HB 5077 — Establishing residency requirements for candidates seeking nomination and election to United States Congress

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 5077 By Delegates C.

Pritt, Steele, Phillips, Cannon, Kelly, and Mallow [Introduced[Originating Januaryin 25,the 2024;Committee on the Judiciary;

ReferredReported toon theFebruary Committee22, on2024] theCS Judiciary]for Intr HB 2024R20545077 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-5-5;

PRIMARY ELECTIONS AND NOMINATING PROCEDURESPROCEDURES. §3-5-5.

§3-5-5.

1 Intr1 CS for HB 2024R20545077 (2) "Resident of Congressional district" means a person who has established and maintained a primary residence within the geographic boundaries of that Congressional district for one year next preceding his or her election.

Intr2 CS for HB 2024R20545077 (1) Any and all persons who file to appear on the ballot for a seat for House of Representatives in the Congress of the United States must certify, in accordance with §3-5-5(c)(2) and §3-5-7 of this code, that they meet the residency requirements of §3-5-5(c) of this code prior to the primary or general election;

(2) Any electorvoter residing within the Congressional district shall have standing to enforce this section, by mandamus or in any other manner in the courts of this state, against the Secretary of State in the event that a candidate failing to meet the residency requirements of this section is permitted to file to seek a nomination or election to represent the elector’s Congressional district:

Provided, That any pre-election eligibility challenge shall be brought and resolved no later than 30 days after the last day to file a certificate of announcement for any candidate seeking nomination or election to represent the elector’s Congressional district, or no later than 78 days before the general election for any candidate nominated at the primary election or other nominations by a political party in accordance with §3-5-§3-5-1, 1, et seq.

In any action commenced in a court of this state, any electorvoter residing within the Congressional district of the applicable office, or either or both chambers of the 3 CS for HB 5077 Legislature, should be deemed to have standing to be party to such litigation, and should be Intr HB 2024R2054 permitted by the court to intervene if they are not already parties to such litigation;

(g) Severability.

– If any provision of this section, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or applications of this section, and to this end the provisions of this section are declared to be severable.

(i) The ballot title of any separate paper ballot or portion of any electronic or voting machine Intr HB 2024R2054 ballot for all justices of the Supreme Court of Appeals shall contain the words "Nonpartisan Ballot of Election of Justice(s) of the Supreme Court of Appeals of West Virginia".

The names of the 4 CS for HB 5077 candidates for the Supreme Court of Appeals shall be printed by division without references to political party affiliation or registration.

The districts for which fewer than Intr HB 2024R2054 two candidates may be elected and the number of available seats are to be specified and the 5 CS for HB 5077 names of the candidates are to be printed without reference to political party affiliation and without designation as to a particular term of office.

For counties in which the number of county commissioners exceeds three and the total Intr HB 2024R2054 number of members of the county commission is equal to the number of magisterial districts within 6 CS for HB 5077 the county, the office of county commission is to be listed separately for each district to be filled with the name of the magisterial district and the words "Vote for One" printed below the name of the office:

"Residency in district undetermined prior to this election." Intr7 CS for HB 2024R20545077 (C) The arrangement of names within each office must be determined as prescribed in §3- 5-13a of this code.

Ballot cards and paper for printing ballots using Intr8 CS for HB 2024R20545077 electronically sensible ink are to meet minimum requirements of the tabulating systems and are to conform in size and weight to ensure ease in tabulation.