SB 314 Text

COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 314
(By Senators Palumbo, McCabe, Foster, Wells, D. Facemire, Plymale, Unger, Guills and Snyder)
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[Originating in the Committee on Government Organization;
reported March 5, 2009.]
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A BILL to amend and reenact §3-3-2a of the Code of West Virginia, 1931, as amended, relating to early voting; and authorizing county commissions to designate voting locations other than the county courthouse or annex of the courthouse.

Be it enacted by the Legislature of West Virginia:
That §3-3-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-2a. Early voting areas; prohibition against display of campaign material.

(a) The county commission may designate locations within the county for early voting, other than the county courthouse or annex of the courthouse: Provided, That early voting in a location other than the county courthouse or annex of the courthouse shall be conducted in compliance with the provisions of this section and article.
(b) Throughout the period of early in-person voting, the official designated to supervise and conduct absentee voting shall make the following provisions for voting:
(1) The official shall provide a sufficient number of voting booths or devices appropriate to the voting system at which voters may prepare their ballots. The booths or devices are to be in an area separate from but within clear view of the public entrance area of the official's office or other area designated by the county commission for absentee voting and are to be arranged to ensure the voter complete privacy in casting the ballot.
(2) The official shall make the voting area secure from interference with the voter and shall ensure that voted and unvoted ballots are at all times secure from tampering. No person, other than a person lawfully assisting the voter according to the provisions of this chapter, may be permitted to come within five feet of the voting booth while the voter is voting. No person, other than the officials or employees of the official designated to supervise and conduct absentee voting or members of the board of ballot commissioners assigned to conduct absentee voting, may enter the area or room set aside for voting.
(3) The official designated to supervise and conduct absentee voting shall request the county commission designate another area within the county courthouse or any annex of the courthouse as a portion of the official's office, or the said official may request the county commission designate other locations within the county, for the purpose of absentee voting in the following circumstances:
(A) If the voting area is not accessible to voters with physical disabilities;
(B) If the voting area is not within clear view of the public entrance of the office of the official designated to supervise and conduct absentee voting; or
(C) If there is no suitable area for absentee voting within the office.
Any designated area is subject to the same requirements as the regular absentee voting area.
(4) The official designated to supervise and conduct absentee voting shall have at least two representatives to assist with absentee voting: Provided, That the two representatives shall not be registered with the same political party affiliation or two persons registered with no political party affiliation. The representatives may be full-time employees, temporary employees hired for the period of absentee voting in person or volunteers.
(5) No person may do any electioneering nor may any person display or distribute in any manner, or authorize the display or distribution of, any literature, posters or material of any kind which tends to influence the voting for or against any candidate or any public question on the property of the county courthouse or any annex facilities, or any other designated early voting locations within the county, during the entire period of regular in-person absentee voting. The official designated to supervise and conduct absentee voting is hereby authorized to remove the material and to direct the sheriff of the county to enforce the prohibition.

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