Introduced Version
Senate Bill 76 History
OTHER VERSIONS -
Committee Substitute (1)
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Key: Green = existing Code. Red = new code to be enacted
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.
_____(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.
_____(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.