SB 521: Requiring party affiliations be listed for all candidates - West Virginia

sb521 sfa tarr _1 3-11 adopted.htm → sb521 sfat tarr _2 3-12 adopted.htm · 1 edit

MINOR

The bill's title was updated from version #1 to version #2 with a revised date (March 12 instead of March 11). The substantive legislative content remains unchanged, with the same proposed amendments to the Code of West Virginia regarding judicial election reforms and the repeal of the Supreme Court of Appeals Public Campaign Financing Program.

TECHNICAL

Bill version number updated from #1 to #2 and date changed from March 11 to March 12, indicating a revised version of the same legislative proposal.

Committee Substitute → sb521 sfa tarr _1 3-11 adopted.htm · 4 edits

MODERATE

This amendment removes all provisions related to the West Virginia Supreme Court of Appeals Public Campaign Financing Program, abolishing the program entirely and directing any remaining funds to the general revenue fund. The changes eliminate the existing campaign financing structure that provided public funds to judicial candidates.

Scope change

The bill's scope is significantly reduced by completely removing the public campaign financing program that previously supported judicial candidates with public funds.

FISCAL

All sections establishing the West Virginia Supreme Court of Appeals Public Campaign Financing Fund and its associated rules were deleted, including provisions for revenue sources, contribution limits, expenditures, and reporting requirements.

REQUIREMENT

Provisions detailing how the public campaign financing program operated, including payment schedules, certification processes, and restrictions on contributions and expenditures, were eliminated.

TIMELINE

The amendment specifies that any remaining funds in the abolished program must be remitted to the general revenue fund following the 2025 Regular Session amendments.

SCOPE

The overall scope of the judicial election reform bill is narrowed by removing the public financing component, leaving only the partisan election requirements and ballot design provisions intact.

Engrossed Committee Substitute → Committee Substitute · 6 edits

MODERATE

This bill converts West Virginia's judicial elections from partisan to nonpartisan, meaning candidates will no longer run with party labels on ballots. It establishes a public campaign financing program for Supreme Court of Appeals candidates and reorganizes the Intermediate Court of Appeals with longer 10-year terms and a new appointment process. The changes aim to reduce partisan influence in judicial selection and increase transparency in judicial elections.

Scope change

The bill expands nonpartisan judicial elections to include all levels of the state judiciary (Supreme Court, Intermediate Court, circuit courts, family courts, and magistrates), previously applying only to Supreme Court justices. It also creates a new public financing system specifically for Supreme Court candidates.

ELIGIBILITY

All judicial elections (Supreme Court, Intermediate Court, circuit judges, family court judges, and magistrates) are now conducted on nonpartisan ballots without party affiliation markings, effective starting in 2016 for most offices.

FISCAL

A new Public Campaign Financing Fund was created to provide public money to certified Supreme Court of Appeals candidates, with specific contribution limits and expenditure rules.

TIMELINE

Intermediate Court of Appeals judges now serve 10-year terms instead of shorter terms, with initial appointments staggered through 2024-2028 and subsequent elections every 10 years.

REQUIREMENT

New certification process requires Supreme Court candidates to meet specific contribution thresholds and file declarations of intent to receive public financing.

ENFORCEMENT

State Election Commission now has expanded authority to audit campaign finances, enforce contribution limits, and impose penalties for violations of the new financing program.

DEFINITION

New definitions established for 'participating candidate,' 'nonparticipating candidate,' 'exploratory contributions,' and 'qualifying contributions' to govern the public financing system.

Introduced Version → Engrossed Committee Substitute · 6 edits · Mar 12, 2025

MODERATE

This bill amends West Virginia election laws to transition judicial elections from partisan to nonpartisan, requiring judicial candidates to appear on separate nonpartisan ballots without party labels. It also establishes runoff elections for circuit court judges when no candidate receives over 30% of the vote and modifies campaign financing rules for judicial offices.

REQUIREMENT

Judicial elections (Supreme Court, Intermediate Court, circuit courts, family courts, and magistrates) are now required to be nonpartisan, with candidates appearing on separate nonpartisan ballots without party identification.

A runoff election is now required for circuit court judge positions when no candidate receives more than 30% of the vote in the initial election.

County school board elections must now use separate nonpartisan ballots, distinct from partisan ballots used for other offices.

TIMELINE

Intermediate Court of Appeals judges are now elected on a 10-year term cycle starting in 2024, replacing the previous 12-year cycle.

FISCAL

The West Virginia Supreme Court of Appeals Public Campaign Financing Program is abolished, with remaining funds transferred to the general revenue fund.

DEFINITION

New definitions established for 'general election campaign period' and 'primary election campaign period' to clarify timing requirements.

Requiring party affiliations be listed for all candidates

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