reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the processes for filing and formatting
				legislative, legislative-exempt, procedural, interpretive, emergency rules and
				related documents in the Secretary of State's office, and processes for filing
				other documents for publication in the State Register.
1.2. Authority. -- W. Va. Code
				''29A-2-6(c),
				29A-2-7
				et. seq.
1.3. Filing Date. -- March
				29, 2019.
1.4. Effective Date. --
				March 29, 2019
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect on
				March 29, 2029.
1.6. Repeal and
				Replace. -- This legislative rule repeals and replaces WV 153CSR6 "Standard
				Size and Format For Rules and Procedures for Publication of the State Register
				or Parts of the State Register" filed March 26, 1996 and effective June 7,
				1996.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-3 - Prior to rule filing

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An agency
				and all staff that will be working on a rule filing shall apply individually to
				be set up in the Secretary of State's eRules application as a user by the
				procedures explained in Secretary of State procedural rule 153CSR1.
3.2. A Universal Access Account must be
				created.
3.3. An original
				electronic rule filing form must be completed, signed, notarized and filed in
				the Secretary of State's Office.
3.3.1. The
				agency head will list the specific rules that authority is being granted
				for.
3.3.2. The agency head will
				select the level of access being granted.
3.3.3. The agency head will sign the form and
				have it notarized.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-4 - Required formatting of rules

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All agencies shall have a title number
				and each rule a series number assigned by the Secretary of State.
4.2. Margins shall be set at 0.5 inch for the
				top and bottom, and 1 inch for the left and right.
4.3. Document shall be set at one
				column.
4.4. Font shall be either
				Times New Roman or Calibri.
4.5.
				Text size shall be 11 for the body of the rule.
4.6. All rules shall have a header containing
				the title and series number of the rule (example 153CSR6).
4.6.1. Header shall be centered on the top of
				each page.
4.6.2. Header shall be
				in text size 10 and bolded.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-5 - Underlining, strike-throughs and capitalization

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Underlining shall indicate language to
				be added to a rule. There shall be no underlining of text except to indicate
				new language to be added to a rule series. New series rules shall be completely
				underlined.
5.2. Strike-throughs
				shall indicate language to be deleted from a rule. Repealed legislative rules
				shall be completely struck-through. (See W. Va. Code §
									29A-3-1a(b)).
5.3. Capitalization shall be used only for
				proper names, the first word in a sentence, abbreviations which are routinely
				capitalized or as necessary for words defined by the rule. Do not capitalize
				for emphasis.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-6 - Repeal and replacement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Repeal and replace should not be used routinely in rule filing. This shall only
				be used when an agency is proposing major changes to an existing rule involving
				the majority of sections.
6.2. An
				agency may not repeal a rule by reference in another rule.
6.3. Repealing and replacing a rule requires
				prior approval from LRMRC.
6.3.1. Upon LRMRC
				approval, a repealer clause shall be added to the General section of the rule
				as 1.6.
6.3.2. The repealer clause
				shall state the rule to be repealed by its citation, name, filing date and
				effective date. (Example: This legislative rule repeals and replaces WV
				153CSR999 "Documents Filed in the Secretary of State's Office" filed April 1,
				2011 and effective April 1, 2011.)
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-7 - Incorporation by reference and relevant federal statutes or regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Documents
				incorporated by reference and/or any relevant federal statutes or regulations
				shall be filed at the time the proposed rule is filed.
7.2. The document will be uploaded to the
				eRules application in the corresponding labeled field and will be available for
				consideration with all filings during that legislative cycle.
7.3. It is not necessary to file the
				following documents when they are incorporated by reference:
7.3.1. West Virginia Code.
7.3.2. West Virginia Code of State
				Rules.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-8 - Filing proposed amendments to an existing series

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Filing a notice of public comment
				period.
8.1.1. The agency shall file the full
				text of all sections of the existing rule regardless of the amount of proposed
				changes. The notice of public comment period must be included.
8.1.1.a. Comment periods shall be not less
				than thirty nor more than sixty days. (See W. Va. Code §
											29A-3-7).
				Filing on a legislative rule deadline day limits the comment period to thirty
				days. Time constraints should be considered.
8.1.1.b. The included notice shall fix a
				date, time and place for the receipt of public comment by written and/or oral
				statements.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-9 - Filing of a proposed new series rule

