H. B. 2974
(By Delegate Andes)
[Introduced March 6, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §3-4-10 and §3-4-11 of the Code of West
Virginia, 1931, as amended; to amend and reenact §3-4A-11a and
§3-4A-27 of said code; and to amend and reenact §3-6-2,
§3-6-3, §3-6-5 and §3-6-6 of said code, all relating to
abolishing the one-vote straight ticket voting in all general
and special elections within West Virginia.
Be it enacted by the Legislature of West Virginia:
That §3-4-10 and §3-4-11 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; that §3-4A-11a and §3-4A-27
of said code be amended and reenacted; and that §3-6-2, §3-6-3,
§3-6-5 and §3-6-6 of said code be amended and reenacted, all to
read as follows:
ARTICLE 4. VOTING MACHINES.
§3-4-10. Ballot labels, instructions and other supplies; vacancy
changes; procedure and requirements.
(a) The ballot commissioners of any county in which voting
machines are to be used in any election shall cause to be printed for use in the election the ballot labels for the voting machines
and paper ballots for absentee voting, voting by persons unable to
use the voting machine and provisional ballots or if an electronic
voting system or direct recording election equipment is to be used
in an election, the ballot commissioners shall comply with
requirements of section eleven, article four-a of this chapter.
The labels shall be clearly printed in black ink on clear white
material in a size that will fit the ballot frames. The paper
ballots shall be printed in compliance with
the provisions of this
chapter governing paper ballots.
(b) The heading, the names and arrangement of offices and the
printing and arrangement of names of the candidates for each office
indicated must be placed on the ballot for the primary election as
nearly as possible according to
the provisions of sections thirteen
and thirteen-a, article five of this chapter and for the general
election according to
the provisions of section two, article six of
this chapter.
Provided, That The staggering of the names of
candidates in multi candidate races
and the instructions to
straight ticket voters prescribed by section two, article six of
this chapter shall appear on paper ballots but shall not appear on
ballot labels for voting machines which mechanically control
crossover voting.
(c) Each question to be voted on must be placed at the end of
the ballot and must be printed according to
the provisions of the
laws and rules governing the question.
(d) The ballot labels printed must total in number one and one-half times the total number of corresponding voting machines to
be used in the several precincts of the county in the election.
All the labels must be delivered to the clerk of the county
commission at least twenty-eight days prior to the day of the
election. The clerk of the county commission shall determine the
number of paper ballots needed for absentee voting and to supply
the precincts for provisional ballots and ballots to be cast by
persons unable to use the voting machine. All required paper
ballots shall be delivered to the clerk of the county commission at
least forty-two days prior to the day of the election.
(e) When the ballot labels and absentee ballots are delivered,
the clerk of the county commission shall examine them for accuracy,
assure that the appropriate ballots and ballot labels are
designated for each voting precinct and insert one set in each
machine prior to the inspection of the machines as prescribed in
section twelve of this article. The remainder of the ballot labels
for each machine shall be retained by the clerk of the county
commission for use in an emergency.
(f) In addition to all other equipment and supplies required
by
the provisions of this article, the ballot commissioners shall
cause to be printed a supply of instruction cards, sample ballots
and facsimile diagrams of the voting machine ballot adequate for
the orderly conduct of the election in each precinct in their
county. In addition, they shall provide appropriate facilities for
the reception and safekeeping of the ballots of absent voters and
of challenged voters and of the "independent" voters who shall, in primary elections, cast their votes on nonpartisan candidates and
public questions submitted to the voters.
§3-4-11. Ballot label arrangement in machines; drawing by lot to
determine position of candidates on machines;
adjustment; records.
When the ballot labels are printed and delivered to the clerk
of the county commission, they shall be placed in the ballot frames
of the voting machines in such manner as will most nearly conform
to the arrangement prescribed for paper ballots, and as will
clearly indicate the party designation or emblem of each candidate.
Each column or row containing the names of the office and
candidates for such office shall be so arranged as to clearly
indicate the office for which the candidate is running. The names
of the candidates for each office indicated shall be placed on the
ballot.
