reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-7 - Special Canvassing Procedures for Elections Conducted with Electronically Tabulated Ballots; Hand Counting Three Percent (3%) of Precincts

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The board of
				canvassers shall tally by hand the ballots of a number of precincts equal to
				three percent of the total number of precincts in the jurisdiction, not fewer
				than one precinct, and with fractions rounded to the nearest whole number, as
				in the following table.
When the total precincts equal:
Count the ballots of:
1 - 33
One precinct
34 - 66
Two precincts
67 - 100
Three precincts
101 - 133
Four precincts
134 - 166
Five precincts
167 - 200
Six precincts
7.2.
				The board shall identify the precincts to be counted by random selection, such
				as by drawing, and may not arbitrarily select.
7.3. In order to reduce the potential for
				error, the tally should be made with two persons reading out the votes cast on
				each ballot, and two other should separately record the votes read.
7.4. After the hand count of each precinct is
				recorded, the board shall compare the recorded tallies with the tabulated
				results of the same precincts.
7.5.
				If the difference between the tabulated results of the randomly selected
				precincts and the hand counted results of the same ballots is more than 1% of
				the total votes cast, all precincts must be hand counted.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-8 - Declaring the Results

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. After
				the canvassing procedures have been completed for all precincts, the board
				shall re-total the votes cast for each candidate and for or against every
				issue. The board shall then declare the resulting totals and enter each total
				into the record of the canvass.
8.2. The board shall also announce the place
				and time, which shall be scheduled at least forty-eight (48) hours after the
				declaration, of the meeting at which the results will be certified if no
				recount is requested, and shall then adjourn until that time.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-9 - Certifying the Results

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If no
				recount is demanded according to the requirements of law, the board shall
				prepare duplicate certificates for a primary election for each office and each
				party, and for the general election for each office and ballot issue, with the
				total votes for each candidate or question entered in words and numbers on the
				certificates. In the general election, the certificates for federal, statewide,
				legislative and judicial offices shall be prepared in triplicate
				originals.
9.2. The board shall
				take official action to certify the results of the election, and each member of
				the canvassing board shall sign each certificate.
9.3. The board of canvassers shall transmit
				certificates for a primary election within thirty (30) days from the election,
				or within thirty (30) days from the completion of a recount if one is
				requested, as follows:
9.3.a. One of each
				original shall be filed with the election records of the county commission, or
				of the municipal governing board for a municipal primary election.
9.3.b. For candidates on the ballot only
				within the county, including single county districts, county offices and county
				executive committee, one of each original shall be filed with the clerk of the
				circuit court, and one copy of each shall be filed with the Secretary of
				State.
9.3.c. For candidates on the
				ballot in more than one county, one of each original shall be filed with the
				Secretary of State.
9.3.d. For
				issues on the ballot, one of each original shall be filed with the Secretary of
				State.
9.3.e. Upon request of the
				chairman of the political party executive committee of the county, a
				certificate showing the number of votes received by each of the candidates of
				the party in the county or any magisterial district therein.
9.3.f. For municipal elections, one of each
				original shall be filed with the municipal recorder or clerk.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-10 - Preparing for a Recount

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				If a recount is requested by any candidate, the board of canvassers shall
				proceed to certify the results for all offices and issues not subject to the
				recount request.
10.2. For any
				office in which a recount has been properly requested and a bond posted, the
				board shall immediately schedule a date for the recount to begin, which shall
				be no earlier than three days after the notices are served.
10.3. The board shall prepare the proper
				notices for the recount proceeding and make arrangements with the sheriff to
				serve the notices on each of the other candidates in the race in which the
				recount has been requested within twenty-four (24) hours following the meeting
				held for the purpose of certifying the election.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-11 - Preparing for a Recount

