H.B. 2592 legislation aligning local and county elections with state elections passes WV House

The bill enjoyed wide bipartisan support as it passed from the House to the Senate, where it must be considered and voted upon before April 10.

(Charleston, W.Va.) On Wednesday, March 31, 2021, legislation to amend WV Code §3-1-31 and align city and county elections with state elections—H.B. 2592—widely passed the West Virginia House of Delegates with bipartisan support on a 75-25 vote.

Sponsored by Delegate Amy Summers (R – Taylor, 49), the committee substitute for the bill was amended on second reading during the House floor session the day prior by Delegate Joe Statler (R – Monongalia, 51). Statler’s amendment accommodates levies in Clay and Monongalia counties that run out of sync with the bill. In those instances for groups like Boards of Education, the bill states that prior to January 1, 2022, “levying bodies can hold local special elections for the purpose of synchronizing the renewal of an existing or expiring levy with a future primary or general election.”

H.B. 2592 saves taxpayer money, reduces voter frustration, and maximizes turnout, according to proponents. “By aligning elections, city and county clerks can work together to share equipment and staff, reducing costs. Polling places that differ in location between municipal and county elections will also be combined. Voters in municipal elections will cast ballots in the same polling places as they’re used to during other major elections. And, as a side benefit, voters should receive fewer sporadic political phone calls and random door knocks than now occur at varied times throughout the year,” said Kyle McAvoy, president of West Virginians for Common Sense.

Responding to comments made on the House floor session in opposition to the bill, former Morgantown City Councilman and West Virginians for Common Sense vice president, Wes Nugent remarked, “In an elderly state working to rebuild population, county and municipal clerks are routinely faced with challenges to find poll workers and streamline costs.”

“The perception that local candidates and levy messages will get lost as part of a bigger ballot is a dated, self-limiting concept. Digital voting machines take voters through the entire ballot. In the web advertising era, it’s faster, easier, and cheaper to connect with and engage audiences.” Incremental changes to adjust government, like maximizing the democratic turnout of our elections while preserving the integrity of the ballot and polling place, are positive opportunities,” added Nugent.

McAvoy agreed, “As just one example, in the City of Morgantown, taxpayers will save more than $30,000 every two years according to previous budgets. By aligning with either the primary or general election date to hold city elections, Morgantown can still determine whether a summer-fall or a winter-spring campaign cycle best suits candidates and voters.”

Previously, during the WV House Political Subdivisions Committee hearing, Delegate Guy Ward (R – Marion, 50) amended the bill to state, “that in the case of municipal elections, when current terms end for elected officials, the municipality, for those seats up for reelection, must choose either the next primary or general election but cannot extend offices for more than twelve months or reduce offices less than twelve months.”

“It’s not uncommon for municipal code to be superseded by new state code. Consider the cumulative savings to taxpayers and benefits to voters by going to the polls together. We should think broadly along the lines of metro government to work to get more by cooperating across jurisdictions,” suggested Nugent.

“As West Virginians for Common Sense is a nonprofit group of citizens based in Monongalia County, our members are very pleased that 49th district delegate Summers introduced H.B. 2592, and that 51st district Delegate Statler worked hard to ensure that an amendment was made to protect Monongalia’s levies. It’s very disappointing to note other delegates in the 51st district—Fleischauer, Hansen, Walker, and Williams—who happen to be Democrats, voted against a bill that would make it easier for citizens to vote during local elections and save taxpayer money,” noted McAvoy.

The bill can now be assigned to respective Senate committees, and receive possible consideration that leads to adoption by the full Senate, prior to final consideration and approval from Governor Jim Justice.

WV House Roll Call Vote on HB 2592.
[dipl_text_animator animated_text=”Ask yourself: ” postfix_text=” Do any of these terms apply to Morgantown City Council?” animation_layout=”bounce” animation_time=”1770ms” animation_hold=”2560ms” _builder_version=”4.18.0″ _module_preset=”default” main_text_text_color=”#DE482C” width=”80%” width_tablet=”80%” width_phone=”78%” width_last_edited=”on|phone” module_alignment=”center” custom_margin=”||||false|false” custom_padding=”||||false|false” hover_enabled=”0″ global_colors_info=”{}” theme_builder_area=”et_body_layout” sticky_enabled=”0″ global_text_settings_text_color_last_edited=”on|phone” global_text_settings_font=”|800|||||||” global_text_settings_font_size=”20px”][/dipl_text_animator]

Malfeasance

Malfeasance in office is the doing of an act for which there is no authority or warrant of law.

Misfeasance

Misfeasance is the wrongful and injurious exercise of lawful authority — that is, the doing of an act which might lawfully be done, but is done in an improper manner.

Nonfeasance

Nonfeasance is a term used in tort law to describe inaction that allows or results in harm to a person or to property. An act of nonfeasance can result in liability if (1) the actor owed a duty of care toward the injured person, (2) the actor failed to act on that duty, and (3) the failure to act resulted in injury.

While it’s tabled now, City Council may take up its MUB takeover later.

Three City Councilors: Bill Kawecki, Jenny Selin, and Dave Harshbarger were adamant about moving forward to restructure MUB. Shame on them! Ironically, these councilors have two more full years left in their term, which increases the importance of the recall effort to remove them now.

For now, the other four Councilmembers have tabled the issue, but pressure is inevitably being placed on the holdouts, and some, like Deputy Mayor Danielle Trumble, have expressed a desire to move forward.

No MUB customer is safe.

Whether you’re a MUB customer in Morgantown’s city limits or across the Mason-Dixon in Pennsylvania, know this is an attempt by Morgantown City Council to further enact its will upon your property and your life.

Don’t be lulled into complacency thinking the issue will go away. If past history tells us anything, City Council may still try to implement its misguided agenda fueled by obstience.

[dipl_image_card title=”MUB serves more customers outside of Morgantown City limits than within them.” image=”https://wvcommonsense.org/wp-content/uploads/2022/10/service-area.jpg” _builder_version=”4.18.0″ _module_preset=”default” global_colors_info=”{}” theme_builder_area=”et_body_layout”][/dipl_image_card]

Support the total recall of Morgantown City Council.

Sign up to help

Complete the form. Your information is safe with us.

Get notified

We’ll contact you to follow-up and get your help.

Take action

Beyond voting on Election Day, your help with the recall petition effort will lead to a better Morgantown.

[caldera_form id="CF62d5e60523a93"]

Donate

If you don’t have time to help, make change count by giving to support this cause.