H. B. 4111
(By Delegates Modesitt, Stalnaker, Azinger,
Manchin, Marshall, L. Smith and Prunty)
[Introduced January 20, 2000; 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; and to amend and reenact section two,
article two of said chapter, all relating to substituting the
term "protected person" in place of the terms "unsound mind"
and "mentally incompetent."
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; and that section two, article two of said
chapter be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-3. Persons entitled to vote.
Citizens of the state shall be 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 a protected person as defined in
subdivision (3), section four, article one, chapter forty-four, 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
permitted to vote at such the election while such disability
continues. Subject to the qualifications otherwise prescribed in
this section, however, a minor shall be permitted to vote only in
a primary election if he or she will have reached the age of
eighteen years on the date of the general election next to be held
after such the primary election.
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-2. Eligibility to register to vote.
(a) Any person who possesses the constitutional qualifications
for voting may register to vote. Such a The person shall be a
citizen of the United States and a legal resident of West Virginia
and of the county where he or she is applying to register, shall be at least eighteen years of age, except that a person who is at
least seventeen years of age and who will be eighteen years of age
by the time of the next ensuing general election may also be
permitted to register, and shall not be otherwise legally
disqualified: Provided, That a registered voter who has not
reached eighteen years of age may vote both partisan and
nonpartisan ballots in a state, county or municipal primary
election, but is not eligible to vote in a municipal general
election or special election.
(b) Any person who has been convicted of a felony, treason or
bribery in an election, under either state or federal law, is
disqualified and shall not be eligible to register or to continue
to be registered to vote during the term of any sentence for such
the conviction, including any period of incarceration, probation or
parole related thereto. Any person who has been determined to be
mentally incompetent by a court of competent jurisdiction a
protected person as defined in subdivision (3), section four,
article one, chapter forty-four, is disqualified and shall not be
eligible to register or to continue to be registered to vote for as
long as that determination remains in effect.
NOTE: This bill provides for permitting those persons who are
of discerning mind to register and vote even though they may have
a conservator, or other person managing their business affairs, but
still excludes from registering and voting those persons who,
because of mental impairment, are unable to receive and evaluate
information effectively or to respond to people, and environments.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.