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				If a recount is requested by any candidate, the board of canvassers shall
				proceed to certify the results for all offices and issues not subject to the
				recount request.
11.2. For any
				office in which a recount has been properly requested and a bond posted, the
				board shall immediately schedule a date for the recount to begin, which shall
				be no earlier than three days after the notices are served.
11.3. The board shall prepare the proper
				notices for the recount proceeding and make arrangements with the sheriff to
				serve the notices on each of the other candidates in the race in which the
				recount has been requested within twenty-four (24) hours following the meeting
				held for the purpose of certifying the election.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-19 - Procedures For Filing For Authorization To do business By Voluntary Associations And Business Trusts › Section 153-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule provides guidelines by which applications by business trusts and voluntary
				organizations to do business in West Virginia will be handled.
1.2. Authority. -- W. Va. Code ''47-9A-1 et
				seq. and 31-1-67
1.3. Filing Date.
				-- January 13, 1989.
1.4. Effective
				Date. -- February 13, 1989.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-19 - Procedures For Filing For Authorization To do business By Voluntary Associations And Business Trusts › Section 153-19-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Business
				Trust. A voluntary association established for the purposes of doing business
				of carrying out a business transaction pursuant to the terms and provisions of
				a declaration or trust or any other agreement of association.
2.2. Massachusetts Trust. Any business trust
				formed under the agreements commonly designated as a Massachusetts
				Trust.
2.3. Voluntary Organization.
				Any association formed for the purposes of doing business in West
				Virginia.
2.4. Any of these
				organizations which purchases, acquires, holds, disposes, encumbers or any
				other way holds real or personal property in the state must register with the
				Secretary of State and the county clerk of the county in which the property is
				located.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-19 - Procedures For Filing For Authorization To do business By Voluntary Associations And Business Trusts › Section 153-19-3 - Filing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any
				organization defined in '47-9A-1 of the code shall follow the following
				procedure:
3.1.1. The declaration of trust or
				articles of agreements shall be filed. This document shall include:
a. name(s) of the parties involved
b. address of organization
c. a clause stating the purpose(s) of the
				organization
d. a clause providing
				that all parties agree to abide by the laws of the State of West Virginia
e. signature(s) and address(es) of
				the parties involved
f.
				appropriate notarial acknowledgement of this signature
g. person to whom notice of process is to be
				sent.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-20 - Procedures for Recount of Election Results › Section 153-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				rule details procedures for the board of canvassers for completing a recount of
				results of elections conducted with paper ballots or electronically tabulated
				ballots, including optical scan ballots.
1.2. Authority. -- W. Va. Code §
									3-1A-6.
1.3. Filing Date. -- April 10,
				2015.
1.4. Effective Date. -- June
				1, 2015.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-20 - Procedures for Recount of Election Results › Section 153-20-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board of
				canvassers" or "board" means:
2.1.a. The
				county commission of each county for any statewide primary, general or special
				election held throughout the county, and for any other election conducted in
				conjunction with a statewide election using the same precincts and election
				officials;
2.1.b. The county
				commission of the affected county for any special election ordered by the
				Commission and held throughout all or part of that county, for any other
				election conducted in conjunction with that county election using the same
				precincts and election officials and for any special levy or bond election
				ordered by the county board of education or other governing board or a special
				election ordered by the county board of education or other governing board and
				not held in conjunction with any other election conducted by the county
				commission; or
2.1.c. The municipal
				governing body for any primary, general or special election conducted by the
				municipal governing body entirely within the city and not held in conjunction
				with any county or state election.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-20 - Procedures for Recount of Election Results › Section 153-20-3 - Requesting a Recount

