ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 196
(Senators Wooton, Burnette, Hunter, Kessler, Oliverio,
Redd, Ross, Rowe, Snyder, Facemyer, Deem, Mccabe, Mckenzie and Minard,
original sponsors)
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[Passed February 5, 2002; in effect from passage.]
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AN ACT to amend and reenact sections twenty-nine, thirty and
thirty-four, article one, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact sections seven and nineteen, article two of
said chapter; to amend and reenact sections two-a, three,
four, seven, eight and eleven, article three of said chapter;
to amend and reenact sections ten and twenty, article four of
said chapter; to amend and reenact sections three, nineteen-a
and twenty-one, article four-a of said chapter; to amend and
reenact section thirteen, article five of said chapter; to
amend and reenact sections two, four-a and six, article six of
said chapter; to amend and reenact section six, article seven
of said chapter; to amend and reenact section four-a, article eight of said chapter; and to amend and reenact section
thirteen, article five, chapter eight of said code, all
relating to election laws generally; defining term "election
official trainee"; providing for the discretionary appointment
of election official trainees; requiring county executive
committees to nominate certain number of alternates to serve
as election officials; authorizing governing bodies to confirm
qualifications of persons nominated to serve as election
officials; removing requirement that election officials
appointed on election day be from same political party as
person originally appointed to serve; prohibiting candidates
from assisting persons who are voting; eliminating
inconsistencies relating to extended hours of voter
registration; establishing when separate municipal precinct
books must be maintained; eliminating prohibition on presence
of metal detectors in absentee voting location of courthouse;
reducing the time period in which persons may vote a regular
absentee ballot; changing the process of delivery and counting
of certain absentee ballots; authorizing county clerks to
determine whether absentee ballots should be counted at the
precincts or the central counting center; requiring election
officials to report certain findings to the prosecuting
attorney; permitting absentee ballots without proper
signatures of election officials to be counted in certain circumstances; providing for the use of electronic voting or
direct recording election equipment where available for
absentee voting; shortening time period in which county
commissions may adopt electronic voting systems; providing for
application of amendment; permitting ballots voted on election
day without proper signatures of election officials to be
counted in certain circumstances; authorizing language on
ballot describing fact that no candidates are listed for
vacant positions; making certain technical revisions;
eliminating filing fee for write-in candidates; providing
options for the counting of absentee ballots in paper ballot
systems; clarifying certain language pertaining to election
contests and confirming applicability of law to municipal
elections; authorizing the reopening of political party
committees for a limited period of time; and requiring
municipalities to maintain permanent registration of voters.
Be it enacted by the Legislature of West Virginia:
That sections twenty-nine, thirty and thirty-four, article
one, chapter three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; that
sections seven and nineteen, article two of said chapter be amended
and reenacted; that sections two-a, three, four, seven, eight and
eleven, article three of said chapter be amended and reenacted;
that sections ten and twenty, article four of said chapter be amended and reenacted; that sections three, nineteen-a and twenty-
one, article four-a of said chapter be amended and reenacted; that
section thirteen, article five of said chapter be amended and
reenacted; that sections two, four-a and six, article six of said
chapter be amended and reenacted; that section six, article seven
of said chapter be amended and reenacted; that section four-a,
article eight of said chapter be amended and reenacted; and that
section thirteen, article five, chapter eight of said code be
amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-29. Boards of election officials; definitions, composition of
boards, determination of number and type.
