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Introduced Version Senate Bill 76 History

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Senate Bill No. 76

(By Senator Facemire)

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          [Introduced February 13, 2013; referred to the Committee on the Judiciary.]                             

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A BILL to amend and reenact §3-1-3a of the Code of West Virginia, 1931, as amended, relating to voting for president and vice president; and permitting voters who have moved to vote for those offices.

Be it enacted by the Legislature of West Virginia:

     That §3-1-3a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§3-1-3a. Persons entitled to vote under federal Voting Rights Act Amendments of 1970; authority of Secretary of State.
     (1) Any citizen of the United States who is a resident of the state and who applies, not later than thirty days immediately prior to any presidential election for registration or qualification to vote for the choice of electors for president and vice-president, or for president and vice-president, in such election, and who is otherwise qualified to vote, may register to vote, and vote, for the choice of electors for president and vice-president, or for president and vice-president, in such election, as provided by the federal Voting Rights Act Amendments of 1970.
     (2) Any citizen of the United States who has moved his or her residence from this state within thirty days next preceding any election for president and vice-president, and who was otherwise qualified to vote in this state as of the date of his or her change of residence and who has not satisfied the registration requirements of the state to which he or she has moved, may vote for the choice of electors for president and vice-president, or for president and vice-president, in such election, as provided by the federal Voting Rights Act Amendments of 1970. cast a vote for the offices of president and vice-president: (A) In person in the precinct where he or she was registered immediately prior to moving; (B) in person at any designated early voting location serving the precinct from which the voter has moved; or (C) by absentee ballot. The voter's request for a ballot due to a move out-of-state after the thirtieth day preceding the election shall serve as authorization for removal from the West Virginia voter rolls as provided in the National Voter Registration Act of 1993, 42 U.S.C. §1973gg-6. The request for the ballot must be on a form prescribed by the Secretary of State and, in the case of an absentee ballot, must be received by the clerk of the county commission of the last county of residence no later than the sixth day prior to the general election.
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(3) Any citizen of the United States who is otherwise qualified to vote in any election for president and vice-president shall not be denied the right to vote for those offices due to the failure to comply with any durational residency requirement of the state or political subdivision.
_____(4) No citizen of the United States may be denied the right to vote for electors for president and vice-president, or for president and vice-president, in any election because of failure of the citizen to be physically present in the state or political subdivision at the time of the election if the citizen has complied with the requirements prescribed by the laws of this state for the casting of an absentee ballot in the election.
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(3) (5) Any citizen of the United States who has attained the age of eighteen years but who has not attained the age of twenty- one years by the time of the next ensuing primary or election in which he may vote under section 302 of the federal Voting Rights Act Amendments of 1970, as interpreted and limited by the United States Supreme Court, and who is otherwise qualified to vote, may vote in any primary or election for those candidates for whom he or she is entitled to vote under said section 302 of the federal Voting Rights Act Amendments of 1970, as interpreted and limited by the United States supreme court.
     (4) (6) The Secretary of State shall have authority to make, amend and rescind such rules, regulations, orders and instructions, and prescribe such registration and voting procedures, forms (including registration, ballot and ballot label forms), lists and records, as may be necessary in order for this state to fully implement, and comply with, the federal voting laws Voting Rights Act Amendments of 1970, as interpreted and limited by the United States supreme court, and it shall be the duty of all public officers, election officers, boards and commissioners having any authority or responsibility in connection with any election, to comply with all such rules, regulations, orders and instructions, and use, make, follow or comply with all such registration and voting procedures, forms (including registration, ballot and ballot label forms), lists and records as have been prescribed by the Secretary of State under the foregoing authority vested in that office.


     NOTE: The purpose of this bill is to conform the Code West Virginia to federal requirements for presidential office ballots for registered voters moving from the state.

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