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The person
				requesting a recount for an elected office must be a candidate for the elected
				office in which the recount is requested. The person requesting a recount for a
				special issue election must be a voter of the jurisdiction of the election.
3.1.a. The request for a recount shall
				include all precincts covered by that election unless the person filing the
				request specifies otherwise.
3.1.b.
				If the candidate filing the request specifies only specific precincts to be
				recounted, that candidate cannot afterwards add other precincts to the list to
				be recounted.
3.1.c. The person
				filing the request, or preserving his or her right to demand a continuation of
				the recount, may specify precincts which are not to be hand-counted. Any
				precinct recounted which was not to be hand-counted, will be recounted by
				processing the votes as required by W.Va. Code §§
										3-4A-27
				and
				3-6-9.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-20 - Procedures for Recount of Election Results › Section 153-20-4 - Preparation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If a recount
				is requested, the governing body constituting the board of canvassers shall
				certify the results for all offices and issues not subject to the recount at
				the end of the forty-eight (48) hour period following the
				declaration.
4.2. The clerk of the
				county commission for recounts conducted by the county commission or the
				municipal clerk or recorder for recounts conducted by the municipal governing
				body, shall assist the board.
4.3.
				The officers having custody of the materials of the election shall bring before
				the board at the appropriate time the paper ballots, the electronically
				tabulated ballots and the record of the tally of votes for all election
				precincts.
4.4. For a recount
				conducted by the county commission , the canvass shall be held at the county
				courthouse
or designated annex
.
4.5. For a recount conducted by a municipal
				governing body, the recount shall be held at city hall.
4.6. Employees of the county commission or
				county clerk may assist or other persons may be employed to assist in the
				recount.
4.6.a. No candidate or member of his
				or her immediate family may assist in the recount.
4.6.b. No member of a governing board which
				requested a special issue election or any member of a board member's immediate
				family may assist in the recount.
4.6.c. No voter requesting the recount of a
				special issue election or member of his or her immediate family may assist in
				the recount.
4.6.d. All persons
				participating in the recount proceedings shall work in teams of two (2) persons
				of opposite political parties, shall be deputized in writing and shall take an
				oath that they will faithfully perform their duties.
4.6.e. All procedures shall be conducted
				under the supervision of a quorum of the board.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-20 - Procedures for Recount of Election Results › Section 153-20-5 - Notification of Recount

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				recount notice shall be served in the forty-eight (48) hour period beginning at
				the end of the recount request period.
5.1.a.
				The recount notice shall state the date, time and place of the
				recount.
5.1.b. The recount notice
				shall advise candidates who did not request a recount that, in order to
				preserve their right to continue the recount when stopped, notice preserving
				their right must be filed within twenty-four (24) hours of the time of service
				of the recount notice.
5.1.c. The
				date may not be sooner than three (3) days after the recount notice is
				delivered.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-20 - Procedures for Recount of Election Results › Section 153-20-6 - Conducting the Recount

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A quorum
				of the board of canvassers, shall be present at all times during the recount of
				the ballots and the recount shall be conducted under their supervision.
6.1.a. If a quorum of the board of canvassers
				is not present, the recount shall stand adjourned until the next business
				day.
6.1.b. If the recount cannot
				be completed in one day, the board shall adjourn until the next business day,
				and so on from day to day until the recount is completed and the results
				declared.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-20 - Procedures for Recount of Election Results › Section 153-20-7 - Order of Recount Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. For all recounts of election, the board
				shall proceed as outlined in sections 3, 4, 5, 6, 7 and 8 of this
				rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-20 - Procedures for Recount of Election Results › Section 153-20-8 - Recount by Step Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Secretary of State shall provide a step procedures manual for the recount of an
				election's votes cast in an elected office or special issue. The manual shall
				be used by each governing body responsible for recount procedures.
8.1.a. The manual shall include detailed
				descriptions of the steps required to review, correct and officially record the
				results of a designated election office in an election.
8.1.b. The manual shall include worksheets
				for the board to record their recount procedures and the findings for each
				precinct recounted.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-20 - Procedures for Recount of Election Results › Section 153-20-9 - Certifying the Results

