H. B. 3133
(By Delegate Campbell)
(By Request)
[Introduced
March 25, 2013
; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §3-3-1 of the Code of West Virginia,
1931, as amended, relating to voting by absentees; permitting
absentee voting by nonresident taxpayers on school levy or
school bond proposals; and providing responsibilities of
county boards of education with regard to the elections.
Be it enacted by the Legislature of West Virginia:
That §3-3-1 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-1. Persons eligible to vote absentee ballots.
(a) All registered and other qualified voters of the county
may vote an absentee ballot during the period of early voting in
person.
(b) Registered voters and other qualified voters in the county are authorized to vote an absentee ballot by mail in the following
circumstances:
(1) Any voter who is confined to a specific location and
prevented from voting in person throughout the period of voting in
person because of:
(A) Illness, injury or other medical reason;
(B) Physical disability or immobility due to extreme advanced
age; or
(C) Incarceration or home detention: Provided, That the
underlying conviction is not for a crime which is a felony or a
violation of section twelve, thirteen or sixteen, article nine of
this chapter involving bribery in an election;
(2) Any voter who is absent from the county throughout the
period and available hours for voting in person because of:
(A) Personal or business travel;
(B) Attendance at a college, university or other place of
education or training; or
(C) Employment which because of hours worked and distance from
the county seat make voting in person impossible;
(3) Any voter absent from the county throughout the period and
available hours for voting in person and who is an absent uniformed
services voter or overseas voter, as defined by 42 U.S.C. §1973, et
seq., the Uniformed and Overseas Citizens Absentee Voting Act of
1986, including members of the uniformed services on active duty, members of the merchant marine, spouses and dependents of those
members on active duty and persons who reside outside the United
States and are qualified to vote in the last place in which the
person was domiciled before leaving the United States;
(4) Any voter who is required to dwell temporarily outside the
county and is absent from the county throughout the time for voting
in person because of:
(A) Serving as an elected or appointed federal or state
officer; or
(B) Serving in any other documented employment assignment of
specific duration of four years or less;
(5) Any voter for whom the designated area for absentee voting
within the county courthouse or annex of the courthouse and the
voter's assigned polling place are inaccessible because of his or
her physical disability; and
(6) Any voter who is participating in the Address
Confidentiality Program as established by section one hundred
three, article twenty-eight-a, chapter forty-eight of this code.
(c) Registered voters and other qualified voters in the county
may, in the following circumstances, vote an emergency absentee
ballot, subject to the availability of the services as provided in
this article:
(1) Any voter who is confined or expects to be confined in a
hospital or other duly licensed health care facility within the county of residence or other authorized area, as provided in this
article, on the day of the election;
(2) Any voter who resides in a nursing home within the county
of residence and would be otherwise unable to vote in person,
providing the county commission has authorized the services if the
voter has resided in the nursing home for a period of less than
thirty days; and
(3) Any voter who is working as a replacement poll worker and
is assigned to a precinct out of his or her voting district, if the
assignment was made after the period for voting an absentee ballot
in person has expired.
(d) Notwithstanding any other provision of this code or law to
the contrary, persons who own property and are paying taxes on the
property but who do not live in the county where the property is
located may vote an absentee ballot during the period of early
voting in person or an absentee ballot by mail when a school levy
or school bond is being proposed.
_____The county board of education that is proposing a levy or bond
shall send property owners who live outside of the county a written
notice and postage prepaid envelop enclosed. The notice shall
advise the property owners of an upcoming school levy or bond
election their right to vote an absentee ballot on the issue. The
board shall include a form for the property owners to sign
indicating with either a "YES or NO" that the property owners want an absentee ballot sent to them so their vote will counted on the
issue. Eligible nonresident voters shall be determined by the
records of the county assessor's office.
_____The board of education shall send to the out of county tax
payers any documents pertaining to a levy or bond that will explain
the process, from start to finish, including the times and
locations of any public forums that are going to be conduced by the
board of education. The board of education shall include in the
explanation how much of an increase will be added to their tax
statement if a levy of bond is passed. The board of education
shall contact the county clerk's office with the number of absentee
ballots that need to be sent. The board of education shall provide
a return postage paid envelope addressed to the county clerks
office in a timely matter so that every person's ballot will be
counted.
NOTE: The purpose of this bill is to permit absentee voting by
nonresident taxpayers on school levy or school bond proposals. The
bill also provides the responsibilities of county boards of
education with regard to the elections.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.