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.