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				recount is not complete until the board seals the ballots in a suitable
				container with their endorsement and delivers them to the care of the county or
				municipal clerk.
9.2. Upon
				completion of the recount as described in subsection 9.1. of this rule, the
				board shall take official action to certify the result of the elected office
				recounted as it is determined by the recount.
9.3. The board shall prepare duplicate
				certificates for a primary election for each elected office considered by the
				recount with total votes for each candidate in the recounted office. The
				certificates shall be in words and nubmers. In a general election, the
				certificates for federal, statewide, legislative and judicial offices shall be
				prepared in triplicate originals.
9.4. Each member of the board shall sign each
				certificate.
9.5. The board of
				canvassers shall prepare and transmit the certificaes for elected offices and
				special issues involved in the recount as directed in W. Va. Code
				§§3-610 and 3-6-11.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-21 - Election Law Violations Complaint Process › Section 153-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - These
				rules establish the procedure for filing, investigation, and resolution of
				elections law violation complaints. These provisions do not apply to elections'
				recounts or contesting an election outcome and are not a substitute for the
				provisions provided by West Virginia Code for those processes.
1.2. Authority. -- W. Va. Code §§
									3-1-50
				and 3-lA-6(b).
1.3. Filing Date. "
				August 30, 2013.
1.4. Effective
				Date. - September 30, 2013.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-21 - Election Law Violations Complaint Process › Section 153-21-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Alternate
				dispute resolution" means the procedure for resolving any complaint which has
				not been resolved by the Secretary within ninety days of receipt of the
				complaint.
2.2. "Complaint" means
				any notarized report, on forms provided by the Secretary of State, sworn to and
				signed by an individual, alleging a violation of the provisions of West
				Virginia Code, Chapter Three, which has occurred, is occurring, or is about to
				occur.
2.3. "Complaint procedure"
				means the state-based administrative complaint filing and resolution process
				required by W. Va. Code §
									3-1-50.
				This process does not apply to election recounts or election result contests. A
				complainant who wishes to challenge the validity of a primary, general, or
				special election, or to determine the validity of a ballot or vote must seek
				relief as otherwise provided by law.
2.4. "Complainant" means the person who has
				filed the formal complaint.
2.5.
				"Final determination" means the decision of the Secretary of State or State
				Elections Commission regarding the validity, timeliness, and appropriateness of
				the complaint and, if found to be so, whether a report should be filed with the
				prosecuting attorney who has jurisdiction over the criminal violations
				suggested by the investigation of the complaint.
2.6. "Hearing" means an administrative
				process before a hearing officer or representative designated by the Secretary
				of State conducted to permit the presentation of evidence regarding the alleged
				violation.
2.7. "Hearing Officer"
				means the person designated by the Secretary of State to conduct the hearing,
				administer oaths, receive testimony, documentary and other evidence.
2.8. "Publish the results" means a written
				notice by the Secretary provided to the complainant and respondent that there
				has been no violation and the complaint has been dismissed.
2.9. "Receipt of complaint" means the day on
				which the Secretary of State actually receives the fully completed complaint
				form regardless of how submitted.
2.10. "Receive" means the date actually
				received by the party but is presumed to have been received no later than four
				(4) working days after mailing by the Secretary.
2.11. "Respondent" means the person accused
				of wrongdoing, or some other violation, in the complaint.
2.12. "Working day" means a day when the
				Secretary of State's office is open to the public.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-21 - Election Law Violations Complaint Process › Section 153-21-3 - Complaint Filing