The clerk of the county commission shall cause the voting
machines to be programmed so that each lever is properly set to
record a vote and that the voter can vote for the maximum number of
candidates allowed for each office and no more.
In general
elections, the straight ticket lever shall cause a vote to be cast
for every candidate of the straight ticket party unless the voter
cancels a vote within that party by resetting one or more
individual levers at the positions of specific candidates to the
no-vote position.
The clerk shall then see that the counters referred to in
subsection (11), of section eight of this article are set at zero (000) and shall lock the operating device and mechanism and devices
protecting the counter and ballot labels. The clerk shall then
enter in an appropriate book, opposite the number of each precinct,
the identifying or distinguishing number of the specific voting
machine or machines to be used in that precinct.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-11a. Ballots tabulated electronically; arrangement, quantity
to be printed, ballot stub numbers.
(a) The board of ballot commissioners in counties using
ballots upon which votes may be recorded by means of marking with
electronically sensible ink or pencil and which marks are tabulated
electronically shall cause the ballots to be printed or displayed
upon the screens of the electronic voting system for use in
elections.
(b) (1) For the primary election, the heading of the ballot,
the type faces, the names and arrangement of offices and the
printing of names and arrangement of candidates within each office
are to conform as nearly as possible to
the provisions of sections
thirteen and thirteen-a, article five of this chapter.
(2) For the general election, the heading of the ballot,
the
straight ticket positions, the instructions to straight ticket
voters, the type faces, the names and arrangement of offices and
the printing of names and the arrangement of candidates within each
office are to conform as nearly as possible to
the provisions of
section two, article six of this chapter, except as otherwise
provided in this article.
(3) Nonpartisan elections for board of education and any
question to be voted upon are to be separated from the partisan
ballot and separately headed in display type with a title clearly
identifying the purpose of the election and constituting a separate
ballot wherever a separate ballot is required
under the provisions
of by this chapter.
(4) Both the face and the reverse side of the ballot may
contain the names of candidates only if means to ensure the secrecy
of the ballot are provided and lines for the signatures of the poll
clerks on the ballot are printed on a portion of the ballot which
is deposited in the ballot box and upon which marks do not
interfere with the proper tabulation of the votes.
(5) The arrangement of candidates within each office is to be
determined in the same manner as for other electronic voting
systems, as prescribed in this chapter. On the general election
ballot for all offices, and on the primary election ballot only for
those offices to be filled by election, except delegate to national
convention, lines for entering write-in votes are to be provided
below the names of candidates for each office, and the number of
lines provided for any office shall equal the number of persons to
be elected, or three, whichever is fewer. The words "WRITE-IN, IF
ANY" are to be printed, where applicable, directly under each line
for write-ins. The lines are to be opposite a position to mark the
vote.
(c) Except for electronic voting systems that utilize screens
upon which votes may be recorded by means of a stylus or by means of touch, the primary election ballots are to be printed in the
color of ink specified by the Secretary of State for the various
political parties, and the general election ballot is to be printed
in black ink. For electronic voting systems that utilize screens
upon which votes may be recorded by means of a stylus or by means
of touch, the primary ballots and the general election ballot are
to be printed in black ink. All ballots are to be printed, where
applicable, on white paper suitable for automatic tabulation and
are to contain a perforated stub at the top or bottom of the
ballot, which is to be numbered sequentially in the same manner as
provided in section thirteen, article five of this chapter, or are
to be displayed on the screens of the electronic voting system upon
which votes are recorded by means of a stylus or touch. The number
of ballots printed and the packaging of ballots for the precincts
are to conform to the requirements for paper ballots provided in
this chapter.
(d) In addition to the official ballots, the ballot
commissioners shall provide all other materials and equipment
necessary to the proper conduct of the election.
§3-4A-27. Proceedings at the central counting center.
