially to decide according to law and the truth upon the petition, returns and evidence to be submitted to them, shall proceed to hear and determine the case and certify their decision thereon to the Governor.

They shall be entitled to $10 a day each, and the same mileage as members of the Legislature, to be paid out of the treasury of the state, and such special court is hereby given authority to employ a stenographer at a reasonable compensation, to be also paid out of the treasury of the state.

In all hearings or proceedings before such special court, the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing by such special court, or any member thereof;

and in case of disobedience to a subpoena or other process of such special court, or any member thereof, such special court, or any member thereof, or either of the parties to such contest, may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses and the production of papers, books and documents.

And such circuit court, in case of a refusal to obey the subpoena issued to any person, shall issue an order requiring such person to appear before such special court and produce all books and papers, if so ordered, and give evidence touching the matter in question.

Any failure to obey such order of the circuit court may be punished by such court as a contempt thereof.

A written record shall be kept of all testimony and other proceedings before such special court.

Either party to such contest feeling aggrieved by the final decision of such special court may present his or her petition in writing to the Supreme Court of Appeals, or a judge thereof in vacation, within days after such final decision is certified to the Governor, as hereinbefore provided, praying for the suspension, setting aside, or vacation of such final decision.

The applicant shall deliver, or cause to be delivered, a copy of such petition to the other party to such contest, or, in case of his or her absence from the state or from his or her usual place of abode, he the applicant shall mail, or cause to be mailed a copy of such petition addressed to his or her last known post-office address, before presenting the same to the court, or the judge.

The court, or the judge, shall fix a time for the hearing on the application, but such hearing shall not be held sooner than five days, unless by agreement of the parties, after the presentation of such petition, and notice of the time and place of such hearing shall be forthwith delivered to the other party to such contest, or, in case of absence from the state or from his or her usual place of abode, such notice may be given by mailing, or causing to be mailed, the same, or a copy thereof, addressed to him or her at his or her last known post-office address.

If the court, or the judge, after such hearing, be of the opinion that a suspending order should issue, the court in its, or the judge in his or her, discretion, may suspend such final decision and may require bond upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable;

and the court, or the judge, shall fix a time for the final hearing on the application.

The hearing of the matter shall take precedence over all other matters before the court.

For such final hearing, and before the day fixed therefor, the special court shall file with the clerk of the Supreme Court of Appeals all papers, documents, testimony, evidence, and records, or certified copies thereof, which were before it at the hearing resulting in the final decision from which the petitioner appeals, together with a copy in writing of its final decision;

and, after argument by counsel, the court shall decide the matter in controversy, both as to the law and the evidence, as may seem to it to be just and right.

The Supreme Court of Appeals is hereby given jurisdiction to enforce the provisions of this section by writ of prohibition, mandamus, and certiorari, as may be appropriate.

§3-7-6.

(a) In all cases of contested elections, the county commission circuit court shall be the judge of the election, qualificationsqualifications, and returns of their own members and of all county, and district, and municipal officers.

Provided, That a member of the county commission whose election is being contested may not participate in judging the election, qualifications and returns (b) A person intending to contest the election of another to any county, or district, or municipal office, including a judge of any magistrate court or any office that shall hereafter be created to be filled by the voters of the county or of any magisterial or other district therein, shall, within ten seven days after the result of the election is certified, give the contestee notice in writing of such intention and a list of the votes he will dispute, with the objections to each, and of the votes rejected for which he will contend.

The provisions of this section apply to all elections, including municipal elections, except that the governing body of the municipality is the judge of any contest of a municipal election initiate a civil action in the circuit court of thea county wherein the election wasor heldany bypart filingthereof thewas followingheld. with the clerk of the circuit court:

(1)(c) AFor civilan caseelection informationcontest statement;challenging specific votes cast, votes rejected, or voters who participated in the election, a recount proceeding as set forth in §3-6-9 of this code is first required and shall be complete prior to the filing of an election contest on those grounds.

and (2) A complaint, which includes the information required by subsection (f) of this section.