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Prescribed
				Forms.
3.1.1. Any complaint filed with the
				Secretary of State must be in writing and on a prescribed form provided by the
				Secretary;
3.1.2. The prescribed
				form is available on the website of the Secretary and may also be obtained by
				calling or writing the offices of the Secretary of State and requesting a
				form.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-21 - Election Law Violations Complaint Process › Section 153-21-4 - Complaint Where Secretary Is Respondent Or Has Conflict Of Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If the
				complaint alleges that the Secretary, personally but not in his or her official
				capacity, is a named respondent or is otherwise conflicted, then the Secretary
				may refer the complaint to the Attorney General for resolution. The Attorney
				General shall follow the procedures set forth in sections 5 and 6 of this
				rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-21 - Election Law Violations Complaint Process › Section 153-21-5 - Complaint Investigation Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Within ten (10) working days of receipt
				of the complaint the Secretary shall have reviewed the nature of the complaint
				and shall have determined whether the complaint has met the jurisdictional
				requirements of subsection 3.2.1.i.
5.1.1. If
				the Secretary determines that no jurisdiction exists, the Secretary shall
				dismiss the complaint and notify the complainant of the action.
5.1.2. If the Secretary determines that
				jurisdiction over the complaint may exist, the Secretary shall provide notice
				describing the allegations in the complaint, but not the identity of the
				complainant, to any respondent.
5.1.3. If the Secretary determines that the
				complaint involves an investigation contemplated by W. Va. Code §§
										3-8-8(0
				or 3-1B-4, the Secretary shall notify the requesting party that the complaint
				has been referred to the State Election Commission.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-21 - Election Law Violations Complaint Process › Section 153-21-6 - Complaint Hearing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Except for those investigations
				contemplated by W. Va. Code §§
									3-8-8(e)
				and
				3-1B-4,
				a complainant may request a hearing.
6.1.1. A
				request by the complainant for a hearing may be submitted with the complaint
				form filed with the Secretary.
6.1.2. A request for hearing by the
				complainant must be filed no later than ten (10) working days after the filing
				of the complaint.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-21 - Election Law Violations Complaint Process › Section 153-21-7 - Alternate Dispute Resolution Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If the Secretary cannot resolve the
				complaint within ninety (90) days of filing, or at the conclusion of any
				additional time agreed to by the complainant, the Secretary shall provide an
				alternate means for resolving the complaint.
7.2. The alternate dispute resolution shall
				resolve the complaint within sixty (60) days of the end of the original ninety
				(90) day deadline.
7.3. No later
				than five (5) days after the end of the ninetieth (90*) day following receipt
				of the complaint, if additional time has not been agreed to by the complaining
				party, the Secretary shall schedule a meeting of the State Election Commission
				to address the complaint.
7.4. The
				Commission shall be provided with copies of all documentary information, the
				complaint form, any other non-privileged materials, and the hearing officer's
				summary of evidence (if a hearing had been conducted) obtained as a result of
				the investigation to that point.
7.5. By majority vote, the Commission shall
				resolve, in one of the ways provided by section 5.4 of this regulation, the
				complaint within the sixty (60) day resolution requirement.
7.6. The decision of the Commission is final
				and is not subject to appeal.
RESPONSE TO PUBLIC COMMENTS ELECTIONS LAW VIOLATIONS
				  COMPLAINT PROCESS
No comments suggesting amendment to the proposed rule
				  were received.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-22 - Filing Procedures for Political Party Executive Committee Membership Lists › Section 153-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule establishes a uniform procedure for political party executive
				committees to file membership lists with the Secretary of State as required by
				W. Va. Code §
									3-1-9(g).
1.2. Authority. -- W. Va. Code §§
									3-1-9(g)
				and
				29A-3-3.
1.3. Filing Date. -- July 27, 2022
1.4. Effective Date. -- August 26,
				2022
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-22 - Filing Procedures for Political Party Executive Committee Membership Lists › Section 153-22-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Membership
				list" means a full listing of a political party's current executive committee
				membership for any political district, which shall include the information
				required by section 5 of this Rule. Pursuant to W. Va. Code §
									3-1-9,
				all information included in a membership list is public information and not
				exempt from the West Virginia Freedom of Information Act (W. Va. Code §
									29B-1-1
et seq
.).
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-22 - Filing Procedures for Political Party Executive Committee Membership Lists › Section 153-22-3 - Initial Membership List Filling and Appointment Procedure Following an Election; Failure to File

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3.1.
				This section only applies to executive committee membership list filing and
				vacancy appointments made immediately following a regularly scheduled election.
				For all other executive committee membership changes occurring after the
				initial filing of a membership list, follow the procedures set forth in section
				4
et seq
. of this Rule.
3.2. By no later than July 31 immediately
				following the certification of a regularly scheduled election for an executive
				committee, the newly elected executive committee shall file an initial
				membership list with the Secretary of State.
3.3. If the new executive committee filled
				any vacancies in its membership existing immediately after the election
				pursuant to W. Va. Code §
									3-1-9(g),
				the executive committee shall submit with its initial membership list an
				appointment form for each appointee.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-22 - Filing Procedures for Political Party Executive Committee Membership Lists › Section 153-22-4 - Deadline for Filing Updated Political Party Executive Committee Membership Lists and Required Forms with the Secretary of State; Effect of Late Submission or Incomplete Filing

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4.1. Pursuant to W. Va. Code §
									3-1-9(g),
				a current listing of all political party executive committees' members shall be
				filed with the Secretary of State by:
4.1.1.
				The end of July of each year; and
4.1.2. Within 10 days of a change in
				executive committee membership. A change occurs when a person is appointed to
				fill a vacancy on the executive committee, or when an executive committee
				member's seat is vacated.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-22 - Filing Procedures for Political Party Executive Committee Membership Lists › Section 153-22-5 - Forms and Required Information for Membership Lists