(a) All proceedings at the central counting center are to be
under the supervision of the clerk of the county commission and are
to be conducted under circumstances which allow observation from a
designated area by all persons entitled to be present. The
proceedings shall take place in a room of sufficient size and
satisfactory arrangement to permit observation. Those persons entitled to be present include all candidates whose names appear on
the ballots being counted or if a candidate is absent, a
representative of the candidate who presents a written
authorization signed by the candidate for the purpose and two
representatives of each political party on the ballot who are
chosen by the county executive committee chairperson. A reasonable
number of the general public is also freely admitted to the room.
In the event all members of the general public desiring admission
to the room cannot be admitted at one time, the county commission
shall provide for a periodic and convenient rotation of admission
to the room for observation, to the end that each member of the
general public desiring admission, during the proceedings at the
central counting center, is to be granted admission for reasonable
periods of time for observation.
Provided, That However, no person
except those authorized for the purpose may touch any ballot or
ballot card or other official records and papers utilized in the
election during observation.
(b) All persons who are engaged in processing and counting the
ballots are to work in teams consisting of two persons of opposite
political parties, and are to be deputized in writing and take an
oath that they will faithfully perform their assigned duties.
These deputies are to be issued an official badge or identification
card which is assigned an identity control number and the deputies
are to prominently wear on his or her outer garments the issued
badge or identification card. Upon completion of the deputies'
duties, the badges or identification cards are to be returned to the county clerk.
(c) Ballots are to be handled and tabulated and the write-in
votes tallied according to procedures established by the Secretary
of State, subject to the following requirements:
(1) In systems using punch card ballots, the ballot cards and
secrecy envelopes for a precinct are to be removed from the box and
examined for write-in votes before being separated and stacked for
delivery to the tabulator. Immediately after valid write-in votes
are tallied, the ballot cards are to be delivered to the tabulator.
No write-in vote may be counted for an office unless the voter has
entered the name of that office and the name of an official
write-in candidate for that office on the inside of the secrecy
envelope, either by writing, affixing a sticker or label or placing
an ink-stamped impression thereon;
(2) In systems using ballots marked with electronically
sensible ink, ballots are to be removed from the boxes and stacked
for the tabulator which separates ballots containing marks for a
write-in position. Immediately after tabulation, the valid
write-in votes are to be tallied. No write-in vote may be counted
for an office unless the voter has entered the name of an official
write-in candidate for that office on the line provided, either by
writing, affixing a sticker or placing an ink-stamped impression
thereon;
(3) In systems using ballots in which votes are recorded upon
screens with a stylus or by means of touch, the personalized
electronic ballots are to be removed from the containers and stacked for the tabulator. Systems using ballots in which votes
are recorded upon screens with a stylus or by means of touch are to
tally write-in ballots simultaneously with the other ballots;
(4) When more than one person is to be elected to an office
and the voter desires to cast write-in votes for more than one
official write-in candidate for that office, a single punch or
mark, as appropriate for the voting system, in the write-in
location for that office is sufficient for all write-in choices.
When there are multiple write-in votes for the same office and the
combination of choices for candidates on the ballot and write-in
choices for the same office exceed the number of candidates to be
elected, the ballot is to be duplicated or hand counted, with all
votes for that office rejected;
(5) Write-in votes for nomination for any office and write-in
votes for any person other than an official write-in candidate are
to be disregarded;
(6) When a voter casts a straight ticket vote and also punches
or marks the location for a write-in vote for an office, the
straight ticket vote for that office is to be rejected, whether or
not a vote can be counted for a write-in candidate; and
(7) (6) Official write-in candidates are those who have filed
a write-in candidate's certificate of announcement and have been
certified according to
the provisions of section four-a, article
six of this chapter.
(d) If any ballot card is damaged or defective so that it
cannot properly be counted by the automatic tabulating equipment, a true duplicate copy is to be made of the damaged ballot card in
the presence of representatives of each political party on the
ballot and substituted for the damaged ballot card. All duplicate
ballot cards are to be clearly labeled "duplicate" and are to bear
a serial number which is recorded on the damaged or defective
ballot card and on the replacement ballot card.
