Committee Substitute House Bill 3134 History

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H. B. 3134

(By Delegates Fleischauer, Beach, Marshall,

Shook, Hunt, Frazier, Brown, Miley,

Longstreth, Lawrence and Manchin)

(Originating in the Committee on the Judiciary)
[March 27, 2009]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-3A-1, §3-3A-2, §3- 3A-3, §3-3A-4 and §3-3A-5, all relating to a vote by mail pilot program; requiring the Secretary of State select five municipalities for a pilot project; rules governing the elections; authority to conduct voting; and termination of the pilot project.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §3-3A-1, §3-3A-2, §3- 3A-3, §3-3A-4 and §3-3A-5, all to read as follows:
§3-3A-1. Short title.
This article shall be known as the "West Virginia Vote By Mail Pilot Program".

§3-3A-2. Vote by mail pilot program.

This article establishes a pilot project that will authorize five municipalities in the state to conduct voting by mail. The pilot project will permit registered and other qualified voters of the selected municipalities to vote a ballot by mail during the pilot program period. The five municipalities selected for participation may conduct both the primary and general elections entirely by mail.
§3-3A-3. Secretary of State Rule-Making.

(a) The Secretary of State is hereby directed to propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code as may be necessary to implement the vote by mail pilot program. In addition to any other provisions the Secretary believes are necessary to provide for the effective, efficient and orderly administration of the vote by mail pilot program, the rules proposed by the Secretary as required by this section shall include:
(1) criteria for the selection of five municipalities to participate in the vote by mail pilot program;
(2) procedures for conducting voting by mail;
(3) requirements and criteria for the designation of places of deposit for the ballots cast in an election; and
(4) dates and times the places of deposit must be open and the security requirements for the places of deposit. Places of deposit shall be open on the date of the election for a period of eight or more hours, but must be open until at least eight p.m., at a minimum.

(b) It is the duty of all officials designated to supervise and conduct the vote by mail program, other municipal officials, and all election commissioners and poll clerks to abide by the Secretary of State's rules, orders and instructions and to use the forms, lists and records prescribed by the Secretary of State.
§3-3A-4. Authority to conduct voting by mail
The voting by mail program is to be supervised and conducted by the municipal recorder or other officer authorized by charter or ordinance provisions to conduct voting for any election held entirely within the municipality.
§3-3A-5. Termination of Pilot Project.
The provisions of this article shall terminate on January 1, 2014, unless sooner terminated, continued or reestablished.

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