ENROLLED
Senate Bill No. 581
(By Senators Unger and K. Facemyer)
____________
[Passed March 12, 2011; in effect from passage.]
____________
AN ACT to amend and reenact §3-3-3 of the Code of West Virginia,
1931, as amended, relating to reducing the days for early
voting in person; and allowing Saturday early voting in all
elections.
Be it enacted by the Legislature of West Virginia:
That §3-3-3 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-3. Early voting in person.
(a) The voting period for early in-person voting is to be
conducted during regular business hours beginning on the thirteenth
day before the election and continuing through the third day before
the election. Additionally, early in-person voting is to be
available from 9:00 a.m. to 5:00 p.m. on Saturdays during the
early voting period.
(b) Any person desiring to vote during the period of early in-
person voting shall, upon entering the election room, clearly state
his or her name and residence to the official or representative
designated to supervise and conduct absentee voting. If that
person is found to be duly registered as a voter in the precinct of
his or her residence, he or she is required to sign his or her name
in the space marked "signature of voter" on the pollbook. If the
voter is unable to sign his or her name due to illiteracy or
physical disability, the person assisting the voter and witnessing
the mark of the voter shall sign his or her name in the space
provided. No ballot may be given to the person until he or she
signs his or her name on the pollbook.
(c) When the voter's signature or mark is properly on the
pollbook, two qualified representatives of the official designated
to supervise and conduct absentee voting shall sign their names in
the places indicated on the back of the official ballot.
(d) If the official designated to supervise and conduct
absentee voting determines that the voter is not properly
registered in the precinct where he or she resides, the clerk or
his or her representative shall challenge the voter's absentee
ballot as provided in this article.
(e) The official designated to supervise and conduct absentee
voting shall provide each person voting an absentee ballot in
person the following items to be printed as prescribed by the Secretary of State:
(1) In counties using paper ballots, one of each type of
official absentee ballot the voter is eligible to vote, prepared
according to law;
(2) In counties using punch card systems, one of each type of
official absentee ballot the voter is eligible to vote, prepared
according to law, and a gray secrecy envelope;
(3) In counties using optical scan systems, one of each type
of official absentee ballot the voter is eligible to vote, prepared
according to law, and a secrecy sleeve; or
(4) For direct recording election systems, access to the
voting equipment in the voting booth.
(f) The voter shall enter the voting booth alone and there
mark the ballot:
Provided, That the voter may have assistance in
voting according to the provisions of section four of this article.
After the voter has voted the ballot or ballots, the absentee voter
shall: Place the ballot or ballots in the gray secrecy envelope and
return the ballot or ballots to the official designated to
supervise and conduct the absentee voting:
Provided, however, That
in direct recording election systems, once the voter has cast his
or her ballot, the voter shall exit the polling place.
(g) Upon receipt of the voted ballot, representatives of the
official designated to supervise and conduct the absentee voting
shall:
(1) Remove the ballot stub;
(2) Place punch card ballots and paper ballots into one
envelope which shall not have any marks except the precinct number
and seal the envelope; and
(3) Place ballots for all voting systems into a ballot box
that is secured by two locks with a key to one lock kept by the
president of the county commission and a key to the other lock kept
by the county clerk.