West Virginia 2020 Regular Session Status: Passed Senate 1 R cosponsors

SB 204 — Providing for nonpartisan elections of county prosecuting attorneys

Last action — To House Judiciary

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

38 added · 35 removed

Plain-language change summary

The bill SB 204 has been updated to change the start date for electing prosecuting attorneys from 2020 to 2024. Additionally, if no candidate receives a majority of votes in the election, a runoff will now occur during the general election instead of the primary. These changes aim to ensure a fairer election process and give more time to implement the nonpartisan election structure for these positions.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 204 History OTHER VERSIONS  —  Committee Substitute (1)  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB204 SUB1 « Senate Bill 204 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 204 By Senators Weld and Baldwin [Introduced January 9, 2020;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 204 Senators Weld and Baldwin, original sponsors [Originating in the Committee on the Judiciary;
referred to the Committee on the Judiciary] A BILL to amend and reenact §3-1-17 of the Code of West Virginia, 1931, as amended;
reported on February 14, 2020]     A BILL to amend and reenact §3-1-17 of the Code of West Virginia, 1931, as amended;
requiring that nonpartisan elections of prosecuting attorneys commence in 2020;
requiring that nonpartisan elections of prosecuting attorneys commence in 2024;
requiring a runoff election be held concurrently with the general election between the two highest vote getters in the nonpartisan election if no candidate receives a majority of votes cast;
(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.
(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 §3-5-1 of this code.
(d) Beginning in 2020 and every fourth year thereafter, there shall be elected a prosecuting attorney for each county by nonpartisan election to be held on the same date as the primary election for other elective offices in the county.
(d) Beginning in 2024 and every fourth year thereafter, there shall be elected a prosecuting attorney for each county by nonpartisan election to be held on the same date as the primary election for other elective offices in the county.
(e) In the event no candidate for prosecuting attorney receives a majority of the votes cast in the election held concurrently with the primary election, a runoff election shall be held concurrently with the general election between the two candidates receiving the most votes in the election held concurrently with the primary election.
Vacancies in offices of prosecuting attorney, sheriff, assessor and surveyor.
Vacancies in offices of prosecuting attorney, sheriff, assessor, and surveyor.
(a) Any vacancy occurring in the office of prosecuting attorney, sheriff, assessor or county surveyor shall be filled by the county commission within 30 days of the vacancy by appointment of a person of the same political party as the officeholder vacating the office:
(a) Any vacancy occurring in the office of prosecuting attorney, sheriff, assessor, or county surveyor shall be filled by the county commission within 30 days of the vacancy by appointment of a person of the same political party as the officeholder vacating the office:
Provided, That following the nonpartisan election of the prosecuting attorney in 2020, the county commission is no longer required to appoint a successor prosecuting attorney on the basis of political party.
Provided, That following the nonpartisan election of the prosecuting attorney in 2024, the county commission is no longer required to appoint a successor prosecuting attorney on the basis of political party.
(b) Notwithstanding any code provision to the contrary, a county commission may appoint a temporary successor to the office of prosecuting attorney, sheriff, assessor or county surveyor until the requirements of this section have been met.
(b) Notwithstanding any code provision to the contrary, a county commission may appoint a temporary successor to the office of prosecuting attorney, sheriff, assessor, or county surveyor until the requirements of this section have been met.
(c) If an election is necessary under section one of this article, the county commission, or the president thereof in vacation, shall be responsible for the proper proclamation, by order, and notice required by §3-10-1 of this code.
(c) If an election is necessary under §3-10-1 of this code, the county commission, or the president thereof in vacation, shall be responsible for the proper proclamation, by order, and notice required by §3-10-1 of this code.
    NOTE:
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The purpose of this bill is to provide for nonpartisan elections of county prosecuting attorneys.
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.
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Action History

  1. To House Judiciary

  2. To Judiciary

  3. Introduced in House

  4. Ordered to House

  5. Effective from passage (Roll No. 179)

  6. Passed Senate (Roll No. 179)

  7. Read 3rd time

  8. On 3rd reading

  9. Read 2nd time

  10. On 2nd reading

  11. Read 1st time

  12. On 1st reading

  13. Committee substitute reported

  14. To Judiciary

  15. Introduced in Senate

  16. To Judiciary

  17. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 132 not signed on

Sponsors (1)

Co-sponsors (1)

  • Baldwin

Not signed on (132)

132 members have not signed on to this bill.

Show all 132 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 30 Yea · 4 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 28400
Total 30400
% of votes cast 88%12%0%0%
How each member voted (34)
Member Party Vote
LINDSAY — Nay
SMITH — Yea
BALDWIN — Yea
MANN — Yea
STOLLINGS — Yea
BEACH — Nay
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Yea
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Yea
CLINE — Yea
PLYMALE — Yea
TRUMP — Yea
FACEMIRE — Nay
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Yea
ROBERTS — Yea
WELD — Yea
HARDESTY — Yea
ROMANO — Yea
WOELFEL — Yea
IHLENFELD — Nay
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 204?
SB 204 is sponsored by Ryan Weld (Republican) and Baldwin.
What is the current status of SB 204?
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 204?
Track SB 204 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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