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. This section applies to an agency
				proposing an entirely new series rule which is not an amendment to an existing
				rule and which requires the assignment of a new series number.
9.2. The agency shall make the request in the
				Secretary of State's eRules application for a new series number.
9.3. The proposed new series rule shall be
				designated as either a "legislative rule", "legislative exempt rule",
				"procedural rule" or "interpretive rule".
9.4. During the time the rule is proposed,
				the filing date and effective date shall be blank in the "General" section of
				the rule. These dates will be added upon final filing the rule.
9.5. All of the same filing processes as
				detailed in section 8 of this rule shall be followed with the exception of any
				strike-throughs in the rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-10 - Filing of emergency rules

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Any agency with authority to propose legislative rules may find that an
				emergency exists requiring that an emergency rule be promulgated. (See W. Va.
				Code §
									29A-3-15(5)(f)).
10.2. The agency shall file the full text of
				the emergency rule together with a statement of the facts and circumstances
				constituting the emergency and a listing of state agencies, professions,
				businesses and other identifiable interest groups affected by the proposed
				emergency rule, with the Secretary of State. If it is a Secretary of State
				rule, it shall be filed with the Attorney General's Office.
10.2.a. If it is an amendment to an existing
				rule, the filing shall contain strike-throughs and underlines.
10.2.b. If it is a new rule, it shall be
				noted on the accompanying documents, and may be underlined.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-11 - Tables, charts, diagrams, etc

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. When an agency needs to include charts,
				tables, diagrams or other information which is not in a typical narrative
				format, the agency shall refer to the table, chart, diagram, etc. within the
				text of the rule stating the location of the table, chart, diagram, etc. The
				actual table, chart, diagram, etc. may be attached to the back of the proposed
				rule or may be uploaded to the "Other", "Adopted by Reference" or "Supporting
				Documents" fields in the Secretary of State's eRules application.
11.2. Tables, charts, diagrams, etc. shall be
				named as "Table", "Chart", "Diagram", etc. followed by the title number and
				series number of the rule in which they are located. For multiples, a letter
				beginning with attachment "A" for the first table, chart, diagram, etc.;
				attachment "B" for the second table, chart, diagram, etc. and so on.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-12 - Sunset provision

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any
				new legislative rule promulgated after April 1, 2016, shall include a sunset
				provision terminating the rule after five years.
12.2. Any legislative rule existing as of
				April 1, 2016, upon being amended, shall add a sunset provision setting forth a
				termination date for the rule.
12.3. The sunset provision shall be included
				as 1.5. of the "General" section of all legislative rules using language
				prescribed by LRMRC.
12.4. The
				Secretary of State shall provide notice to the promulgating agency at least
				eighteen months prior to every rule's expiration date.
12.4.1. The Secretary of State shall send
				notices to the last known email address or mailing address and will make every
				reasonable attempt to notify the agency's designated or other contact person
				for each rule.
12.4.2. It is each
				agency's responsibility to stay compliant with the sunset provision. No agency
				shall use as an excuse for falling out of compliance that the Secretary of
				State failed to give notice as prescribed.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-13 - Documents to be included when filing a rule with the Secretary of State

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. When an
				agency files a legislative, legislative exempt, procedural or interpretive rule
				for public comment period, the following documents must be included:
13.1.1. The document that populates in the
				Secretary of State's eRules application when proposed rule is uploaded to the
				"notice" field. This document is the Notice of a Public Comment Period on a
				Proposed Rule. It fixes a date, time and place for the receipt of public
				comment in the form of oral statements and/or written statements and prompts
				the agency for the required information about the rule filing found in W. Va.
				Code §
										29A-3-5.
13.1.2. Full text of the rule.
13.1.3. Any relevant federal statutes or
				regulations.
13.1.4. Any document
				being incorporated by reference in the rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-06 - Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register › Section 153-6-14 - West Virginia Code of State Rules (CSR) and publication of the State Register

