CHARLESTON, W.Va. — The House Judiciary Committee could soon vote on a bill that would allow non-residents of city to vote in a municipal election in the county they reside in if they have paid fees or taxes.
Del. Geno Chiarelli, R-Monongalia, discussed his bill, HB 2381, in Monday’s committee meeting.
Chiarelli said Morgantown and several other cities have user fees deducted from the pay of all who work there, even those live outside city limits.
Chiarelli said contributors to city revenue have no eligibility when it comes time vote in the municipal election despite their participation in payment of the service fee.
“I really think this is a taxation without representation issue and I would like to see these people have a voice in city elections because these people are impacted by what’s going on,” Chiarelli said.
Municipal user fees have survived a number of legal challenges over the years The state Supreme Court have ruled them constitutional.
Chiarelli said in addition to paying the service fee others who own businesses and pay taxes should also be able to have a voice in selecting the elected leaders of a city. The bill said eligible voters must be verified through the county commission and county clerk before a non-resident can be approved to vote.
“They would have had to paid fees or charges to the municipality in the last year, owned real property in the municipality for at least 60 consecutive days, and own at least 50 percent of the fee title interest in the property, and own 25 percent or more interest in a business in the municipality that has paid business and occupation taxes in the last year,” Chiarelli said.
The bill also sets out a requirement that non-residents would be able to have a voice on ballot questions and at-large races only.
“Non-residents cannot vote for a municipal representatives of specific wards or election districts, they’re only allowed to vote for at-large municipal positions and city-wide questions,” Chiarelli said. ” The bill also repeatedly emphasizes the one person, one vote principal as well.”
Chiarelli was quick to emphasize the bill requires that person to have legal residence in the county of the city in which they plan to cast a ballot.
“This bill would not let anyone that lives out-of-state to vote in our municipal elections,” Chiarelli said. “It would not let someone that lives in Brooke County vote in a Charleston City Council election because they pay B&O taxes there- you must live in the same county as the municipality as per the constitution.”
The verification process for non-resident voting would be managed by each county commission and administered by the clerk.
“Non-residents must contact the clerk of the county commission in order to opt-in they have to prove their eligibility to vote,” Chiarelli said. ” Then the clerk of the county commission is responsible for designating a precinct where the non-resident will vote.”
The next step for the bill is mark-up by the Judiciary Committee.