(c) The contestant shall serve the contestee(s) and the board of canvassers who certified the election with a copy of the civil case information statement and the complaint in the manner for personal service according to the Rules of Civil Procedure within 72 hours of filing:

Provided, That any process served via U.S.

Mail shall be sent via Certified Mail return receipt requested and shall be considered timely if postmarked before the close of the 72-hour period.

Untimely process shall result in an automatic dismissal without hearing, which decision may be appealed as permitted by law.

(d) For an election contest challenging specific votes cast, votes rejected, or voters who participated in the election, a recount proceeding as set forth in §3-6-9 of this code is first required and shall be complete prior to the filing of an election contest on those grounds.

(e) For an election contest challenging the legality of the election, qualification of the person considered elected, or reliability of the votes cast in one or more precincts due to a lapse in security or failure to follow statutory procedures, a recount proceeding is not required.

(f) The complaint filed with the clerk of the circuit court shall include the following information:

(1) A summary of the facts and the contestant’s argument;

(2) The specific allegations:

(i) If contesting specific votes cast or participating voters, a list of the votes cast, votes rejected, or voters so contested, and specific objections to each;

or (ii) If contesting the legality of the election, qualification of the person considered elected, reliability of the votes cast in one or more precincts due to a lapse in security or failure to follow statutory procedures, all relevant details pertinent to the allegations;

(3) A description of all evidence that will be relied upon in support of the contestant’s claims;

(4) A list of witnesses who may be questioned during the election contest proceedings;

(5) Any additional information or grounds pertinent to the election contest;

and (6) Addresses and contact information for all named parties to the election contest.

(g) The person whose election is so contested shall, within seven days after receiving a copy of the civil case information statement and verified complaint, file a response to the complaint with the clerk of the circuit court, the contestant, and the board of canvassers in the same manner set forth in subsection (c) of this section.

(h) If new facts are discovered by either party within five days after filing the complaint or response, an amended complaint or response may be filed in the same manner as filing an original complaint or response as prescribed in this section.

(i) The provisions of this section apply to all elections, including municipal elections, held within a single county.

(a) The county circuit court,court composed of a panel of three judges as provided in subsection (b) of this section, shall hear and decide election contests initiated pursuant to the provisions of the preceding section §3-7-6 of this code.

(b)Subpoenas Uponfor receiptwitnesses offor theeither civilparty caseshall informationbe statementissued and complaint filed by a contestant, the clerk of the circuitcounty courtcourt, shalland immediatelyserved forwardas ain copyother ofcases, and the filing,witnesses byshall thebe mostentitled expedientto meansthe approvedsame byallowances theand Supremeprivileges, Courtand ofbe Appeals,subject to the Clerksame ofpenalties, theas Supremewitnesses Courtattending ofa Appeals.circuit court in a civil suit.

The Clerknotice of contest shall be presented to the Supremecounty Courtcourt shallat immediatelyits providefirst term after the electionsame contestis filingdelivered to the Chiefperson Justicewhose ofelection is contested, and the Supremesame Courtshall ofbe Appeals.docketed for trial in such court.

(c)(b) WithinAt fivethe businesstrial daysof fromsuch the datecontest, ofthe receiptcircuit ofcourt theshall electionhear contestall filing,such thelegal Chiefand Justiceproper ofevidence thethat Suprememay Courtbe ofbrought Appealsbefore shallit designateby either party, and appointmay, aif paneldeemed considered necessary, require the production of threethe circuitpoll courtbooks, judgescertificates, toand presideballots overdeposited with its the electioncounty contestclerk asor follows:municipal recorder or clerk, and examine the same.

(1)The Onehearing circuitmay courtbe judgecontinued shallby bethe selectedcourt from thetime circuitto intime, whichif theit electionbe contestshown wasthat filed,justice whoand shallright serverequire asit, thebut chiefnot judgebeyond forthree months from the electionday contestof proceeding;election.

and(c) (2)A Twocontestant additionalhas circuitthe courtburden judgesof shallproof be selected from different circuits in thean state.elections contest.