(e) The returns printed by the automatic tabulating equipment
at the central counting center, to which have been added write-in
and other valid votes, are, when certified by the clerk of the
county commission, to constitute the official preliminary returns
of each precinct or election district. Further, all the returns
are to be printed on a precinct basis. Periodically throughout and
upon completion of the count, the returns are to be open to the
public by posting the returns as have been tabulated precinct by
precinct at the central counting center. Upon completion of the
canvass, the returns are to be posted in the same manner.
(f) If for any reason it becomes impracticable to count all or
a part of the ballots with tabulating equipment, the county
commission may direct that they be counted manually, following as
far as practicable the provisions governing the counting of paper
ballots.
(g) As soon as possible after the completion of the count, the
clerk of the county commission shall have the vote recording
devices properly boxed or securely covered and removed to a proper
and secure place of storage.
ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-2. Preparation and form of general election ballots.
(a) All ballots prepared
under the provisions of by this
section are to contain:
(1) The name and ticket of each party which is a political
party under
the provisions of section eight, article one of this
chapter;
(2) The name chosen as the party name by each group of
citizens which has secured nomination for two or more candidates by
petition under
the provisions of section twenty-three of this
article;
(3) The names of every candidate for any office to be voted
for at the election whose nomination in the primary election,
nomination by petition or nomination by appointment to fill a
vacancy on the ballot has been certified and filed according to law
and no others.
(b)
The provisions of Paragraphs (C) and (D), subdivision (2),
section thirteen, article five of this chapter; subdivision (3) of
said section; paragraphs (A) and (B), subdivision (4) of said
section; and subdivisions (6), (7), (8) and (9) of said section
pertaining to the preparation and form of primary election ballots
shall likewise apply to general election ballots.
(c) (1) For all ballot systems, the ballot heading is to be in
display type and contain the words "Official Ballot, General
Election" and the name of the county and the month, day and year of
the election.
(2) After the heading, each ballot is to contain, laid out in parallel columns, rows or pages as required by the particular
voting system, the party emblem,
the position for straight party
voting for each party and the name of each party as prescribed in
subsection (a) of this section.
On paper ballots, the position for
straight party voting is to be a heavy circle, three-fourths inch
in diameter, surrounded by the words "For a straight ticket mark
within this circle" printed in bold six-point type. On all other
ballots or ballot labels, the positions for straight party voting
is to be marked "Straight Party Ticket".
(3) The party whose candidate for president received the
highest number of votes at the last preceding presidential election
is to be placed in the left, or first column, row or page, as is
appropriate to the voting system. The party which received the
second highest vote is to be next and so on. Any groups or third
parties which did not have a candidate for president on the ballot
in the previous presidential election are to be placed in the
sequence in which the final certificates of nomination by petition
were filed.
(4)(A) The following general instructions for straight party
voters are to be printed in no smaller than eight point bold type:
"IF YOU MARKED A STRAIGHT TICKET: When you mark any individual
candidate in a different party, that vote will override your
straight party vote for that office. When you mark any individual
candidate in a different party for an office where more than one
will be elected, YOU MUST MARK EACH OF YOUR CHOICES FOR THAT OFFICE
because your straight ticket vote will not be counted for that office". The last sentence of the instructions may not be included
on any ballot which does not contain any office or division where
more than one candidate will be elected.
On paper ballots, the general instructions are to be placed
below the party name and across the top of all columns, followed by
a heavy line separating them from the rest of the ballot:
Provided, That the instructions may be centered among the columns
running the full width of the ballot. On ballots marked with
electronically sensible ink, the general instructions are to be
placed after the position for straight voting and before any
office.
(B) The following specific instructions are to be printed on
the ballot for any partisan election for an office or division to
which more than one candidate is to be elected: "If you marked a
straight ticket and you mark any candidate in a different party for
this office, you must mark all your choices for this office because
your straight ticket vote will not be counted for this office".
On paper ballots, the specific instructions are to be placed
below the office name of any partisan office where more than one is
to be elected and across the top of all columns for that office or
centered among the columns before the names of any candidates. On
all other ballots and ballot labels, the specific instructions are
to be placed above or to the side of the names of the candidates as
the voting system requires.
