H. B. 2844


(By Delegate Stalnaker, By Request)
[Introduced February 19, 1999; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section three, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to persons entitled to vote; and defining the meaning of a person "of unsound mind" disqualifying a person to vote.

Be it enacted by the Legislature of West Virginia:
That section three, 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.
§3-1-3. Persons entitled to vote.
Citizens of the state shall be are entitled to vote at all elections held within the precincts of the counties and municipalities in which they respectively reside. But no person who has not been registered as a voter as required by law, or who is a minor, or of unsound mind, or who is under conviction of treason, felony or bribery in an election, or who is not a bona fide resident of the state, county or municipality in which he or she offers to vote, shall be is permitted to vote at such election while such the disability continues. Subject to the qualifications otherwise prescribed in this section, however, a minor shall be permitted to may vote only in a primary election if he will have the minor has reached the age of eighteen years on the date of the general election next to be held after such the primary election.
For purposes of this section, a person who is "of unsound mind" is a person who lacks the capacity to appreciate the nature and implications of the act of voting. The fact that a person has been adjudicated a "protected person" pursuant to the provisions of chapter forty-four-a of this code or suffers from mental retardation as defined in section three, article one, chapter twenty-seven of this code is not prima facie evidence that the person is of unsound mind.



NOTE: The purpose of this bill is to define a person who is of unsound mind in order to determine whether a person is disqualified to vote due to being of unsound mind. The bill also provides that the fact that if a person is a "protected person" or suffers from mental retardation, this is not prima facie evidence that the person is of unsound mind.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.