(d) TheAt Chiefthe Justice,final orconclusion hisof orthe hertrial designee,of shallsuch notifycontest, each party to the election contest and the appointed circuit court judgesshall indeclare the mannertrue consideredresult mostof appropriatesuch byelection, theand Chiefcause Justice,the whichsame notificationto shallbe includeentered aon writtenthe orderrecords thatof includes the followingcourt. information:

(1)When Establish the venueresult forof the election contestis indeclared, as aforesaid, direct that a certified copy of the order declaring such the result shall, if required, be delivered by the clerk of the circuit court wherein the election contest was filed;held to the person declared elected, if such be the result of the trial, and such copy shall be received in all courts and places as legal evidence of the result of the election therein declared parties.

(2)Either Thethe name,contestant circuit,or contestee shall have the right of appeal to the circuit court of the county from the final order or decision of the county court in such proceeding, upon the filing of a bond with good personal security, by the party desiring the appeal, to be approved by the county court, in a sum deemed sufficient by such court, with condition to the effect that the person proposing to appeal will perform and courthousesatisfy addressany forjudgment eachwhich appointedmay judge;be rendered against him by the circuit court on such appeal.

(3) A directive that the election contest proceeding shall take precedence over all other business of the court, except for emergency proceedings, and shall be heard and adjudicated within 30 days of the date of the initial election contest filing;

and (4) Any additional information considered necessary by the Chief Justice.

(e) The circuit court panel so appointed shall within three days of receipt of the Chief Justice’s order, enter an order designating the date, time, and place for the election contest proceeding.

(f) Subpoenas for witnesses for either party shall be issued by the clerk of the county circuit court wherein the contest is to be held, and served as in other civil cases, and the witnesses shall be entitled to the same allowances and privileges, and be subject to the same penalties, as witnesses attending a circuit court in a civil suit.

The notice of contest shall be presented to the county court at its first term after the same is delivered to the person whose election is contested, and the same shall be docketed for trial in such court (g) At the trial of such the contest, the circuit court panel shall hear all such legal and proper evidence that may be brought before it by either party, and may, if deemed considered necessary, require the production of the poll books, certificates and ballots deposited with its the county clerk, municipal recorder or clerk, and examine the same.  The panel shall determine the outcome of the contest based upon clear and convincing evidence.

(h) The hearing may be continued by the circuit court panel from time to time, if it be is shown that justice and right require it, but not beyond three months from the day of election.

(i) At the conclusion of the final trial of such contest, the circuit court panel shall:

(1) Orally declare the true result of such election by majority decision from the bench;

(2) Issue a written opinion and order within two days thereafter;

and (3) cause Cause the same to be entered on the records of the court;

and (4) When the result of the election is declared, as aforesaid, a Direct that a certified copy of the order and opinion declaring such the result shall, if required, be delivered by the clerk of the circuit court wherein the contest was held to the person declared elected, if such be the result of the trial, parties and such copy shall be received in all courts and places as legal evidence of the result of the election therein declared.

(h) Either the contestant or contestee shall have the right of appeal to the circuit court of the county from the final order or decision of the county court in such proceeding, upon the filing of a bond with good personal security, by the party desiring the appeal, to be approved by the county court, in a sum deemed sufficient by such court, with condition to the effect that the person proposing to appeal will perform and satisfy any judgment which may be rendered against him by the circuit court on such appeal.

From the decision of the circuit courtcourt, panel, an (e) An appeal shallof lie from the decisionsdecision of the circuit panelcourt shall lie to the Supreme Court of Appeals, as in other cases, but such the appeal shall be heard upon the original papers and copies of all orders made, without requiring the same them to be printed.

