WEST VIRGINIA CODE











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WVC 3 - 1 A- 5

§3-1A-5. Powers and duties of commission; legislative rules.

     (a) The commission has the power and duty to approve or

disapprove applications for approval of any voting machine as

provided in section seven, article four of this chapter.

     (b) The commission also shall serve as a body advisory to the

Secretary of State, and, as such, shall have the following powers

and duties:

     (1) To recommend policies and practices pertaining to the

registration of voters and the conduct of elections generally;

     (2) To review the work of the office of Secretary of State

pertaining to the duties of that office with respect to elections,

and for this purpose to have access at reasonable times to

pertinent records, books, papers and documents;

     (3) To consider and study the election practices of other

jurisdictions, with a view to determining the techniques used in

eliminating fraud in elections and in simplifying election

procedures;

     (4) To advise or make recommendations to the Governor relative

to election practices and policy in the state;

     (5) To advise the Secretary of State on carrying out the

duties to which he or she is assigned pursuant to the West Virginia

Supreme Court of Appeals Public Campaign Financing Program,

established in article twelve of this chapter;

     (6) To carry out the duties assigned to the commission by the

West Virginia Supreme Court of Appeals Public Campaign Financing t Program, established in article twelve of this chapter; and

     (7) To keep minutes of the transactions of each meeting of the

commission, which shall be public records and filed with the

Secretary of State.

     (c) It is the commission's further duty to prepare and

distribute in its name, within available appropriations and upon

the recommendation of the Secretary of State, nonpartisan

educational material to inform voters of the importance of voting,

to encourage voters to vote, to inform voters of election laws and

procedures, and to inform voters of the effect of any public

question, Constitutional amendment or bond issue that is to be

voted upon by all the voters of the state and that has been

authorized to be placed upon the ballot by the Legislature, and

manuals to assist county commissions, ballot commissioners, circuit

and county clerks and other election officials in the proper

performance of their duties in the conduct of elections.

     (d) The commission shall propose for promulgation emergency

and legislative rules, in accordance with article three, chapter

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

make effective the administration of article eight of this chapter,

and may propose for promulgation other rules, in accordance with

article three, chapter twenty-nine-a of this code, relating to the

conduct and administration of elections as the commission

determines to be advisable.

     (e) Meetings of the commission conducted for the purpose of confirming the eligibility of individual candidates to receive

public campaign financing under the West Virginia Supreme Court of

Appeals Public Campaign Financing Fund are expressly exempted from

the public notice and public meeting requirements of article

nine-a, chapter six of this code.





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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.