MORGANTOWN — The House Judiciary Committee approved a bill Tuesday morning to require all state, county and local political candidates to live in the district they seek to represent.
Members also OK’d a bill to help homeless individuals find work by setting up a system for them to get ID cards from the Division of Motor Vehicles.
Committee counsel Brian Casto explained the residency bill. He commented that most people probably assume the law already requires this – but it doesn’t. Current law applies only to legislators: The state Constitution sets a one-year residency requirement preceding election.
Casto told members that the bill’s goal is to make code uniform for all candidates.
The bill is HB 4096. The original version was just one sentence: “A candidate for election for any state or local office is required to have his or her principal residence within the election district for the office for which they are seeking to be elected.”
But members worked with a committee substitute expanded by Casto, who drew on some prior court rulings to add some clarity on the meaning of residency – historically defined as where the person is domiciled. The additional wording spells out criteria that could be presented as facts of evidence if residency would be challenged in court.
A good bit of the discussion hovered around the ongoing court challenge to the residency of Gov. Jim Justice by Delegate – and now attorney general candidate – Isaac Sponaugle, D-Pendleton. Members wondered if any specific definitions of residency in this bill could affect those proceedings. (The residency requirements for the governor and cabinet members are in a separate article of the Constitution).
The vague general consensus was that no one knows but it seems unlikely.
Casto told members that the bill wasn’t aimed that direction. The lead sponsor is Delegate Larry Kump, R-Berkeley, whose 2018 GOP primary challenger faced a court challenge to her residency. The court chose to leave the question unresolved pending the primary, which Kump won.
Members approved an amendment to add the word “county” to the phrase “state or local office.” The voice vote to approve the expanded and amended bill was overwhelming but not unanimous.
HB 4096 now goes to the House floor.
Homeless ID bill
Casto also explained this bill and told members the lack of permanent residence makes it difficult for the homeless to get ID documents that are required for work.
HB 2412, as amended, would allow a homeless person to obtain at no charge a photo ID card or replacement driver’s license from the DMV by obtaining a signed affidavit from a homeless shelter or homeless service provider – such as the Covenant House drop-in center in Charleston – showing that the person uses that facility as their residence or mailing address.
DMV Deputy Commissioner Adam Holley told members that the DMV already has a similar program in place. The federal REAL ID Act makes exceptions for the homeless.
However, he pointed out, the homeless do need proof of identity – a birth certificate and Social Security card, to obtain the ID cards. This bill wouldn’t affect that – it deals with residency, not proving identity.
Members amended out a line allowing the DMV to issue a replacement birth certificate after Holley reminded them the DMV doesn’t issue those.
The amended bill passed unanimously and goes next to House Finance.
Tweet David Beard @dbeardtdp Email dbeard@dominionpost.com