(a) For the purpose of this article:
(1) The term "standard receiving board" means those election
officials charged with conducting the process of voting within a
precinct and consists of five persons, including one team of poll
clerks, one team of election commissioners for the ballot box and
one additional election commissioner: Provided, That if a
municipal election is held at a time when there is no county or
state election, then the standard receiving board is to consist of
four persons, including one team of poll clerks and one team of
election commissioners for the ballot box;
(2) The term "expanded receiving board" means a standard
receiving board as defined in subdivision (1) of this subsection and one additional team of poll clerks;
(3) The term "counting board" means those election officials
charged with counting the ballots at the precinct in counties using
paper ballots and includes one team of poll clerks, one team of
election commissioners and one additional commissioner;
(4) The term "team of poll clerks" or "team of election
commissioners" means two persons appointed by opposite political
parties to perform the specific functions of the office: Provided,
That no team of poll clerks or team of election commissioners may
consist of two persons with the same registered political party
affiliation or two persons registered with no political party
affiliation; and
(5) The term "election official trainee" means an individual
who is sixteen or seventeen years of age who meets the requirements
of subdivisions (2), (3), (4), (5) and (6), subsection (a), section
twenty-eight of this article who serves as a trainee to the
standard receiving board on a volunteer basis by assisting the
standard receiving board in performing its official duties and who
receives credits for an official community service program as may
be required to obtain a high school diploma.
(b) The composition of boards of election officials shall be
as follows:
(1) In any primary, general or special election other than a
presidential primary or presidential general election, each election precinct is to have one standard receiving board;
(2) In presidential primary and presidential general
elections, each election precinct is to have one receiving board as
follows:
(A) For precincts of less than five hundred registered voters,
one standard receiving board;
(B) For precincts of five hundred to seven hundred registered
voters, one standard receiving board or, at the discretion of the
county commission, one expanded receiving board; and
(C) For precincts of more than seven hundred registered
voters, one expanded receiving board;
(3) In any election conducted using paper ballots, counting
boards may be allowed, disallowed or required as follows:
(A) For any state, county or municipal special election, no
counting board may be allowed;
(B) In a statewide primary or general election, one counting
board is required for any precinct of more than four hundred
registered voters and one counting board may be allowed, at the
discretion of the county commission, for any precinct of at least
two hundred but no more than four hundred registered voters; and
(C) In a municipal primary or general election, one counting
board may be allowed, at the discretion of the municipal governing
body, for any precinct of more than two hundred registered voters.
(c) For each primary and general election in the county, the county commission shall designate the number and type of election
boards for the various precincts according to the provisions of
this section. At least eighty-four days before each primary and
general election the county commission shall notify the county
executive committees of the two major political parties in writing
of the number of nominations which may be made for poll clerks and
election commissioners.
(d) For each municipal election, the governing body of the
municipality shall perform the duties of the county commission as
provided in this section.
(e) For each primary, general or special election in the
county, the county commission, and for each municipal election, the
governing body of the municipality, may appoint one or two election
official trainees for each precinct.
§3-1-30. Nomination and appointment of election officials and
alternates; notice of appointment; appointment to fill
vacancies in election boards.
(a) For any primary, general or special election held
throughout a county, poll clerks and election commissioners may be
nominated as follows:
(1) The county executive committee for each of the two major
political parties may, by a majority vote of the committee at a
duly called meeting, nominate one qualified person for each team of
poll clerks and one qualified person for each team of election commissioners to be appointed for the election;
(2) The appointing body shall select one qualified person as
the additional election commissioner for each board of election
officials;
(3) Each county executive committee shall also nominate
qualified persons as alternates for at least ten percent of the
poll clerks and election commissioners to be appointed in the
county and is authorized to nominate as many qualified persons as
alternates as there are precincts in the county to be called upon
to serve in the event any of the persons originally appointed fail
to accept appointment or fail to appear for the required training
or for the preparation or execution of their duties;
(4) When an executive committee nominates qualified persons as
poll clerks, election commissioners or alternates, the committee,
or its chairman or secretary on its behalf, shall file in writing
with the appointing body, no later than the fifty-sixth day before
the election, a list of those persons nominated and the positions
for which they are designated.
(b) For any municipal primary, general or special election,
the poll clerks and election commissioners may be nominated as
follows:
(1) In municipalities which have municipal executive
committees for the two major political parties in the municipality,
each committee may nominate election officials in the manner provided for the nomination of election officials by county
executive committees in subsection (a) of this section;
(2) In municipalities which do not have executive committees,
the governing body shall provide by ordinance for a method of
nominating election officials or shall nominate as many eligible
persons as are required, giving due consideration to any
recommendations made by voters of the municipality or by candidates
on the ballot.