(5) (4) For all ballots, any columns, rows or sections in
which the ticket of one party appears are to be clearly separated from the other columns, rows or sections by a heavy line or other
clear division. For each party, the offices are to be arranged in
the order prescribed in section thirteen-a, article five of this
chapter under the appropriate tickets, which are to be headed
"National Ticket", "State Ticket" and "County Ticket". The number
of pages, columns or rows, where applicable, may be modified to
meet the limitations of ballot size and composition requirements,
subject to approval by the Secretary of State.
(d) The arrangement of names within each office for all ballot
systems is to be as follows:
(1) In elections for presidential electors, the names of the
candidates for president and vice president of each party are to be
placed beside a brace with a single voting position, so that a vote
for any presidential candidate is a vote for the electors of the
party for which the candidates were named.
(2) The order of names of candidates for any office or
division for which more than one is to be elected is determined as
prescribed in section thirteen-a, article five of this chapter.
Provided, That The drawing by lot is to be conducted on the
seventieth day next preceding the date of the general election,
beginning at 9:00 a.m.
(3) In any office where more than one person is to be elected,
the names of the candidates for the office are to be staggered so
that no two candidates for that office appear directly opposite any
other candidate, as shown in the example below.
Provided, That
However, if the voting system cannot accurately tabulate any ballot due to this requirement, the ballot may be adjusted so that it is
accurately tabulated. However, each candidate shall be separated
by a thin line to distinguish between each candidate.
_________________________________________________________________
_________________________________________________________________
For House of Delegates
For House of Delegates
First Delegate District
First Delegate District
(Vote For Not More Than Two)
(Vote For Not More Than Two)
____________________________
______________________________
SUSAN B. ANTHONY
City (County)
____________________________
_______________________________
JOHN ADAMS
City (County)
____________________________
______________________________
ABRAHAM LINCOLN
City (County)
____________________________
______________________________
JAMES MONROE
City (County)
____________________________
______________________________
(4) Each voting system is to provide a means for voters to
vote for any person whose name does not appear on the ticket by
writing it with pen or pencil or by using stamps, stickers, tapes, labels or other means of writing in the name of a candidate which
does not interfere with the tabulation of the ballot.
(A) In paper ballot systems which allow for write-ins to be
made directly on the ballot, a blank square and a blank line equal
to the space which would be occupied by the name of the candidate
is to be placed under the proper office for each vacancy in
nomination and for an office for which more than one is to be
elected, any vacancy is to appear after any other candidates for
the office. If no write-in lines are included on the ballot,
specific instructions are to be added to the top of the ballot
notifying the voter that a write-in vote may be cast by writing the
name and office on any location on the front of the ballot.
(B) In machine and electronically tabulated ballot systems in
which write-in votes must be made in a place other than on the
ballot, if there is a vacancy in nomination leaving fewer
candidates in any party than can be elected to that office, the
words "No Candidate Nominated" is to be printed in the space that
would be occupied by the name of the candidate and for an office
for which more than one is to be elected, any vacancy is to appear
after any other candidates for the office. Notwithstanding any
other provision of this code, if there are multiple vacant
positions on a ballot for one office, the multiple vacant positions
which would otherwise be filled with the words "No Candidate Filed"
may be replaced with a brief detailed description, approved by the
Secretary of State, indicating that there are no candidates listed
for the vacant positions.
(5) In a general election in any county in which unexpired
terms of the Board of Education are to be filled by election, a
separate section or page of the ballot is to be set off by means
clearly separating the nonpartisan ballot from the ballot for the
political party candidates and is to be headed "Nonpartisan Board
of Education".
(e) Any Constitutional amendment is to be placed following all
offices, followed by any other issue upon which the voters are to
cast a vote. The heading for each amendment or issue is to be
printed in large, bold type according to the requirements of the
resolution authorizing the election.
(f) The board of ballot commissioners may not place any issue
on the ballot for election which is not specifically authorized
under the West Virginia Constitution or statutes or which has not
been properly ordered by the appropriate governmental body charged
with calling the election.
§3-6-3. Publication of sample ballots and lists of candidates.