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5.1. Updated membership lists shall be
				submitted on the form prescribed by the Secretary of State.
5.2. Membership lists, appointment forms, and
				resignation letters may be filed with the Secretary of State in electronic form
				via email or fax, U.S. mail, or hand delivery. The date of filing shall be the
				electronic timestamp for an email or fax, postmark or postage meter date for
				U.S. mail, or the date of hand delivery, as the case may be.
5.3. A membership list filed with the
				Secretary of State shall include all of the information required by W. Va. Code
				§
									3-1-9(g)
				for each current executive committee member, which is as follows:
5.3.1. Member's full name;
5.3.2. Member's gender;
5.3.3. District member resides in;
5.3.4. County member resides in;
5.3.5. Member's full address;
5.3.6. Member's telephone number;
5.3.7. Member's employer;
5.3.8. Method of member's selection (election
				or appointment); and
5.3.9. Date of
				election or appointment.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-24 - Numbered Divisions For The Election Of Circuit Judges › Section 153-24-1 - General

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1.1. Scope. -- To
				make uniform the implementation of W. Va. Code '3-1-17
				requiring that judges in multi-judge circuits be elected within numbered
				divisions each including only one judge.
1.2. Authority. -- W. Va. Code ''3-1A-6,
				3-1-17
1.3. Filing Date. -- April
				22, 1996.
1.4. Effective Date. --
				June 7, 1996.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-24 - Numbered Divisions For The Election Of Circuit Judges › Section 153-24-2 - Designation of Numbered Divisions

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2.1. Each judicial circuit shall contain as
				many divisions as there are judges within the circuit as established by W. Va.
				Code '51-2-1.
2.2. Within each circuit having more than one
				judge, the divisions shall be designated as in the following examples:
2.2.1. Full designation: 1st Judicial
				Circuit, 2nd Division
2.2.2. Short
				form: 1st Circ., 2nd Div.
2.2.3.
				Abbreviation: Circ. 1/2
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-24 - Numbered Divisions For The Election Of Circuit Judges › Section 153-24-3 - Nomination of Circuit Judges in Numbered Divisions

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3.1. Certificate of candidacy.
3.1.1. Each person seeking nomination to the
				office of judge of the circuit court shall file a certificate of candidacy in
				the time, manner and place required by W. Va. Code '3-5-7,
				and shall pay the filing fee or file the petition in lieu of filing fee as
				required by W. Va. Code ''3-5-8 and 3-5-8a.
3.1.2. On the certificate of announcement,
				the candidate shall state the numbered division of the judicial circuit which
				he or she is seeking, except in circuits having only one judge.
3.1.3. Any certificate of announcement for
				judge in a multi-judge circuit shall not be deemed to have been properly filed
				unless a circuit and a single numbered division within the circuit is clearly
				designated as the division sought. The secretary of state or the board of
				ballot commissioners, as the case may be, shall not certify the candidacy of
				any person who fails to designate a circuit and a single division.
3.1.4. No candidate for circuit judge shall
				be permitted to be a candidate for office in more than one division, as
				required by W. Va. Code '3-5-7(f).
a. A candidate who files two (2) or more
				certificates of announcement designating different divisions and pays the
				required filing fee for each different division shall not be eligible to be
				certified as a candidate for any division unless a signed notarized statement
				of withdrawal from all but one designated division is filed no later than the
				close of candidate filing. All filing fees are non-refundable.
b. The secretary of state, or circuit clerk,
				as the case may be, shall immediately reject and return the filings of a
				candidate who simultaneously files two (2) or more certificates of announcement
				designating different divisions accompanied by a single filing fee.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-24 - Numbered Divisions For The Election Of Circuit Judges › Section 153-24-4 - Election of Circuit Judges in Numbered Divisions

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4.1. Only candidates who have filed a proper
				certificate of announcement within the time required and who have been
				nominated in the primary election or by petition shall be certified for
				placement on the general election ballot.
4.2. The board of canvassers shall, in
				issuing the certificate of results of the general election, designate the
				judicial circuit, the numbered division, the candidates for judge within that
				division and the votes received in words and numbers.
4.3. The governor shall, upon ascertaining
				the results within each numbered division, proclaim the results of the election
				and thereafter proclaim those judges duly elected.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-24 - Numbered Divisions For The Election Of Circuit Judges › Section 153-24-5 - Continuity of Numbered Divisions

