H. B. 2310
(By Delegates Amores, Johnson, Tillis, Mahan, Capito,
Rowe and Riggs)
[Introduced January 20, 1999; referred
to the Committee on the Judiciary.]
A BILL to amend and reenact section thirty-seven, article one,
chapter three of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to
permitting children seven years of age and under to
accompany their parent or legal guardian to the polls;
and making certain technical revisions.
Be it enacted by the Legislature of West Virginia:
That section thirty-seven, article one, chapter three of
the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-37. Restrictions on presence and conduct at polls.
(a) No person, except other than the election officers
and voters while going to the election room to vote and
returning therefrom, may be or remain within three hundred feet of the outside entrance to the building housing the
polling place while the polls are open; but this section.
This subsection does not apply to persons living or carrying
on who reside or conduct business within that such distance of
the election room entrance to the building housing the polling
place, while in the discharge of their legitimate business, or
to persons whose business requires them to pass and repass
within three hundred feet of such entrance.
(b) A person who is delivering a voter to a polling place
by motor vehicle may drive such vehicle to a convenient and
accessible location to discharge the voter, notwithstanding
that the location is within three hundred feet of the outside
entrance to the building housing the polling place. Upon
discharging such voter from the vehicle, the person shall
remove the vehicle from within three hundred feet of the
entrance until such time as the voter is to be transported
from the polling place or another voter delivered: Provided,
That vehicles delivering voters who require assistance by
reason of blindness, disability or advanced age may remain
within three hundred feet of the entrance until such time as
the voter is to be transported from the polling place.
(c) The election commissions shall limit the number of
voters in the election room so as to preserve order. No
person may approach nearer than five feet to any booth or compartment while the election is being held, except the
voters to prepare their ballots, or the poll clerks when
called on by a voter to assist in the preparation of his
ballot, and no person, other than election officers and voters
engaged in receiving, preparing and depositing their ballots,
may be permitted to be within five feet of any ballot box,
except by authority of the board of election commissioners,
and then only for the purpose of keeping order and enforcing
the law.
(d) Not more than one person may be permitted to occupy
any booth or compartment at one time. No person may remain in
or occupy a booth or compartment longer than may be necessary
to prepare his ballot, and in no event longer than five
minutes, except that any person who claims a disability
pursuant to section thirty-four of this article shall have
additional time up to ten additional minutes to prepare his
ballot. No voter, or person offering to vote, may hold any
conversation or communication with any person other than the
poll clerks or commissioners of election, while in the
election room.
(e) The provisions of this section do not apply to
persons rendering assistance to blind voters as provided in
section thirty-four of this article or to any child seven
years of age or younger who accompanies a parent or legal guardian who is voting. Any dispute concerning the age of a
child accompanying a parent or legal guardian who is voting
shall be determined by the election commissioners.
Note: The purpose of this bill is to permit children
seven years of age or younger to accompany their parent to the
polls.