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The CSR and
				State Register shall be updated and maintained by the Administrative Law
				Division of the Secretary of State's Office.
14.2. Public access to the CSR and State
				Register shall be available in electronic format on the Secretary of State's
				website.
14.3. The State Register
				shall consist of the following:
14.3.1.
				Notices of all CSR filings;
14.3.2.
				Every determination of fact or judgment tendered by an agency;
14.3.3. Executive orders of the
				Governor;
14.3.4. Every notice of
				any report or finding of LRMRC and material tendered by the clerk or presiding
				officer of either house of the Legislature.
14.3.5. Other agency actions or material that
				an agency desires to make a public record;
14.3.6. Any other document required by
				law.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-07 - Submission Of other Documents For Approval To Solicit contributions For A Charitable Organization › Section 153-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.-- This
				interpretive rule established the conditions for the exercise of the discretion
				empowered within the Secretary of State to approve or disapprove solicitation
				activities.
1.2. Authority. -- W.
				Va. Code §§
									29-19-3(c);
				29-19-5(a);
				29-19-5(c);
				29-19-8;
				29-19-15(d);
				29-19-9
				and 29A-1(c)
1.3. Filing Date. --
				May 21, 2021.
1.4. Effective
				Date.-- June 20, 2021.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-07 - Submission Of other Documents For Approval To Solicit contributions For A Charitable Organization › Section 153-7-2 - Examination of Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				The Secretary of State shall examine each application to insure conformity with
				the Solicitation of Charitable Funds Act. Such examination may include the
				following areas:
2.1.1. Governing structure as
				expressed in the minutes of board meetings showing that the:
2.1.1.a. Board decides major expenditures for
				programs.
2.1.1.b. Board decides
				whether new programs/directions will become part of a major purpose of
				charity.
2.1.1.c. Board gets a full
				report on financial condition of charity at each meeting.
2.1.1.d. Board meets no less than three (3)
				times a year.
2.1.1.e. Board
				receives and approves reports on budget and financial reports.
2.1.1.f. Majority of board members are not
				employees of the charity.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-07 - Submission Of other Documents For Approval To Solicit contributions For A Charitable Organization › Section 153-7-3 - Contracts to be Filed

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Whenever a
				contract is required to be sent to the Secretary of State by either a
				charitable organization, professional fund-raising counsel or professional
				solicitor, such contract shall not be deemed complete unless it includes,
				either within the body of the contract or attached, the name, address and phone
				number of the principle contact person for each of the parties to the
				contract.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				interpretive rule relates to electioneering prohibitions found in the below
				West Virginia Code citations and the Secretary of State's position in the
				enforcement of these provisions.
1.2. Authority and Related Code Citations. --
				W. Va. Code §§
									3-1A-6,
				3-1-37,
				3-3-2a,
				3-9-6
				and
				3-9-9.
1.3. Filing Date. -- June13, 2017.
1.4. Effective Date. -- July 14,
				2017.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Electioneering" is defined as provided in W. Va. Code §
									3-9-9(a).
2.2. "Expressly advocates" is defined as
				provided in W. Va. Code §
									3-8-1a(13).
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-3 - Measurement of Restricted Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Where the West Virginia Code establishes
				the distance in which electioneering is prohibited on election day or during
				the period in which early voting is offered during the hours while such early
				voting is actually taking place, that distance shall be measured from the
				outside entrance door(s) of the building containing the election room. The
				outside entrance door(s) shall be the outside door(s) beside which the flags
				and placards designating the precinct numbers are placed.
3.1.1. In the event that there are multiple
				entrances to the building containing the election room, the measurement
				provided in this subsection shall be made from each outside entrance.
Provided
, That for multiple entrances to the building
				containing the election room which are available for voters to enter the voting
				place for the purpose of voting, each outside entrance must be appropriately
				marked with the requisite flags and placards designating the precinct number.
				An outside entrance that is not appropriately marked with the requisite flags
				and placards designating the precinct number shall not be considered an outside
				entrance for purposes of the measurement of restricted areas and shall not be
				used for voters to enter the voting place.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-4 - Business Within One Hundred Foot (100') Area