(c) The governing body responsible for appointing election
officials is:
(1) The county commission for any primary, general or special
election ordered by the county commission and any joint county and
municipal election;
(2) The board of education for any special election ordered by
the board of education conducted apart from any other election;
(3) The municipal governing body for any primary, general or
special municipal election ordered by the governing body.
(d) The qualifications for persons nominated to serve as
election officials may be confirmed prior to appointment by the
clerk of the county commission for any election ordered by the
county commission or for any joint county and municipal election
and by the official recorder of the municipality for a municipal
election.
(e) The appropriate governing body shall appoint the election officials for each designated election board no later than the
forty-ninth day before the election as follows:
(1) Those eligible persons whose nominations for poll clerk
and election commissioner were timely filed by the executive
committees and those additional persons selected to serve as an
election commissioner are to be appointed;
(2) The governing body shall fill any positions for which no
nominations were filed.
(f) At the same time as the appointment of election officials
or at a subsequent meeting, the governing body shall appoint
persons as alternates: Provided, That no alternate may be eligible
for compensation for election training unless the alternate is
subsequently appointed as an election official, or is instructed to
attend and actually attends training as an alternate, and, if
called to do so, also serves at the polls on election day.
Alternates shall be appointed and serve as follows:
(1) Those alternates nominated by the executive committees
shall be appointed;
(2) The governing body may appoint additional alternates who
may be called upon to fill vacancies after all alternates
designated by the executive committees have been assigned, have
declined to serve or have failed to attend training; and
(3) The governing body may determine the number of persons who
may be instructed to attend training as alternates.
(g) The clerk of the county commission shall appoint qualified
persons to fill all vacancies existing after all previously
appointed alternates have been assigned, have declined to serve or
have failed to attend training.
(h) Within seven days following appointment, the clerk of the
county commission shall notify, by first-class mail, all election
commissioners, poll clerks and alternates of the fact of their
appointment and include with the notice a response notice form for
the appointed person to return indicating whether or not he or she
agrees to serve in the specified capacity in the election.
(i) The position of any person notified of appointment who
fails to return the response notice or otherwise confirm to the
clerk of the county commission his or her agreement to serve within
fourteen days following the date of appointment is considered
vacant and the clerk shall proceed to fill the vacancies according
to the provisions of this section.
(j) If an appointed election official fails to appear at the
polling place by forty-five minutes past five o'clock a.m. on
election day, the election officials present shall contact the
office of the clerk of the county commission for assistance in
filling the vacancy and the clerk shall proceed as follows:
(1) The clerk may attempt to contact the person originally
appointed, may assign an alternate nominated by the same political
party as the person absent if one is available or, if no alternate is available, may appoint another eligible person;
(2) If the election officials present are unable to contact
the clerk within a reasonable time, they shall diligently attempt
to fill the position with an eligible person of the same political
party as the party that nominated the person absent until a
qualified person has agreed to serve;
(3) If two teams of election officials, as defined in section
twenty-nine of this article, are present at the polling place, the
person appointed to fill a vacancy in the position of the
additional commissioner may be of either political party.
(k) In a municipal election, the recorder or other official
designated by charter or ordinance to perform election
responsibilities shall perform the duties of the clerk of the
county commission as provided in this section.
§3-1-34. Voting procedures generally; assistance to voters; voting
records; penalties.
(a) Any person desiring to vote in an election shall, upon
entering the election room, clearly state his or her name and
residence to one of the poll clerks who shall thereupon announce
the same in a clear and distinct tone of voice. If that person is
found to be duly registered as a voter at that precinct, he or she
shall be required to sign his or her name in the space marked
"signature of voter" on the pollbook prescribed and provided for
the precinct. If that person is physically or otherwise unable to sign his or her name, his or her mark shall be affixed by one of
the poll clerks in the presence of the other and the name of the
poll clerk affixing the voter's mark shall be indicated immediately
under the affixation. No ballot may be given to the person until
he or she so signs his or her name on the pollbook or his or her
signature is so affixed thereon.