(a) The ballot commissioners of each county shall prepare a
sample official general election ballot for all political party or
independent nominees, nonpartisan candidates for election, if any,
and all ballot issues to be voted for at the general election,
according to
the provisions of this article and articles four and
four-a of this chapter, as appropriate to the voting system, and
for any ballot issue, according to the provisions of law
authorizing the election.
(b) The facsimile sample general election ballot shall be published as follows:
(1) For counties in which two or more qualified newspapers
publish a daily newspaper, not more than twenty-six nor less than
twenty days preceding the general election, the ballot
commissioners shall publish the sample official general election
ballot as a Class I-0 legal advertisement in the two qualified
daily newspapers of different political parties within the county
having the largest circulation in compliance with
the provisions of
article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily newspaper, or
having only one or more qualified newspapers which publish weekly,
not more than twenty-six nor less than twenty days preceding the
primary election, the ballot commissioners shall publish the sample
official general election ballot as a Class I legal advertisement
in the qualified newspaper within the county having the largest
circulation in compliance with
the provisions of article three,
chapter fifty-nine of this code; and
(3) Each facsimile sample ballot shall be a photographic
reproduction of the official sample ballot or ballot pages and
shall be printed in a size no less than sixty-five percent of the
actual size of the ballot, at the discretion of the ballot
commissioners.
Provided, That However, when the ballots for the
precincts within the county contain different senatorial, delegate,
magisterial or executive committee districts or when the ballots
for precincts within a city contain different municipal wards, the
facsimile shall be altered to include each of the various districts in the appropriate order. If, in order to accommodate the size of
each ballot, the ballot or ballot pages must be divided onto more
than one page, the arrangement and order shall be made to conform
as nearly as possible to the arrangement of the ballot. The
publisher of the newspaper shall submit a proof of the ballot and
the arrangement to the ballot commissioners for approval prior to
publication.
(c) The ballot commissioners of each county shall prepare, in
the form and manner prescribed by the Secretary of State, an
official list of offices and nominees for each office which will
appear on the general election ballot for each political party or
as independent nominees and, as the case may be, for the
nonpartisan candidates to be voted for at the general election:
(1) All information which appears on the ballot, including
the
names of parties for which a straight ticket may be cast,
instructions relating to straight ticket voting, instructions as to
the number of candidates for whom votes may be cast for the office,
any additional language which will appear on the ballot below the
name of the office, any identifying information relating to the
candidates, such as his or her residence and magisterial district
or presidential preference. Following the names of all candidates,
the list shall include the full title, text and voting positions of
any issue to appear on the ballot.
(2) The order of the
straight ticket positions, offices and
candidates for each office and the manner of designating the
parties shall be as follows:
(A) The straight ticket positions shall be designated
"straight (party name) ticket", with the parties listed in the
order in which they appear on the ballot, from left to right or
from top to bottom, as the case may be;
(B) (A) The offices shall be listed in the same order in which
they appear on the ballot;
(C) (B) The candidates within each office for which one is to
be elected shall be listed in the order they appear on the ballot,
from left to right or from top to bottom, as the case may be, and
the candidate's political party affiliation or independent status
shall be indicated by the one or two letter initial specifying the
affiliation, placed in parenthesis to the right of the candidate's
name; and
(D) (C) The candidates within each office for which more than
one is to be elected shall be arranged by political party groups in
the order they appear on the ballot and the candidate's affiliation
shall be indicated as provided in paragraph (C) of this
subdivision.