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The law specifically allows persons to
				enter the one hundred foot (100') restricted area while in the discharge of
				their legitimate business, or whose business requires them to pass and repass
				within one hundred feet of such entrance. All permanent and regular businesses
				may remain open, and people may come in and out on election day, but no person
				may use this exception to engage in electioneering under the cover of
				business.
4.2. Temporary business,
				such as bake sales or hot dog stands, must be established outside of the one
				hundred foot (100') area during primary, general and municipal
				elections.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-5 - Electioneering Permitted on Citizen's Own Private Property

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Electioneering upon a citizen's own
				private property within the one hundred foot (100') restricted area is
				permitted under W. Va. Code §§
									3-1-37(a)
				and
				3-9-9(c).
Provided
,
				That the law does not permit the private property owner to invite a
				non-property owner onto his or her property to engage in electioneering with
				the property owner's permission. Nor may a non-property owner trespass onto the
				private property of another to engage in electioneering. This exemption only
				applies to a private property owner engaging in electioneering on his or her
				own private property.
5.2. For
				purposes of this section, a property owner is only such a person who holds an
				ownership interest in the subject property and does not include property
				renters.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-6 - Electioneering Prohibited on Early Voting Location Property During Early Voting Hours

Current through Register Vol. XLI, No. 28, July 12, 2024
Nothing in this rule shall modify the restrictions set forth
				  in W. Va. Code §
									3-3-2a,
				  which prohibits any electioneering on any early voting location property
				  regardless the distance from the voting place during the entire period of
				  regular in-person absentee voting.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-7 - Driving to the Polls

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Drivers
				may transport persons or groups of persons to the voting place pursuant to the
				requirements set forth in W. Va. Code §
									3-1-37(b).
7.2. Drivers who are transporting elderly,
				handicapped or blind voters may remain within one hundred foot (100') area
				while the voters are inside the polling place pursuant to the requirements set
				forth in W. Va. Code §
									3-1-37(b)
				and (e), but may not utilize such privilege
				for electioneering.
7.3. Such
				vehicles permitted within the one hundred foot (100') restricted area for
				purposes of voting or transporting voters to the voting place shall not be
				required to remove any bumper stickers or signs affixed to the vehicle while
				parked or passing through the restricted area.
7.4. Voters may park within the one hundred
				foot (100') area while they are voting. Small signs such as bumper stickers
				need not be removed from a voter's vehicle, but large signs must be removed
				unless they are affixed to the vehicle.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-8 - Press Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
Legitimate news media personnel with proper credentials may
				  remain within the one hundred foot (100') restricted area while conducting
				  their official and legitimate news-gathering business, including exit polling,
				  but may not enter the polling place or the building housing the polling
				  place.
Provided
, That press personnel conducting exit polling
				  are prohibited from engaging in electioneering activities as provided in W. Va.
				  Code §
									3-9-9(a).
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-9 - Delivery of Lunches

Current through Register Vol. XLI, No. 28, July 12, 2024
Lunches may be delivered to the door of the polling room
				  during meal periods. Repeated visitation to the polling room to deliver
				  messages, food or drink or for any other purpose is
				  prohibited.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-10 - "Checkers"

Current through Register Vol. XLI, No. 28, July 12, 2024
"Checkers" who keep lists of those who vote or attempt to ask
				  questions of voters or urge voters to vote one way or another are not permitted
				  within the one hundred foot (100') restricted area.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-08 - Electioneering Prohibition › Section 153-8-11 - Billboards and Signs