(f) The proceedingsSupreme shallCourt take precedence over all other business of theAppeals, courtthrough andits shallrule-making bepower heardin and§51-1-4 determinedof asthis sooncode, asmay possible,promulgate exceptrules forand emergencyregulations proceedings. consistent (j)with Ifthis anyarticle electionwhich contestgoverning proceeding continues past the startpleadings, ofpractice, theand termprocedure for the contestedconduct office, the person appearing to be elected to that office according to the official certified returns shall assume the duties of thecounty, officedistrict, untiland themunicipal completion of the election contestcontests andin any appeal unless otherwise ordered by the circuitcourts courtof panel.this state.

(k) Upon request by a party or sua sponte, any court costs and attorney’s fees may be granted to the prevailing party by the circuit court panel or Supreme Court of Appeals upon a finding that one or more parties brought or defended the election contest proceeding in a frivolous manner or acted in bad faith.

(l) The Supreme Court of Appeals, through its rulemaking power in §51-1-4 of this code, may promulgate rules and regulations consistent with this article which governing the pleadings, practice, and procedure for the conduct of county, district, and municipal election contests in the courts of this state.

(j) AllExcept for bona fide survey and opinion research as defined in subsection (p) of this section, all prerecorded political audio messages, which content falls under the definition of electioneering“electioneering communicationscommunications” and which messages are delivered via telephone at the direction of a candidate committee, political committee, or any other person or organization, shall contain, or a live operator shall orally provide, withinbefore theany firstother 30information, seconds of the message, the following information:

and (2) The name of the person or organization paying for the delivery of the message and the name of the fiscal agent, if applicable.applicable;

and (3) Affirmatively state if any actors, events, or other content depicted in the message are fictional.

(2) Any person injured by another’s violation of this section may bring an action for damages and for such equitable relief, including an injunction,injunction. as the court considers necessary and proper.

IfIn theaddition, courta findsprevailing forplaintiff the plaintiff, recovery shall be inawarded the amountcosts of actualthe damagessuit orand $1,000,reasonable whicheverattorney’s isfees. greater.

If(m) theExcept courtfor findsbona thatfide survey and opinion research, any person who engages in push-polling by calling voters on behalf, in support, or in opposition of any candidate for public office by telephone, which telephone message is an electioneering communication and asks questions relating to any candidate for public office which implies, conveys, or states information about the actcandidate’s character, status, or practicepolitical wasstance, and which is likely to be construed by a willfulvoter to be a survey or knowingpoll, violationshall ofprior thisto section,asking itany shallperson awardcontacted treblea damages.question relating to a candidate:

In(1) addition,Inform a prevailing plaintiff shall be awarded the costsperson ofthat the suittelephone andcall reasonableis attorney’sa fees,“paid aspolitical determinedtelephone bycall”; the court.

Any(2) attemptedIdentify waiver of the rightorganization tomaking the damagescall setand forththe inorganization thispaying paragraphfor shallthe becall; void and unenforceable.

Injunctive relief shall be available to private individuals under this section without bond, subject to the discretion of the court.

(m) Any person who engages in push-polling by calling voters on behalf, in support, or in opposition of any candidate for public office by telephone, which telephone message asks questions relating to any candidate for public office which implies, conveys, or states information about the candidate’s character, status, or political stance, and which is likely to be construed by a voter to be a survey or poll, shall prior to asking any person contacted a question relating to a candidate:

(1) Inform the person that the telephone call is a “paid political telephone call;” (2) Identify the organization making the call and the organization paying for the call;

and (4) Identify whether the telephone call is being made on in support of or in opposition to a particular candidate or candidates for public office and identify that candidate or candidates by name.name;

and (5) Affirmatively state if any events depicted in the questions are fictional.

(2) Any person injured by another’s violation of this section may bring an action for damages and for such equitable relief, including an injunction,injunction. as the court deems necessary and proper.

IfIn theaddition, courta findsprevailing forplaintiff the plaintiff, recovery shall be inawarded the amountcosts of actualthe damagessuit orand $1,000,reasonable whicheverattorney’s isfees. greater.

