H. B. 2450


(By Delegate McGraw)
[Introduced March 3, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section twenty-two-a, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to automatic voter registration at driver's license facilities.
Be it enacted by the Legislature of West Virginia:

That section twenty-two-a, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§ 3-2-22a. Registration at driver's license facilities.

(a) Commencing on the first day of July, one thousand nine hundred ninety-one three, the division of motor vehicles and the department of public safety shall provide simultaneously complete a voter registration form for each qualified elector who applies in person for the issuance, renewal or correction of any type of driver's license or identification regardless of that person's voting precinct or county of residence in the state, in accordance with the provisions of article two, chapter seventeen-b of this code. the opportunity to complete a voter registration form regardless of that person's voting precinct or county of residence in the state.

(b) For purposes of this section, each employee authorized by the division of motor vehicles or department of public safety to provide complete voter registration forms is hereby authorized to administer the oath prescribed on the form.
(c) Completed voter registration forms received by the division of motor vehicles or by the department of public safety shall be forwarded to the secretary of state on a weekly basis, and the secretary of state shall then forward the registrations to the appropriate county clerk's office on a weekly basis. Upon receipt of a voter registration form, the county clerk shall determine if the form meets the requirements for registration. If the county clerk finds that the form meets the requirements for registration, the registration shall be deemed to be effective on the date that it was made at the division of motor vehicles or department of public safety. If it does not meet the requirements, the county clerk shall immediately notify the applicant of the information required and the registration shall be deemed to be effective on the date that the additional information is received by the county clerk.
(d) Fifty cents of each license fee collected pursuant to the provisions of section one, article three, chapter seventeen of this code shall be paid into the state treasury to the credit of a special revenue fund to be known as the "combined voter registration and driver's licensing fund", which is hereby created. The moneys so credited to such fund may be used by the secretary of state solely for:
(1) Printing and distribution of combined driver's license application and voter registration forms, or for the printing of voter registration forms to be used in conjunction with driver's license applications.
(2) Postage and mailing costs of returning completed voter registrations to the appropriate state or county election official.
(3) Postage and mailing costs incurred by the clerk of the county commission for sending a receipt of voter registration to each person who registers to vote using the combined licensing and voter registration procedure.
(4) Employment of personnel solely for the purpose of issuing driver's licenses and offering implementing voter registration services or the payment of the portion of such personnel costs apportioned to such duties.
(5) Start-up costs associated with preparing the computer programming relating to increased licensing fees and the collection thereof.
The secretary of state is authorized to expend or distribute funds to the respective agencies and counties for the reimbursement of actual costs incurred for the purposes set forth in this subsection.
(e) The secretary of state may promulgate rules pursuant to the provisions of chapter twenty-nine-a of this code to provide for the administration of this registration program.



NOTE: The purpose of this bill is to make voter registration simultaneous for a person who applies for the issuance, renewal, or correction of any type of driver's license.

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