WEST virginia legislature
2016 regular session
Committee Substitute
for
House Bill 4587
By Delegate Moffatt and Miller
[Introduced
February 17, 2016; Referred
to the Committee on Political Subdivisions then the Judiciary]
A BILL to amend and reenact §3-9-19 of the Code of West Virginia, 1931, as amended, relating to violations associated with absent voters’ ballots; providing cleanup language by changing reference of circuit clerk to clerk of county commission; changing gender references and making other changes relating to the language in the misdemeanor provisions of this section.
Be it enacted by the Legislature of West Virginia:
That §3-9-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-19. Violations concerning absent voters= ballots; penalties.
(a) Any person who, with the intent to commit fraud, obtains, removes, or disseminates an absent voters= ballot, intimidates an absent voter, or completes or alters an absent voters= ballot, is guilty of a felony and, upon conviction thereof, shall be fined not less than $10,000 nor more than $20,000, imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.
(b) Notwithstanding
subsection (a) of this section, any person who, having procured an absent
voter's official ballot or ballots, shall wilfully neglect or refuse to return
the same as provided in article three of this chapter, or who shall otherwise
wilfully violate any of the provisions of said article three of this chapter, shall
be is guilty of a misdemeanor and, on conviction thereof, shall be
fined not more than $250, or confined in the county jail for not more
than three months. If the clerk of the circuit court county
commission of any county, or any member of the board of ballot
commissioners, or any member of the board of canvassers shall refuses or
neglects to perform any of the duties required of him or her by any of
the provisions of articles three, five and six of this chapter relating to
voting by absentees or shall discloses to any other person or persons
how any absent voter voted, he or she shall in each instance, be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not more than
$500, or confined in the county jail for not more than six months.
NOTE: The purpose of this bill is to provide cleanup language in statute dealing violations associated with absent voters’ ballots. The bill changes the reference of circuit clerk to clerk of county commission, changes gender references and makes other changes relating to the language in the misdemeanor provisions of this section.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.