§3-1A-6. Powers and duties of Secretary of State; exercise of powers by appointees


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 1 A- 6

§3-1A-6. Powers and duties of Secretary of State; exercise of

powers by appointees.

(a) The Secretary of State shall be the chief election

official of the state. Except for those rules required by the

provisions of section five of this article to be promulgated by the

commission, the Secretary of State shall have the authority, after

consultation with the State Election Commission, of which he or she

is a member, to make, amend and rescind such orders and to

promulgate legislative rules, in accordance with the provisions of

chapter twenty-nine-a of this code, as may be necessary to

standardize and make effective the provisions of this chapter. All

election officials, county commissions, clerks of county

commissions, clerks of circuit courts, boards of ballot

commissioners, election commissioners and poll clerks shall abide

by any orders that may be issued and any legislative rules that may

be promulgated by the Secretary of State and the commission.

(b) The Secretary of State also shall have authority to

require collection and report of statistical information and to

require other reports by county commissions, clerks of county

commissions and clerks of circuit courts.

(c) The Secretary of State shall also advise with election

officials; furnish to the election officials a sufficient number of

indexed copies of the current election laws of West Virginia and

the administrative orders and rules issued or promulgated

thereunder; investigate the administration of election laws, frauds and irregularities in any registration or election; report

violations of election laws to the appropriate prosecuting

officials; and prepare an annual report.

(d) The Secretary of State shall also have the power to

administer oaths and affirmations, issue subpoenas for the

attendance of witnesses, issue subpoena duces tecum to compel the

production of books, papers, records, registration records and

other evidence and fix the time and place for hearing any matters

relating to the administration and enforcement of this chapter, or

the rules promulgated by the State Election Commission or by the

Secretary of State as the chief election official of the state. In

case of disobedience to a subpoena or subpoena duces tecum, he or

she may invoke the aid of any circuit court in requiring the

attendance, evidence and testimony of witnesses and the production

of papers, books, records, registration records and other evidence.

(e) (1) The Secretary of State shall also have the power,

after consultation with the Secretary of the Department of Military

Affairs and Public Safety, to implement emergency procedures and

rules to ensure that all eligible voters have the opportunity to

cast a valid ballot and to uphold the integrity of an election in

the event of natural disaster as declared by the Governor of this

state, terrorist attack, war or general emergency, if any of which

occur during or immediately preceding an election.

(2) For purposes of this subsection, a "general emergency"

means circumstances preventing the casting of ballots in one or more voting precincts. The chief judge of the circuit court of the

county where the casting of ballots is being prevented must declare

by order that a general emergency exists."

(f) All powers and duties vested in the Secretary of State

pursuant to this article may be exercised by appointees of the

Secretary of State at his or her discretion, but the Secretary of

State shall be responsible for their acts.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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