SB 360 — Allowing poll workers to work full and half days

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 360 By  SenatorsSenators Stover, Roberts, and Ihlenfeld [Introduced[Originating Februaryin 18,the 2021;Committee on Government Organization;

referredreported toon theMarch Committee26, on2021] Government  Organization]  A BILL to amend and reenact §3-1-30 and §3-1-44 of the Code of West Virginia, 1931, as amended, all relating to authorizing poll clerks to work and be compensated for both full and half days worked during an election.

 (a) For any primary, generalgeneral, or special election held throughout a county, poll clerks and election commissioners may be nominated as follows:

and (4) When an executive committee nominates qualified persons as poll clerks, election commissionerscommissioners, or alternates, the committee, or its chair or secretary on its behalf, shall file in writing with the appointing body, no later than the 70th day before the election, a list of those persons nominated and the positions for which they are designated.

(b) For any municipal primary, generalgeneral, or special election, the poll clerks and election commissioners may be nominated as follows:

or (2) In municipalities which do not have executive committees, the governing body shall provide by ordinance for a method of nominating election officials or shall nominate as many eligible persons as are required, giving due consideration to any recommendations made by voters of the municipality or by candidates on the ballot.

(1) The county commission for any primary, generalgeneral, or special election ordered by the county commission and any joint county and municipal election;

and (3) The municipal governing body for any primary, generalgeneral, or special municipal election ordered by the governing body.

and (2) The governing body shall fill any positions for which no nominations were filed.

(h) Within seven days following appointment, the clerk of the county commission shall notify, by first-class mail, all election commissioners, poll clerksclerks, and alternates of the fact of their appointment and include with the notice a response notice form for the appointed person to return indicating whether or not he or she agrees to serve in the specified capacity in the election.

Provided, That no more than three precincts within the same building or facility may share board members in this manner.   (k) On Electionelection day, if an appointed election official or a poll clerk working a full day fails to appear at the polling place by 45 minutes past five o’clock 5:45 a.m.

on election day oror, for a poll clerk working a half day, a later time as designated by the clerk of the county commission, the election officials present shall contact the office of the clerk of the county commission for assistance in filling the vacancy.

and (3) If two teams of election officials, as defined in §3-1-29 of this code, are present at the polling place, the person appointed to fill a vacancy in the position of the additional commissioner may be of either political party.

(m) Nothing in this section shall be construed to require any county executive committee or county commission to offer half day shifts for poll clerks during any election.

(g) The compensation of election officers, cost of printing ballots, and all other reasonable and necessary expenses in holding and making the return of a special electionelection, for the purpose of taking the sense of the voters on the question of calling a constitutional convention, of a special election to elect members of a constitutional convention, and of a special election to ratify or reject the proposals, acts, and ordinances of a constitutional convention are obligations of the state incurred by the ballot commissioners, clerks of the circuit courts, clerks of the county commissions, and county commissions of the various counties as agents of the state.

If satisfied that the expenses as certified by the county commissions are reasonable and were necessarily incurred, the Secretary of State shall requisition the necessary warrants from the Auditor of the state to be drawn on the stateState Treasurer and shall mail the warrants directly to the vendors of the special election services, supplies, and facilities.

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The purpose of this bill is to expressly allow service and payment of poll clerks for both half and whole days of service to the county commission.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.