(d) The official list of candidates and issues as provided in
subsection (c) of this section shall be published as follows:
(1) For counties in which two or more qualified newspapers
publish a daily newspaper, on the last day on which a newspaper is
published immediately preceding the general election, the ballot
commissioners shall publish the official list of nominees and
issues as a Class I-0 legal advertisement in the two qualified
daily newspapers of different political parties within the county having the largest circulation in compliance with
the provisions of
article three, chapter fifty-nine of this code;
(2) For counties having no more than one daily paper, or
having only one or more qualified newspapers which publish weekly,
on the last day on which a newspaper is published immediately
preceding the general election, the ballot commissioners shall
publish the sample official list of nominees and issues as a Class
I legal advertisement in the qualified newspaper within the county
having the largest circulation in compliance with
the provisions of
article three, chapter fifty-nine of this code;
(3) The publication of the official list of nominees for each
party and for nonpartisan candidates shall be in single or double
columns, as required to accommodate the type size requirements as
follows:
(A) The words "official list of nominees and issues", the name
of the county, the words "General Election" and the date of the
election shall be printed in all capital letters and in bold type
no smaller than fourteen point;
(B) The designation of the
straight ticket party positions
shall be printed in all capital letters in bold type no smaller
than twelve point and the title of the office shall be printed in
bold type no smaller than twelve point and any voting instructions
or other language printed below the title shall be printed in bold
type no smaller than ten point; and
(C) The names of the candidates and the initial within
parenthesis designating the candidate's affiliation shall be printed in all capital letters in bold type no smaller than ten
point and the residence information shall be printed in type no
smaller than ten point; and
(4) When any ballot issue is to appear on the ballot, the
title of that ballot shall be printed in all capital letters in
bold type no smaller than twelve point. The text of the ballot
issue shall appear in no smaller than eight point type. The ballot
commissioners may require the publication of the ballot issue under
this subsection in the facsimile sample ballot format in lieu of
the alternate format.
(e) Notwithstanding
the provisions of subsections (c) and (d)
of this section, beginning with the general election to be held in
the year 2000, the ballot commissioners of any county may choose to
publish a facsimile sample general election ballot, instead of the
official list of candidates and issues, for purposes of the last
publication required before any general election.
§3-6-5. Rules and procedures in election other than primaries.
The provisions of Article one of this chapter relating to
elections generally shall govern and control arrangements and
election officials for the conduct of elections under this article.
The following rules and procedures shall govern the voting for
candidates in general and special elections:
(a) If the voter desires to vote a straight ticket, or in
other words, for each and every candidate for one party for
whatever office nominated, the voter shall either:
(1) Mark the position designated for a straight ticket in the manner appropriate to the voting system; or
(2) Mark the voting position for each and every candidate of
the chosen party in the manner appropriate to the voting system.
(b) If the voter desires to vote a mixed ticket, or in other
words, for candidates of different parties, the voter shall either:
(1) Omit marking any straight ticket voting position and mark,
in the manner appropriate to the voting system, the name of each
candidate for whom he or she desires to vote on whatever ticket the
name may be; or
(2) Mark the position designated for a straight ticket for the
party for some of whose candidates he or she desires to vote and
then mark the name of any candidate of any other party for whom he
or she may desire to vote, in which case the cross mark in the
circular space above the name of the party straight ticket mark
will cast his or her vote for every candidate on the ticket of the
party except for offices for which candidates are marked on other
party tickets and the marks for the candidates will cast a vote for
them; or
(a) The voter shall either:
(1) Mark, in the manner appropriate to the voting system, the
name of each candidate for whom he or she desires to vote on
whatever ticket the name may be; or
(3) (2) Write with ink or other means or affix a sticker or
label or place an ink-stamped impression of the name of an official
write-in candidate for an office for whom he or she desires to vote
in the space designated for write-in votes for the particular voting system or for paper ballot systems, write or place the name
and office designation in any position on the face of the ballot
which makes the intention of the voter clear as to both the office
and the candidate chosen.
(c) If in marking either a straight or mixed ticket as above
defined, a straight ticket voting position is marked, and also one
or more marks are made for candidates on the same ticket for
offices for which candidates on other party tickets are not
individually marked, the marks before the name of candidate on the
ticket so marked shall be treated as surplusage and ignored.
(d) When a voter casts a straight ticket vote and also writes
in any name for an office, the straight ticket vote for that office
shall be rejected, whether or not a vote can be counted for a
write-in candidate.
(e) (b) The Secretary of State may proscribe devices for
casting write-in votes which would cause mechanical difficulty with
voting machines or electronic devices or which would obliterate or
deface a paper ballot or any portion thereof, but the Secretary of
State shall preserve the right to vote by a write-in vote for those
candidates who have filed and have been certified as official
write-in candidates under
the provisions of section four-a of this
article.
