SB 548 — Authorizing county commissions to pay election officials

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Red = new code to be enacted WEST virginia legislature regular session Engrossed Committee Substitute for Senate Bill 548 By Senators Jeffries, Baldwin, Beach, Drennan, Facemire, Gaunch, Ojeda, Plymale, Prezioso, Romano, Smith, Stollings, Swope, and Cline [Originating in the Committee on Government Organization;

Reported on February 23, 2018]     A BILL to amend and reenact §3-1-44 and §3-1-48 of the Code of West Virginia, 1931, as amended, all relating generallyto authorizing county commissions to thehave conductdiscretion ofover elections;compensation for certain election officials;

eliminating statutory caps on compensation for certain election officials;

and declaring compensation above maximum compensation set by Secretary of State in certain elections to be county obligation;obligation.

permitting State Election Commission, with recommendation from HAVA Grant Board and consistent with legislative rules of the program, approve grant to a county for the purchase of election systems or upgrades from the county assistance voting equipment fund;

and directing Secretary of State issue emergency rules setting criteria for issuance of grants.

(a) Each ballot commissioner is to be paid a sum, to be fixed by the county commission, not exceeding $125 for each day he or she serves as ballot commissioner, but in no case may a ballot commissioner receive allowance for more than 10 days’days' services for any one primary, general,general or special election.

(b) Each commissioner of election and poll clerk is to be paid a sum, to be fixed by the county commission, not exceeding $125 for one day’sday's services for attending the school of instruction for election officials if the commissioner or poll clerk provides at least one day’sday's service during an election and a sum not exceeding $175 for his or her services at any one election:

(c) Each alternate commissioner of election and poll clerk may be paid a sum, to be fixed by the county commission, not exceeding $50 for one day’sday's services for attending the school of instruction for election officials:

§3-1-48.Any compensation for election officials paid by the county commissions in those elections that is above the compensation reimbursement rate set by the Secretary of State shall not be an obligation of the state, and shall be paid by the county commission.

Legislative  findings;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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loans to counties;

availability of funds;

repayment of loans;

grants to counties for election systems.

(a) Legislative findings.

— The Help America Vote Act of 2002, PL 107-252, 42 U.S.C.

§15301, et seq., provides funding so that all states will be able to implement some form of electronic voting system to replace punch card and lever machines by 2006.

The new voting systems must meet several requirements including notifying the voter of over votes and permitting each voter to review his or her ballot and correct errors before casting the vote.

The limited, finite funding available to the state will not be sufficient to meet current and future needs for equipment and services as equipment needs to be obtained, repaired, or replaced as technology changes.

It is the intent of the Legislature to maximize the available funds by establishing a no-interest loan program to assist any county, regardless of its current voting system, in purchasing necessary electronic voting equipment and services.

As the loans are repaid funds will continue to be available to meet future needs.

It is not the intent of the Legislature to mandate any technology for voting systems to be utilized in this state and this section is intended only to establish terms and conditions for providing loan assistance to counties in accordance with the provisions of this section.

(b) State Election Fund.

— The special revenue account created in the State Treasury and known as the State Election Fund account is continued.

Expenditures from the account shall be used by the Secretary of State for the administration of this chapter in accordance with the provisions of 42 U.S.C.

§15301, et seq., the Help America Vote Act of 2002, PL 107-252, in accordance with the provisions of §4-11-1 et seq.

of this code.

(c) Establishment of special revenue account.

— There is created in the State Treasury a special revenue revolving fund account known as the County Assistance Voting Equipment Fund which shall be an interest-bearing account.

The fund shall consist of an initial transfer not to exceed $8,500,000 from the State Election Fund established under §3-1-48(b) of this code pursuant to legislative appropriation;

any future funds received from the federal government under the Help America Vote Act of 2002, PL 107-252, 42 U.S.C.

§15301, et seq., or subsequent acts providing funds to states to obtain, modify, or improve voting equipment and obtain necessary related services including voting systems, technology, and methods for casting and counting votes;

any funds appropriated by the Legislature or transferred by any public agency as contemplated or permitted by applicable federal or state law;

and any accrued interest or other return on the moneys in the fund.

The balance remaining in the fund at the end of each fiscal year shall remain in the fund and not revert to the State General Revenue Fund.

(d) Use of funds.

— The money in the fund shall be used only in the manner and for the purposes prescribed in this section.