Bill Text: WV SB103 | 2020 | Regular Session | Introduced
Bill Title: Updating election law to provide for language governing new election systems
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - To Judiciary [SB103 Detail]
Download: West_Virginia-2020-SB103-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
Senate Bill 103
By Senator Tarr
[Introduced January 8, 2020; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §3-2-31 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-3-3 of said code, all relating to updating election law by providing language governing new election systems; and allowing voters during in-person early voting to change their address and vote the proper ballot without challenge.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-31. Rules pertaining to voting after registration or change of address within the county.
(a) A voter who designates a political affiliation with a major party on a registration application filed no later than the close of voter registration before the primary may vote the ballot of that political party in the primary election. Political parties, through the official action of their state executive committees, shall be permitted to determine whether unaffiliated voters or voters of other parties shall be allowed to vote that party's primary election ballot upon request.
(b) A voter whose registration record lists one residence address but the voter has since moved to another residence address within the precinct shall be permitted to update the registration at the polling place and vote without challenge for that reason.
(c) A voter whose registration record lists one residence address but the voter has since moved to another residence address in a different precinct in the same county shall be permitted to update the registration at the polling place serving the new precinct and shall be permitted to vote a challenged or provisional ballot at the new polling place. If the voter's registration is found on the registration records within the county during the canvass and no other challenge of eligibility was entered on election day, the challenge shall be removed and the ballot shall be counted.
(d) A voter whose registration record lists one residence address but the voter has since moved to another residence address within the same precinct, or a different precinct within the same county, and who is voting early in person, shall be permitted to update his or her registration and vote without challenge the ballot serving the new precinct.
(d) (e) A
voter whose registration record has been placed on an inactive status or
transferred to an inactive file and who has not responded to a confirmation
notice sent pursuant to the provisions of §3-2-24, §3-2-25 or §3-2-26 of this code
and who offers to vote at the polling place where he or she is registered to
vote shall be required to affirm his or her present residence address under
penalty of perjury, as provided in §3-2-36 of this code.
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-3. Early voting in person.
(a) The voting period for early in-person voting is to be conducted during regular business hours beginning on the thirteenth day before the election and continuing through the third day before the election. Additionally, early in-person voting is to be available from 9:00 a.m. to 5:00 p.m. on Saturdays during the early voting period.
(b) Any person desiring to vote during the period of early in-person voting shall, upon entering the election room, clearly state his or her name and residence to the official or representative designated to supervise and conduct absentee voting. If that person is found to be duly registered as a voter in the precinct of his or her residence, he or she is required to sign his or her name in the space marked “signature of voter” on the pollbook or poll slip. If the voter is unable to sign his or her name due to illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided. No ballot may be given to the person until he or she signs his or her name on the pollbook or poll slip.
(c) When the voter's signature or mark is properly on the pollbook, two qualified representatives of the official designated to supervise and conduct absentee voting shall sign their names in the places indicated on the back of the official ballot.
(d) If the official
designated to supervise and conduct absentee voting determines that the voter
is not properly registered in the precinct where he or she resides, the clerk
or his or her representative shall challenge the voter's absentee ballot as
provided in this article
(e) (d)The official designated to supervise and
conduct absentee voting shall provide each person voting an absentee ballot in
person the following items to be printed as prescribed by the Secretary of
State:
(1) In counties using paper ballots, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law;
(2) In counties using
punch card systems, one of each type of official absentee ballot the voter is
eligible to vote, prepared according to law, and a gray secrecy envelope
(3) (2) In
counties using optical scan systems, one of each type of official absentee
ballot the voter is eligible to vote, prepared according to law, and a secrecy
sleeve; or
(3) In counties using ballot marking devices, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law, and a secrecy sleeve; or
(4) For direct recording election systems, access to the voting equipment in the voting booth.
(f) (e) The voter shall enter the voting booth
alone and there mark the ballot: Provided, That the voter may have
assistance in voting according to the provisions of section four of this article
After the voter has voted the ballot or ballots, the absentee voter shall:
Place the ballot or ballots in the gray secrecy envelope or sleeve
and return the ballot or ballots to the official designated to supervise and
conduct the absentee voting: Provided, That in direct recording
election systems, once the voter has cast his or her ballot, the voter shall
exit the polling place.
(g) (f) Upon
receipt of the voted ballot, representatives of the official designated to
supervise and conduct the absentee voting shall place ballots for all voting
systems into a secured ballot box.
(1) Remove the ballot
stub;
(2) Place punch card
ballots and paper ballots into one envelope which shall not have any marks
except the precinct number and seal the envelope; and
(3) Place ballots for
all voting systems into a ballot box that is secured by two locks with a key to
one lock kept by the president of the county commission and a key to the other
lock kept by the county clerk
NOTE: The purpose of this bill is to cleanup election law language by removing language no longer needed, providing language governing new election systems and allowing voters during in-person absentee early voting to change their address and vote the proper ballot without challenge.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
