West Virginia SB 548: Authorizing county commissions to pay election officials

Bill Text

SB 548 Text

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Enrolled Version - Final Version

« Senate Bill 548 History

OTHER VERSIONS — 

Committee Substitute (1)
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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

Enrolled

Committee Substitute

for

Senate Bill 548

Senators Jeffries, 
Baldwin, Beach, Drennan, Facemire, Gaunch, Ojeda, Plymale, Prezioso, Romano, 
Smith, Stollings, Swope, and Cline, original sponsors

[Passed March 9, 2018; in effect from passage]

AN ACT to amend and reenact §3-1-44 and §3-1-48 of the 
Code of West Virginia, 1931, as amended, all relating generally to the conduct 
of elections; authorizing compensation for election officials be fixed by 
county commission; requiring all election officials within a classification to 
be paid the same amount within each county; authorizing Secretary of State to 
set maximum compensation rates in certain elections where costs are determined 
to be obligations of the state; declaring compensation above maximum 
compensation set by Secretary of State in certain elections to be county 
obligation; permitting State Election Commission, with recommendation from HAVA 
Grant Board and consistent with legislative rules of the program, approve grant 
to a county for the purchase of election systems or upgrades from the county 
assistance voting equipment fund; and directing Secretary of State issue emergency 
rules setting criteria for issuance of grants.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 1. GENERAL 
PROVISIONS AND DEFINITIONS.

§3-1-44. Compensation of 
election officials; expenses.

(a) Each ballot 
commissioner is to be paid a sum, to be fixed by the county commission, for 
each day he or she serves as ballot commissioner, but in no case may a ballot 
commissioner receive allowance for more than 10 days’ services for any one 
primary, general, or special election.

(b) Each commissioner of 
election and poll clerk is to be paid a sum, to be fixed by the county 
commission, for one day’s services for attending the school of instruction for 
election officials if the commissioner or poll clerk provides at least one 
day’s service during an election and a sum for his or her services at any one 
election: Provided, That each commissioner of election and poll clerk is 
to be paid a sum for his or her services at any of the three special elections 
described in §3-1-44(g) of this code.

(c) Each alternate 
commissioner of election and poll clerk may be paid a sum, to be fixed by the 
county commission, for one day’s services for attending the school of instruction 
for election officials: Provided, That no alternate may be eligible for 
compensation for election training unless the alternate is subsequently 
appointed as an election official or is instructed to attend and actually 
attends training as an alternate and is available to serve on election day.

(d) The commissioners of 
election or poll clerks obtaining and delivering the election supplies, as 
provided in §3-1-24 of this code, and returning them, as provided in §3-5-1 et 
seq. and §3-6-1 et seq. of this code, are to be paid an additional 
sum, fixed by the county commission, for his or her services pursuant to this 
subsection at any one election. In addition, he or she is to be paid mileage up 
to the rate of reimbursement authorized by the travel management rule of the 
Department of Administration for each mile necessarily traveled in the 
performance of his or her services.

(e) The compensation of 
election officers, cost of printing ballots and all other expenses incurred in 
holding and making the return of elections, other than the three special 
elections described in §3-1-44(f) of this code, are to be audited by the county 
commission and paid out of the county treasury.

(f) All persons within a 
cla