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Permanent
				structures made continuously available for commercial advertising may display
				political advertising and are not required to be removed on election day if
				located within the one hundred foot (100') restricted area.
11.2. Electioneering signs erected on private
				property are permitted within the one hundred foot (100') restricted
				area.
11.3. Stopping, standing and
				parking vehicles displaying electioneering signs within the one hundred foot
				(100') restricted area is prohibited, except as provided in W. Va. Code
				§§
									3-1-37(b)
				and (e),
				3-9-9(a)
				and sections 7.3 and 7.4 of this rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-09 - Authorized Use of the Great Seal of the State of West Virginia › Section 153-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				interpretive rule defines when the Great Seal of the State of West Virginia may
				be used as authorized by the Secretary of State as the keeper of the seal. As
				provided herein, the seal may essentially only be used for:
1) official governmental purposes;
				and
2) official governmental
				stationery.
The seal may not be used, as provided below, for:
1) any commercial purposes,
2) campaign purposes, or
3) advertising.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-09 - Authorized Use of the Great Seal of the State of West Virginia › Section 153-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The following
				words shall have the following meanings for the purposes of this rule:
2.1.a. "Great Seal" shall include the Seal of
				the State of West Virginia, and any substantially similar facsimile
				thereof.
2.1.b. "Local governmental
				agency" includes any local governmental agency, including counties,
				municipalities, special districts or other separate units of local government
				created or established by the West Virginia Constitution and/or West Virginia
				Code, and authorized staff members of such entities.
2.1.c. "Official government business cards"
				means business cards in use by a current state governmental agency when
				specific written approval for use of the Great Seal has been granted by the
				head of that agency.
2.1.d.
				"Official government publications" are publications published by or on behalf
				of the State of West Virginia.
2.1.e. "Official government stationery" means
				stationery intended for use by a state governmental agency when specific
				written approval for use of the Great Seal has been granted by the head of that
				agency.
2.1.f. "Political or
				campaign purposes" shall include all uses related to a past, present, or future
				political campaign.
2.1.g.
				"Publications serving a governmental purpose" are those publications not
				published by the State of West Virginia, which the SOS, within its discretion,
				determines are of significant interest to the state, including but not limited
				to educational publications, where use of the Great Seal would not mislead the
				public to believe that the publication carries official State sanction or
				approval.
2.1.h. "Secretary of
				State" or "SOS" means the constitutional office holder of the position of
				Secretary of State of West Virginia, and/or his or her Deputy Secretary of
				State.
2.1.i. "State governmental
				agency" includes any state agency formed by the West Virginia Constitution
				and/or West Virginia Code, and authorized staff members of those
				entities.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-09 - Authorized Use of the Great Seal of the State of West Virginia › Section 153-9-3 - Procedures to Obtain Permission for Use of the Seal

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person, without express written
				authorization from the Secretary of State or a Deputy Secretary of State
				("SOS"), may manufacture, use, display or otherwise employ a facsimile or
				reproduction of the Seal of the State of West Virginia ("Great Seal"), except
				as provided in this rule.
3.2. Any
				person desiring to obtain approval from the SOS for the manufacture or use of a
				facsimile or reproduction of the Great Seal shall make application on the form
				prescribed by the SOS. The form, Application for Manufacture or Use of the
				Great Seal of the State of West Virginia, is incorporated by reference herein
				and is available from the SOS.
3.3.
				SOS approval for use of the Great Seal is for a term of 4 years, unless
				otherwise stated by the SOS, and can be renewed upon the completion and
				approval of a new application.
3.4.
				Applications and supporting documents shall be filed with the Office of the
				Chief Counsel, West Virginia Secretary of State, State Capitol Building,
				Charleston, West Virginia, 25305.
3.5 Standards for Approval. The applicant may
				be granted permission to manufacture or use the Great Seal if the applicant
				affirmatively demonstrates to the SOS that the Cheat Seal will be used for a
				proper purpose. In order to determine what constitutes a proper purpose, the
				Department shall consider, at a minimum, the following:
3.5.a. The specific item to be
				manufactured;
3.5.b. The manner in
				which the Great Seal is to be displayed on the item to be
				manufactured;
3.5.c. The nature of
				the proposed use, including manner, purpose and place of use;
3.5.d. Whether the public would tend to be
				misled by the appearance of the Great Seal on the product to believe that the
				product carries official State sanction or approval;
3.5.e. Whether the use of the Great Seal
				would tend to mislead the public into believing that a person, meeting, project
				or event carries official State sanction or approval;
3.5.f. Whether the dignity of the Great Seal
				will be preserved if approval is granted,
3.5.g. Whether the requested use of the Great
				Seal will promote a stated governmental goal..
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-09 - Authorized Use of the Great Seal of the State of West Virginia › Section 153-9-4 - Review