If the court finds that the act or practice was a willful or knowing violation of this section, it shall award treble damages.

In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney’s fees, as determined by the court.

Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable.

Injunctive relief shall be available to private individuals under this section without bond, subject to the discretion of the court.

This section is not intended to restrict or to expand any limitations on, obligations ofof, or prohibitions against any candidate, committee, agent, contributor, or contribution contained in any other provision of this chapter.

(p) For purposes of this section, “bona fide survey and opinion research” means the collection and analysis of data regarding opinions, needs, awareness, knowledge, views, experiences, and behaviors of a population, through the development and administration of surveys, interviews, focus groups, polls, observation, or other research methodologies, in which no sales, promotional, or marketing efforts are involved and through which there is no attempt to influence a participant’s attitudes or behavior.

This definition includes a study for research purposes of how individuals reach to positive or negative information on a candidate, elected public official, or ballot proposition.

§3-9-13.§3-9-21.

BuyingImproper orinterference sellingwith votevoters’ unlawful;travel to and from the polls.

penalties.(a) During the hours that polls are open for in-person voting in an election, no person may obstruct or interfere with a voter with the intention to delay, hinder, interrupt, harass, or intimidate a voter traveling to or from the polls:

(a)Provided, ItThat isproperly unlawfulconducted forexit anypolls, person to offer or to pay money or any other thing of value to any person as considerationprovided forby the voteSecretary of theState’s offereeadministrative orrules, payee,are asnot theprohibited caseby maythis be,section. to be cast for or against any candidate or issue in any election held in the state.

(b) Any person who violates the provisions of this subsectionsection shall be is guilty of a felony,misdemeanor, and, upon conviction thereof, shall be fined not less than $5,000$100 ornor imprisonedmore inthan a$1,000, stateor correctionconfined facilityin forjail a period of not lessmore than one year, nor more than five years, or both fined and imprisoned.confined.

(b)  ItBill isStatus  |  likewiseBill unlawfulTracking  |  forLegacy anyWV personCode  |  toBulletin acceptBoard  |  orDistrict agreeMaps  |  toSenate acceptRoster  |  moneyHouse orRoster  |  otherLive  |  thingBlog  |  ofJobs  |  valueLinks  |  asHome considerationThis forWeb thesite voteis ofmaintained by the acceptee,West toVirginia beLegislature's castOffice forof orReference against& anyInformation. candidate or issue in any election held in the state.

Any person who violates the provisions of this subsection shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or imprisoned confined in the county jail not more than one year, or both fined and confined.

(c) It is likewise unlawful for any candidate or candidate’s business to give any personal gift or item of more than de minimis value to any other person while running as a candidate for public office within 60 days of any election day:

Provided, That personal gifts to family members, registered charities, nonprofit organizations, and educational institutions during the 60-day period are not prohibited.

Any person who violates the provisions of this subsection is guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 or imprisoned in a state correction facility for a period of not less than one year, nor more than five years, or both fined and imprisoned.

§3-9-21.Improper interference with voters’ travel to and from the polls.

(a) During the hours that polls are open for in-person voting in an election, no person may obstruct or interfere with a voter in any manner that delays, hinders, or interrupts a voter traveling to or from the polls.

(b) Prohibited activities include, but are not limited to, the following:

(1) Obstructing a road, right of way, or entrance to a polling place parking area;

(2) Hindering or delaying a voter traveling to or from a polling place;

(3) Stopping vehicles approaching a polling place;

and (4) On the walks and driveways leading to and within a reasonable proximity to a polling place, providing unsolicited election-related educational or advocacy materials, candidate lists, or political paraphernalia to voters traveling to a polling place.

(c) Exceptions to the prohibited activities described in this section include:

(1) Voters that first seek or express interest in the materials or advertisements for election-related educational or advocacy materials, candidate lists, or political paraphernalia;

(2) Properly conducting exit polls as provided by the Secretary of State’s administrative rule.