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5.1. The numbered divisions as designated
				shall continue to be so designated for election purposes.
5.2. Provisions relating to the designation
				of chief judge or the assignment of terms of court within various counties
				within a circuit are not affected by the designation of divisions.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-26 - Official Election Forms And Vendor Authorization › Section 153-26-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule relates to the forms prescribed for use in all elections
				conducted in the State of West Virginia pursuant to W. Va. Code '3-1-1, et
				seq.
1.2. Authority. -- W. Va. Code
				'3-1A-6.
1.3. Filing Date. -- April 22,
				1996.
1.4. Effective Date. -- June
				1, 1996.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-26 - Official Election Forms And Vendor Authorization › Section 153-26-2 - Definitions

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2.1. "Election
				official" means any office holder, government employee or individual who has
				been delegated responsibilities or duties in the conduct or administration of
				elections by the provisions of Chapter 3 or any other provision of the West
				Virginia Code.
2.2. The term
				"official" in reference to a specific type of election form shall have the same
				meaning as it does in the definition below for official election
				form.
2.3. "Official election form"
				means any form that is required for use in the election process by the
				provisions of Chapter 3 or any other provision of West Virginia Code and that
				has been formally prescribed or approved by the Secretary of State. Official
				election forms include, but are not limited to, voter registration forms and
				receipts, certificates of announcements, financial statements, oaths,
				certificates of results, certificates of returns and all forms and printed
				instructions used in the conduct of elections at the polls.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-26 - Official Election Forms And Vendor Authorization › Section 153-26-3 - Official Election Forms Prescribed; Issuance of Forms Prohibited, Acceptance of Forms

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3.1. Election
				officials shall purchase, use or issue only the official election forms which
				have been prescribed or approved by the Secretary of State, except for internal
				procedures or local use, and shall not purchase, use or issue unauthorized
				forms.
3.2. Beginning on the
				effective date of this rule, election officials shall not purchase, use or
				issue any official form which:
3.2.1. Does not
				meet the requirements of the law or this rule; or
3.2.2. Is a previously prescribed form for
				which a more recently amended form has been issued.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-26 - Official Election Forms And Vendor Authorization › Section 153-26-4 - Approval of Official Forms Offered for Sale by Vendors

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4.1. Any vendor which offers for sale to
				election officials any official form other than a form issued by the Secretary
				of State may apply for approval of those forms.
4.1.1. To obtain approval, the vendor shall
				submit two copies of each form to the Secretary of State with a request for
				approval.
4.1.2. The Secretary of
				State shall approve, disapprove or specify corrections needed for the form
				within days (30) days after receipt of the request for approval.
4.1.3. For those official election forms not
				required by law to be prescribed by the Secretary of State, the Secretary of
				State shall approve the form submitted if it is in compliance with the
				requirements of the law and this rule, reasonably easy to use and in a format
				which is readable and contains sufficient space to allow information requested
				on the form to be entered.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-26 - Official Election Forms And Vendor Authorization › Section 153-26-5 - Duties of the Secretary of State

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5.1. The Secretary of State shall authorize
				official election forms for use by all election officials and shall maintain a
				list of and sample copies of all authorized forms.
5.2. Only forms which satisfy the prescribed
				statutory requirements shall be authorized by the Secretary of State as the
				official election forms. The Secretary of State may also require that the
				official election forms contain requests for any additional information that
				the Secretary of State considers necessary to standardize and make effective
				the administration of the provisions of Chapter 3 or any other provision of the
				West Virginia Code, so long as the additional requirements do not conflict with
				the provisions of Chapter 3 or any other provision of the West Virginia
				Code.
5.3. Upon request, the
				Secretary of State shall furnish one sample copy of any currently authorized
				form along with the date of the forms issuance.
5.4. The Secretary of State shall amend any
				official election form when it is necessary to conform the form with statutory
				requirements or when necessary to standardize or make effective the
				administration of the provisions of Chapter 3 or any other provisions of the
				West Virginia Code.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-27 - Procedures for Handling Ballots and Counting Write-In Votes in Counties Using Optical Scan Ballots › Section 153-27-1 - General