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Approval by
				this rule shall not become a vested property right in the grantee and approval
				may be revoked at the discretion of the SOS at any time. The SOS may revoke any
				approval issued if the use no longer promotes a stated proper governmental goal
				as determined by the SOS. Approval shall also be revoked where the SOS finds
				that the holder or his/her agent submitted false, incomplete, or inaccurate
				information in the application or has violated state law, SOS rules,
				regulations or conditions of approval relating to the use of the Great
				Seal.
4.2. Any person or entity
				unlawfully using the Great Seal without prior approval of the SOS, may be
				subject to an action at law or at equity brought by the SOS in the appropriate
				court of competent jurisdiction seeking injunctive relief and any other
				remedies available.
4.3. If any
				person or entity has been granted approval for use of the Great Seal, and such
				approval is subsequently rescinded or revoked by tire SOS, such person or
				entity shall immediately cease and desist using or manufacturing the Great Seal
				until and unless authorized by the SOS or a court of competent
				jurisdiction.
4.4. Extraordinary
				Remedies. " An aggrieved person or entity may institute an action for
mandamus
relief in the Circuit Court of Kanawha County if the
				actions or decision of the SOS is alleged to violate rights provided by the
				West Virginia Constitution or West Virginia Code.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-09 - Authorized Use of the Great Seal of the State of West Virginia › Section 153-9-5 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Applicable
				fees shall be charged by the SOS pursuant to W.Va. Code §
									59-1-1.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-09 - Authorized Use of the Great Seal of the State of West Virginia › Section 153-9-6 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. These rules
				are considered to be severable. In the event these rules are inconsistent with
				or contrary to any statute, the provisions of the statute shall be
				applied.
6.2. These rules,
				including any time frames herein, are intended to serve only as guidelines for
				procedural functions of the SOS. Nothing herein is intended to vest any person
				with any right, substantive or otherwise which is greater than otherwise exists
				in law.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-10 - Loan and Grant Programs Under the Help America Vote Act (HAVA) for the Purchase of Voting Equipment, Election Systems, Software, Services and Upgrades › Section 153-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.-- This
				Rule establishes procedures for administration and eligibility of West Virginia
				counties to apply for and receive funding to improve the administration of
				elections for federal office, including to enhance election technology and make
				election security improvements, payable from the County Assistance Voting
				Equipment Fund created by the Help America Vote Act (HAVA),
				52
				U.S.c. §
										20901
et
				seq.
1.2. Authority. - W.
				Va. Code §
									3-1-48(1).
1.3. Filing Date. -- May 21, 2021.
1.4. Effective Date. - May 21,
				2021.
1.5. Sunset Provision.-- This
				Rule shall terminate and have no further force or effect on August 1,
				2026.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-10 - Loan and Grant Programs Under the Help America Vote Act (HAVA) for the Purchase of Voting Equipment, Election Systems, Software, Services and Upgrades › Section 153-10-3 - Eligibility for Grant Funding for Election Systems and Election System Upgrades

