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Introduced Version House Bill 3122 History

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hb3122 intr
H. B. 3122


(By Mr. Speaker, Mr. Kiss and Delegates Varner,

Williams, Crosier, Kominar, Stemple, Beane, Perry,

H. White, Michael and Campbell)

[Introduced March 22, 2005; referred to the

Committee on the Judiciary.]



A BILL to amend and reenact §3-2-11 of the Code of West Virginia, 1931, as amended, relating to voter registration generally; and providing that the Director of the Division of Natural Resources, designated county issuers and agents shall provide each qualified voter, as an integral and simultaneous part of every process of application for the issuance, renewal or change of address of any hunting or fishing license, a voter registration application form.

Be it enacted by the Legislature of West Virginia:

That §3-2-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. REGISTRATION OF VOTERS.

§3-2-11. Registration in conjunction with driver licensing and hunting and fishing licensing.

(a) Beginning on the first day of January, one thousand nine hundred ninety-five, the Division of Motor Vehicles and the Department of Public Safety, or such other Division or Department as may be established by law to perform motor vehicle driver licensing services, shall provide each qualified voter, as an integral and simultaneous part of every process of application for the issuance, renewal or change of address of any motor vehicle driver's license or official identification card, pursuant to the provisions of article two, chapter seventeen-b of this code, a voter registration application form as prescribed in section five of this article and beginning the first day of January, two thousand six, the Director of the Division of Natural Resources, designated county issuers and agents shall provide each qualified voter, as an integral and simultaneous part of every process of application for the issuance, renewal or change of address of any hunting or fishing license pursuant to the provisions of article two, chapter twenty of this code, a voter registration application form as prescribed in section five of this article.
(b) Any person who fails to sign the voter registration application or who fails to return the voter registration application to a driver licensing facility or to an issuer of a hunting and fishing license or to an appropriate voter registration office shall be deemed to have declined to register. Information regarding any person's failure to sign the voter registration application shall be confidential and shall not be used for any purpose other than to determine voter registration.
(c) Any qualified voter who submits the application for registration pursuant to the provisions of subsection (a) of this section in person at a driver licensing facility or to an issuer of a hunting and fishing license at the time of applying for, obtaining, renewing or transferring his or her driver's license or official identification card or when applying for a hunting or fishing license and who presents identification and proof of age at that time shall not be required to make his or her first vote in person or to again present identification in order to make that registration valid.
(d) Any qualified voter who submits by mail or by delivery by a third party an application for registration on the form used in conjunction with driver licensing or hunting or fishing license shall be required to make his or her first vote in person and present identification as required for other mail registration in accordance with the provisions of subsection (g), section ten of this article: Provided, That if the applicant has been previously registered in the jurisdiction and the application is for a change of address, change of name, change of political party affiliation or other correction, the presentation of identification and first vote in person shall not be required.
(e) Any application for voter registration submitted pursuant to the provisions of this section shall be considered as updating any previous voter registration by the applicant and shall authorize the cancellation of registration in any other county or state in which the applicant was previously registered.
(f) Any change of address from one residence to another within the same county which is submitted for driver licensing purposes or hunting or fishing license purposes in accordance with applicable law shall also serve as a notice of change of address for voter registration purposes unless the individual indicates on the form that the change of address is not for voter registration purposes.
(g) Completed applications for voter registration or change of address for voting purposes received by any office providing driver licensing services or any issuer of a hunting or fishing license shall be forwarded to the Secretary of State within five days of receipt. The Secretary of State shall remove and file any forms which have not been signed by the applicant and shall forward completed, signed applications to the clerk of the appropriate county commission within five days of receipt.
(h) Voter registration application forms containing voter information which are returned to a driver licensing office or to a hunting or fishing license issuer unsigned shall be collected and maintained for two years according to procedural rules promulgated by the Secretary of State.



NOTE: The purpose of this bill is to provide that the Director of the Division of Natural Resources, designated county issuers and agents shall provide each qualified voter, as an integral and simultaneous part of every process of application for the issuance, renewal or change of address of any hunting or fishing license, a voter registration application form.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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