(f) (c) If the voter marks more names than there are persons
to be elected to an office or if, for any reason, it is impossible
to determine the voter's choice for an office to be filled, the
ballot shall not be counted for the office. The intention of the voter shall be deemed to be clear if the write-in vote cast for an
office contains both the first and last name of an official
write-in candidate for that office; and if no two official write-in
candidates for that office share a first or last name, either the
first name or last name alone shall be deemed to express the clear
intention of the voter.
(g) (d) Except as otherwise specifically provided in this
chapter, no ballot shall be rejected for any technical error which
does not make it impossible to determine the voter's choice.
§3-6-6. Ballot counting procedures in paper ballot systems.
When the polls are closed in an election precinct where only
a single election board has served, the receiving board shall
perform all of the duties prescribed in this section. When the
polls are closed in an election precinct where two election boards
have served, both the receiving and counting boards shall together
conclude the counting of the votes cast, the tabulating and
summarizing of the number of the votes cast, unite in certifying
and attesting to the returns of the election and join in making out
the certificates of the result of the election provided for in this
article. They shall not adjourn until the work is completed.
In all election precincts, as soon as the polls are closed and
the last voter has voted, the receiving board shall proceed to
ascertain the result of the election in the following manner:
(a) In counties in which the clerk of the county commission
has determined that the absentee ballots should be counted at the
precincts in which the absent voters are registered, the receiving board must first process the absentee ballots and deposit the
ballots to be counted in the ballot box. The receiving board shall
then proceed as provided in subsections (b) and (c) of this
section. In counties in which the absentee ballots are counted at
the central counting center, the receiving board shall proceed as
provided in subsections (b) and (c) of this section.
(b) The receiving board shall ascertain from the pollbooks and
record on the proper form the total number of voters who have
voted. The number of ballots challenged shall be counted and
subtracted from the total, the result should equal the number of
ballots deposited in the ballot box. The commissioners and clerks
shall also report, over their signatures, the number of ballots
spoiled and the number of ballots not voted.
(c) The procedure for counting ballots, whether performed
throughout the day by the counting board as provided in section
thirty-three, article one of this chapter or after the close of the
polls by the receiving board or by the two boards together, shall
be as follows:
(1) The ballot box shall be opened and all votes shall be
tallied in the presence of the entire election board;
(2) One of the commissioners shall take one ballot from the
box at a time and shall determine if the ballot is properly signed
by the two poll clerks of the receiving board. If not properly
signed, the ballot shall be placed in an envelope for the purpose,
without unfolding it. Any ballot which does not contain the proper
signatures shall be challenged. If an accurate accounting is made for all ballots in the precinct in which the ballot was voted and
no other challenge exists against the voter, the ballot shall be
counted at the canvas. If properly signed, the commissioner shall
hand the ballot to a team of commissioners of opposite politics,
who shall together read the votes marked on the ballot for each
office. Write-in votes for election for any person other than an
official write-in candidate shall be disregarded.
When a voter
casts a straight ticket vote and also casts a write-in vote for an
office, the straight ticket vote for that office shall be rejected
whether or not a vote can be counted for a write-in candidate;
(3) The commissioner responsible for removing the ballots from
the box shall keep a tally of the number of ballots as they are
removed and whenever the number shall equal the number of voters
entered on the pollbook minus the number of provisional ballots, as
determined according to subsection (a) of this section, any other
ballot found in the ballot box shall be placed in the same envelope
with unsigned ballots not counted, without unfolding the same or
allowing anyone to examine or know the contents thereof, and the
number of excess ballots shall be recorded on the envelope;
(4) Each poll clerk shall keep an accurate tally of the votes
cast by marking in ink on tally sheets, which shall be provided for
the purpose, so as to show the number of votes received by each
candidate for each office and for and against each issue on the
ballot; and
(5) When the reading of the votes is completed, the ballot
shall be immediately strung on a thread.
NOTE: This bill shall abolish the one-vote straight-ticket
voting in all general and special elections within West Virginia.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.