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any
				county commission requesting a grant from the Fund shall file an application
				verified by their Clerk with the Secretary.
3.2. The application shall be on a form
				provided by the Secretary and shall contain the following information:
3.2.1. The name of the county;
3.2.2. The amount of grant money
				requested;
3.2.3. The proposed use
				of funds, including type of equipment, software, and services to be purchased
				and the quantity thereof, if applicable;
3.2.4. A statement that the county has
				matching funds available equal to at least 15% of the cost of physical security
				upgrades or e-pollbooks and 50% of the cost of electronic voting systems,
				software, and services;
3.2.5. A
				statement that the county has die authority to purchase election systems, or
				election systems upgrades, through lawful purchasing procedures, no later than
				120 days from receipt of the award;
3.2.6. A statement of the county
				indebtedness, arrearage, or obligation to the State of West Virginia or its
				agencies;
3.2.7. A copy of the
				resolution passed by the county commission authorizing the county to purchase
				election systems or election systems upgrades pursuant to the
				program;
3.2.8. The signatures of a
				majority of the county's commissioners and the Clerk; and
3.2.9. The date of the application;
				and
3.2.10. Other information
				required by the Secretary,
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-10 - Loan and Grant Programs Under the Help America Vote Act (HAVA) for the Purchase of Voting Equipment, Election Systems, Software, Services and Upgrades › Section 153-10-4 - Eligibility for Loan Funding for Voting Systems, Software, and Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any county
				commission requesting a loan from the Fund shall file an application with the
				Secretary.
4.2. The application
				shall be on a form provided by the Secretary and shall contain the following
				information:
4.2.1. The name of the
				county;
4.2.2. The amount of loan
				money requested;
4.2.3. The
				proposed use of funds, including type of equipment, software, and services to
				be purchased and the quantity thereof, if applicable;
4.2.4. A statement that the county has
				obtained at least 50% of the cost of the equipment, software, and
				services;
4.2.5. The date of the
				application;
4.2.6. The signatures
				of a majority of the county's commissioners and the Clerk; and
4.2.7. Other information required by the
				Secretary.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-10 - Loan and Grant Programs Under the Help America Vote Act (HAVA) for the Purchase of Voting Equipment, Election Systems, Software, Services and Upgrades › Section 153-10-5 - Application Review and Approval Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. For the purpose of a county obtaining a
				grant from this program:
5.1.1. The Secretary
				shall notify each clerk of the option to apply for an election system grant
				from the Fund. The period to apply for a grant shall remain open for 30 days
				from the date of the notice given to the clerk.
5.1.2. No later than 10 days after the close
				of the period to apply for a grant, the HAVA Grant Board shall hold a public
				meeting at a location designated by the Secretary for the purpose of reviewing
				the properly submitted applications. The HAVA Grant Board shall vote on whether
				to approve or deny each application. In reaching its decision, the HAVA Grant
				Board should consider the following:
5.1.2.a.
				The amount requested by the applicant;
5.1.2.b. The total amount of all requests
				made by all applicants;
5.1.2.c. A
				pro rata fraction of funds available at the time of the request. The numerator
				of the fraction shall be the number of registered voters in that county, and
				the denominator shall be the total number of registered voters in the State as
				of the most recently passed federal presidential election.
5.1.3. No later than 10 days after the HAVA
				Grant Board meeting, the State Election Commission shall meet to consider the
				recommendations of the HAVA Grant Board. The State Election Commission shall
				review and decide upon the recommendations of the HAVA Grant Board. Unless the
				decision of the HAVA Grant Board is arbitrary and capricious, the
				recommendations should be adopted by the State Election Commission:
Provided,
That any clerk whose application is denied by the
				HAVA Grant Board may appear and present good cause to the State Election
				Commission as to why their application should be granted.
5.1.4. The decision of the State Election
				Commission shall be full and final.
5.1.5. Upon approval, the county and State
				Election Commission shall execute any and all necessary documents required by
				each and perform their duties accordingly.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-10 - Loan and Grant Programs Under the Help America Vote Act (HAVA) for the Purchase of Voting Equipment, Election Systems, Software, Services and Upgrades › Section 153-10-6 - Repayment of Loans

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The county
				commission shall promptly enter into a contract with the State Election
				Commission for a no-interest repayment of the loan over a period not to exceed
				five years or the length of the contract to obtain the equipment, software, or
				services, whichever is less, notwithstanding any subsequent agreement granting
				an extension pursuant to subsection 5.2.4 of this rule.
6.2. No county commission may apply for and
				receive a loan if that county commission currently has an outstanding loan from
				this fund which is in default.
6.3.
				Upon nonpayment of the loan installments by the county commission or other
				breach of the loan agreement, the Secretary may institute a civil action,
				mandamus, or other judicial or administrative proceeding to compel performance
				by the county commission.
6.4. The
				Secretary will cease any legal action upon full payment of the default amount
				by the county. The defaulting county commission is liable for any legal costs
				incurred by the Secretary in order to obtain compliance.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-10 - Loan and Grant Programs Under the Help America Vote Act (HAVA) for the Purchase of Voting Equipment, Election Systems, Software, Services and Upgrades › Section 153-10-7 - Ownership