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1.1. Scope. -- This
				rule provides guidelines for the counting of write-in votes in counties that
				use the optical scan ballot systems.
1.2. Authority. -- W Va. Code §§
									3-1A-6,
				3-4A-27,
				3-6-4a,
				and
				3-6-5.
1.3. Filing Date. -- May 7, 2018.
1.4. Effective Date. -- May 7,
				2018.
1.5 This rule shall terminate
				and have no further force or effect on May 7, 2028.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-27 - Procedures for Handling Ballots and Counting Write-In Votes in Counties Using Optical Scan Ballots › Section 153-27-2 - Definitions

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2.1. "Attempted
				write-in vote" means any mark in a write-in voting position on a ballot or any
				writing, stamping or attaching by sticker of a name in the position provided
				for write-in votes to be entered for the voting system.
2.2. "Central counting center" means the room
				in the county courthouse where the ballot boxes are opened and the ballots
				processed and tabulated on election night.
2.3. "Inspection team" or "ballot box team"
				means two persons, one from each major political party, appointed and deputized
				according to §
									3-4A-27
				by the clerk of the county commission for the purpose of opening ballot boxes
				and verifying the statement of ballots used.
2.4. "Official write-in candidate" means one
				who has filed a write-in candidate's certificate of announcement and has been
				certified according to the provisions of W. Va. Code §
									3-6-4a.
2.5. "Overvote" means a combination of votes
				for an office which results in the voter casting more votes for that office
				than there are persons to be elected. For example, a person who marks one party
				nominee and also casts an attempted write-in vote for the same office and only
				one person is to be elected has "overvoted," whether or not the write-in vote
				can be counted.
2.6. The "proper
				location for entering a write-in vote" shall mean:
2.6.1. for optical scan systems, on or near
				the blank line labeled "WRITE-IN, IF ANY" positioned under the office for which
				the vote is cast.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-27 - Procedures for Handling Ballots and Counting Write-In Votes in Counties Using Optical Scan Ballots › Section 153-27-3 - Casting and Counting Write-in Votes

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3.1. Valid write-in votes may be cast and
				counted for the election for any official write-in candidate for election to an
				office or party position other than Delegate to National Convention, but not
				for the nomination of any candidate. Write-in votes for any person or name
				other than an official write-in candidate shall be disregarded.
3.2. An attempted write-in vote shall be
				counted when the write-in counting team or resolution team finds the vote meets
				the conditions of a "valid write-in vote" as defined in Section 2.8 of this
				rule, as well as the provisions of W. Va. Code §
									3-6-5,
				and does not create an overvote for the office.
3.3. Acceptable means of making a write-in
				vote include printing or writing with pen or pencil, imprinting with an inked
				rubber stamp, and attaching a sticker or gummed label.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-27 - Procedures for Handling Ballots and Counting Write-In Votes in Counties Using Optical Scan Ballots › Section 153-27-4 - Procedures for Optical Scan Ballots

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4.1. The clerk of the county commission shall
				appoint the following teams of persons to process ballots at the central
				counting center:
4.1.1. As many inspection
				teams as are needed to efficiently sort the incoming ballots and complete the
				procedures for all precincts in the county;
4.1.2. As many write-in counting team as are
				needed to efficiently review the ballots containing attempted write-in votes
				and to complete the procedures for all precincts in the county.
4.1.3. One or more resolution teams as needed
				to efficiently complete the procedures and prevent delays in completing the
				tabulation for all precincts in the county.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-28 - Agencies Designated To Provide Voter Registration Services › Section 153-28-1 - General

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1.1. Scope - To
				designate those agencies and programs required to provide voter registration
				according to the provisions of the W. Va. Code §
									3-2-13.
1.2. Authority - W. Va. Code §§
									3-1A-6
				and
				3-2-13.
1.3. Filing Date -- May 16, 2005.
1.4. Effective Date -- May 16,
				2005.