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Introduced Version Senate Bill 711 History

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sb711 intr
Senate Bill No. 711

(By Senators Hunter and Weeks)

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[Introduced March 21, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §3-2-31 of the Code of West Virginia, 1931, as amended, relating to clarifying the deadline for voter registration in order to vote in a party primary.

Be it enacted by the Legislature of West Virginia:
That §3-2-31 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. REGISTRATION OF VOTERS.

§3-2-31. Rules pertaining to voting after registration or change of address within the county.

(a) A voter who designates a political affiliation with a major party on a registration application filed at least thirty days no later than the close of voter registration before the primary may vote the ballot of that political party in the primary election. Political parties, through the official action of their state executive committees, shall be permitted to determine whether unaffiliated voters or voters of other parties shall be allowed to vote that party's primary election ballot upon request.
(b) A voter whose registration record lists one residence address but the voter has since moved to another residence address within the precinct shall be permitted to update the registration at the polling place and vote without challenge for that reason.
(c) A voter whose registration record lists one residence address but the voter has since moved to another residence address in a different precinct in the same county shall be permitted to update the registration at the polling place serving the new precinct and shall be permitted to vote a challenged or provisional ballot at the new polling place. If the voter's registration is found on the registration records within the county during the canvass and no other challenge of eligibility was entered on election day, the challenge shall be removed and the ballot shall be counted.
(d) A voter whose registration record has been placed on an inactive status or transferred to an inactive file and who has not responded to a confirmation notice sent pursuant to the provisions of section twenty-four, twenty-five or twenty-six of this article and who offers to vote at the polling place where he or she is registered to vote shall be required to affirm his or her present residence address under penalty of perjury, as provided in section thirty-six of this article.


NOTE: The purpose of this bill is to cleanup the language in this section regarding the deadline to change party affiliation in order to vote in a party primary.

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