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All equipment,
				software and services acquired through the Grant program described in section
				three of this Rule shall be purchased by the county and shall be the county's
				exclusive property. The equipment shall be solely owned by die
				county.
7.2. All equipment,
				software, and services acquired through the Loan program described in section
				four of this rule shall be purchased by the Secretary from the vendor under a
				contract and shall be immediately turned over to the county. The equipment
				shall be solely owned by the county.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-10 - Loan and Grant Programs Under the Help America Vote Act (HAVA) for the Purchase of Voting Equipment, Election Systems, Software, Services and Upgrades › Section 153-10-8 - Special Provisions During an Emergency

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Secretary, upon declaration of a
				State of Emergency or Preparedness by Governor pursuant to W. Va. Code §
									15-5-6,
				may suspend a requirement contained in this rule if the requirement cannot be
				met due to measures that are necessary to comply with federal law; measures
				that are necessary to respond to an epidemic, pandemic, or public health
				crisis; or measures that are necessary to respond to an emergency. Examples of
				requirements which may be suspended pursuant to this section include, but are
				not limited to, the following:
8.1.1. The
				application deadlines for subgrantees set forth in section five of this rule:
Provided,
That that die Secretary shall issue uniform guidance
				for die grant application and review process in die event of a statewide
				emergency;
8.1.2. The pro rata
				allocation formula set forth in section five of this rule;
8.1.3. The application review and approval
				timelines for the HAVA Grant Board set forth in section five of this rule,
				including the timeline for public meetings; and
8.1.4. Any other provision of this rule that
				the Secretary determines may delay necessary action for conducting a federal
				election during a State of Emergency.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-11 - Public Testing Of Ballot-Marking Voting Systems And Precinct Ballot-Scanning Devices › Section 153-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- To
				provide for ballot-marking voting systems and precinct ballot scanning systems
				to be publicly tested in accordance with H.B. # 2950 (2005).
1.2. Authority. -- W. Va. Code. §
									§
				3-4A-9 a and 3-4A-9b.
1.3. Filing
				Date. -- May 9, 2006.
1.4.
				Effective Date. -- May 9, 2006.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-11 - Public Testing Of Ballot-Marking Voting Systems And Precinct Ballot-Scanning Devices › Section 153-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the
				purposes of this rule:
2.1.a. "Ballot-marking
				accessible voting system" means a device which allows voters, including voters
				with disabilities, to mark an optical scanning or mark-sensing voting system
				ballot privately and independently.
2.1.b. "Precinct ballot-scanning device"
				means a device used by the voter at the precinct on election day or during
				early voting for the purpose of scanning the voter's ballot after the ballot
				has been voted but prior to depositing the ballot into the ballot
				box.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-11 - Public Testing Of Ballot-Marking Voting Systems And Precinct Ballot-Scanning Devices › Section 153-11-3 - Implementation of Ballot-Marking Accessible Voting System

Current through Register Vol. XLI, No. 28, July 12, 2024
Prior to the use of a ballot-marking accessible voting system
				  in an election, the appropriate county authorities shall publicly test the
				  equipment in accordance with WV Code §
									3-4a-13
				  and 17.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-11 - Public Testing Of Ballot-Marking Voting Systems And Precinct Ballot-Scanning Devices › Section 153-11-4 - Implementation of Precinct Ballot-Scanning Device

Current through Register Vol. XLI, No. 28, July 12, 2024
Prior to the use of a precinct ballot-scanning device in an
				  election, the device shall be publicly tested in accordance with WV Code §
									3-4a-13
				  and 17.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-11 - Public Testing Of Ballot-Marking Voting Systems And Precinct Ballot-Scanning Devices › Section 153-11-5 - Procedures Manual for Using the Precinct Ballot-Scanning Device

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. At least once
				every two years, the Secretary of State shall provide a procedures manual for
				using the precinct ballot-scanning device in an election. The manual shall
				include a step-by-step procedure to be followed in the precinct where the
				device is being used.
5.2. Election
				officials shall carry out the procedures set out in the procedures manual when
				using the precinct ballot-scanning device in an election.