HB 4434 — Clarifying provisions relating to candidates unaffiliated with a political party as it relates to certificates of announcement

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Red = new code to be enacted WEST virginia legislature regular session IntroducedENROLLED House Bill 4434 By Delegates Shott and Hanshaw [Introduced[Passed FebruaryMarch 5,7, 2018;

Referredin toeffect theninety Committeedays onfrom thepassage.] Judiciary.] AN AACT BILL to amend and reenact §3-5-23 of the Code of West Virginia, 1931, as amended;amended, to prohibit any person from becoming a candidate for political office by virtue of the nomination-certificate process when he or she, at the time of the filing of the nomination certificate or certificates, is registered and affiliated with a recognized political party as defined in §3-1-8 of this code or when he or she was a candidate for nomination by a recognized political party as defined in §3-1-8 of this code but failed to win the nomination of his or her party.

to clarify provisions relating to candidates unaffiliated with a political party as it relates to certificates of announcement, preventing candidates from a political party from using the provisions of the section to seek candidacy for office.

ARTICLE ARTICLE 5.

(b) The person or persons soliciting or canvassing signatures of duly qualified voters on the certificate or certificates, may solicit or canvass duly registered voters residing within the county, districtdistrict, or other political division represented by the office sought, but must first obtain from the clerk of the county commission credentials which must be exhibited to each voter canvassed or solicited, which credentials may be in the following form or effect:

(c) The certificate shall be personally signed by duly registered voters, in their own proper handwriting or by their marks duly witnessed, who must be residents within the county, districtdistrict, or other political division represented by the office sought wherein the canvass or solicitation is made by the person or persons duly authorized.

The number of signatures shall be equal to not less than one percent of the entire vote cast at the last preceding general election for the office in the state, district, countycounty, or other political division for which the nomination is to be made, but in no event shall the number be less than 25.

The number of signatures shall be equal to not less than one percent of the entire vote cast at the last preceding general election for any statewide, congressionalcongressional, or presidential candidate, but in no event shall the number be less than 25.

A signature on a certificate may not be counted unless it be that of a duly registered voter of the county, districtdistrict, or other political division represented by the office sought wherein the certificate was presented.

If, upon investigation, there is doubt as to the legitimacy and the validity of certificate, the Secretary of State may ask the Attorney General of the state, or the clerk of the county commission may ask the prosecuting attorney of the county, to institute a quo warranwarranto to proceeding against the nominee by certificate to determine his or her right to the nomination to public office and upon request being made, the Attorney General or prosecuting attorney shall institute the quo warranwarranto to proceeding.

(f) For the purposes of this section, any person whowho, at the time of the filing of the nomination certificate or certificates, is registered and affiliated with a recognized political party as defined in §3-1-8 of this code may not become a candidate for political office by virtue of the nominationnomination-certificate certificate process outlinedas herein.set forth in this section.

(f) (g) InFor additionthe topurposes penaltiesof prescribedthis elsewheresection, any person who was a candidate for violationnomination ofby thisa chapter,recognized anypolitical personparty violatingas thedefined provisionsin §3-1-8 of this sectioncode ismay guiltynot, ofafter afailing misdemeanorto and,win uponthe conviction,nomination shallof behis finedor nother morepolitical thanparty, $1,000,become ora confinedcandidate infor jailthe notsame morepolitical thanoffice oneby year,virtue orof boththe finednomination-certificate andprocess imprisoned:as set forth in this section.

(h) In addition to penalties prescribed elsewhere for violation of this chapter, any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, or confined in jail not more than one year, or both fined and confined:

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The purpose of this bill is to clarify provisions relating to candidates unaffiliated with a political party as it relates to certificates of announcement, preventing potential candidates registered as members of a political party from using the provisions of the section to seek candidacy for office.

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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