(d) Any person who violates the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in jail not more than one year, or both fined and confined.

CHAPTER 51.

COURTS AND THEIR OFFICERS.

ARTICLE 2A.

FAMILY COURTS.

§51-2A-5.

Term of office of family court judge;

initial appointment;

elections.

(a) Beginning with the election to be conducted in the year 2016, family court judges shall be elected.

In family court circuits having two or more family court judges there shall be, for election purposes, numbered divisions corresponding to the number of family court judges in each area.

Each family court judge shall be elected at large by the entire family court circuit.

In each numbered division of a family court circuit, the candidates for nomination or election shall be voted upon and the votes cast for the candidates in each division shall be tallied separately from the votes cast for candidates in other numbered divisions within the family court circuit.

The candidate or candidates receiving the highest number of the votes cast within a numbered division shall be nominated or elected, as the case may be.

Effective with the primary election of 2016, all elections for family court judges in the respective circuits will be on a nonpartisan basis by division.

Beginning in 2016, there will no longer be primary elections held for family court judges and all elections for family court judges are to be held in the nonpartisan judicial election as set forth in article five, chapter three of this code.

All indications of party identification on election ballots for family court judge shall be omitted.

(b) The term of office for all family court judges elected in 2002 shall be for six years, commencing on January 1, 2003, and ending on December 31, 2008.

Subsequent terms of office for family court judges elected thereafter shall be for eight years.

(c) Beginning with the nonpartisan judicial election held in 2022, and in every primary election year thereafter, if no candidate in a division for judge of the family court receives more than 50 percent of the votes cast in the election for that office held concurrently with the primary election, a runoff election for that division shall be conducted concurrently with the general election.

The ballot for the runoff election shall include a provision for selection only between those two candidates who received the highest and second highest number of ballots cast in that applicable division for judge of the family court in the election for that office held concurrently with the primary election.

  NOTE:

The purpose of this bill is to require a runoff election concurrently with the general election for nonpartisan judicial races when no candidate receives at least 50% of votes cast in the previous primary election;

add voter registration roll list maintenance procedures voters who are declared mentally incompetent or identified during jury duty selection by state and federal courts;

procedures for identifying and contacting voters who appear to have moved to an address different than the one on their voter record;

requiring pre-approval by the State Election Commission for any non-public funding offered to any election official or agency to fund election-related expenses to prevent actual or the appearance of corruption;

to adopt the list maintenance idle voter procedure from the State of Ohio, which was upheld by the United States Supreme Court of Appeals in Husted v.

A.

Philip Randolph Institute (2018);

permit eligible citizens the affirmative option to choose whether to register to vote while at any Department of Motor Vehicles office;

change the period of in-person early voting to allot sufficient time for election officials to update voter history, produce poll books, prepare voting equipment, and accomplish last-minute preparations for election day, which time is currently limited to two days prior to any election;

require disclosure of political push-polls and prerecorded political telephone messages;

make absentee-by-mail and emergency absentee ballot application deadlines consistent with United States Postal Service recommendations effective January 1, 2022;

move initial jurisdiction of county, district, and municipal contested elections from a county commission or municipal governing body to circuit court panel of judges;

decrease the timeframe for election contest proceedings to ensure efficient finality of elections;

grants rule-making authority to the Supreme Court of Appeals for procedural election contest matters;

permit prevailing parties to request court costs and attorney fees for frivolous or bad-faith election contest actions;

prohibit candidates from giving personal or business gifts of any value to any non-family, non-educational institution, or unregistered charity or nonprofit organization within 60 days of any election day notwithstanding exceptions;

extend electronic absentee ballot transmission options to voters eligible to vote an emergency absentee ballot and first responders called away for duty outside their county of residence which prevents them from participating in the election;

and to prohibit activities that interfere with or hinder voters’ access to the polls by affording them open and accessible ingress and egress during in-person voting in an election.

  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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