(b) The clerk of the county commission is authorized, upon
verification that the precinct at which a handicapped person is
registered to vote is not handicap accessible, to transfer that
person's registration to the nearest polling place in the county
which is handicap accessible. Requests by these persons for a
transfer of registration shall be received by the county clerk no
later than thirty days prior to the date of the election. Any
handicapped person who has not made a request for a transfer of
registration at least thirty days prior to the date of the election
may vote a challenged ballot at a handicap accessible polling place
in the county of his or her registration and, if during the canvass
the county commission determines that the person had been
registered in a precinct not handicap accessible, the voted ballot,
if otherwise valid, shall be counted. The handicapped person may
vote in the precinct to which the registration was transferred only
as long as the disability exists or the precinct from which the
handicapped person was transferred remains inaccessible to the
handicapped. To ensure confidentiality of the transferred ballot, the county clerk processing the ballot shall provide the voter with
an unmarked envelope and an outer envelope designated "challenged
ballot/handicapped voter". After validation of the ballot at the
canvass, the outer envelope shall be destroyed and the handicapped
voter's ballot shall be placed with other approved challenged
ballots prior to removal of the ballot from the unmarked envelope.
(c) When the voter's signature is properly on the pollbook,
the two poll clerks shall sign their names in the places indicated
on the back of the official ballot and shall deliver the ballot to
the voter to be voted by him or her then without leaving the
election room. If he or she returns the ballot spoiled to the
clerks, they shall immediately mark the ballot "spoiled" and it
shall be preserved and placed in a spoiled ballot envelope together
with other spoiled ballots to be delivered to the board of
canvassers and deliver to the voter another official ballot, signed
by the clerks on the reverse side as before done. The voter shall
thereupon retire alone to the booth or compartment prepared within
the election room for voting purposes and there prepare his or her
ballot, using a ballpoint pen of not less than five inches in
length or other indelible marking device of not less than five
inches in length. In voting for candidates in general and special
elections, the voter shall comply with the rules and procedures
prescribed in section five, article six of this chapter.
(d) It is the duty of a poll clerk, in the presence of the other poll clerk, to indicate by a check mark inserted in the
appropriate place on the registration record of each voter the fact
that the voter voted in the election. In primary elections the
clerk shall also insert thereon a distinguishing initial or
initials of the political party for whose candidates the voter
voted. If a person is challenged at the polls, the challenge shall
be indicated by the poll clerks on the registration record together
with the name of the challenger. The subsequent removal of the
challenge shall be recorded on the registration record by the clerk
of the county commission.
(e)(1) No voter may receive any assistance in voting unless,
by reason of blindness, disability, advanced age or inability to
read and write, that voter is unable to vote without assistance.
Any voter qualified to receive assistance in voting under the
provisions of this section may:
(A) Declare his or her choice of candidates to an election
commissioner of each political party who, in the presence of the
voter and in the presence of each other, shall prepare the ballot
for voting in the manner hereinbefore provided and, on request,
shall read over to the voter the names of candidates on the ballot
as so prepared;
(B) Require the election commissioners to indicate to him or
her the relative position of the names of the candidates on the
ballot, whereupon the voter shall retire to one of the booths or compartments to prepare his or her ballot in the manner
hereinbefore provided;
(C) Be assisted by any person of the voter's choice, other
than the voter's present or former employer or agent of that
employer, the officer or agent of a labor union of which the voter
is a past or present member, or a candidate on the ballot; or
(D) If he or she is handicapped, vote from an automobile,
outside the polling place or precinct, in the presence of an
election commissioner of each political party if all of the
following conditions are met:
(i) The polling place is not handicap accessible; and
(ii) No voters are voting or waiting to vote inside the
polling place.
(2) Any voter who requests assistance in voting but who is
believed not to be qualified for such assistance under the
provisions of this section shall nevertheless be permitted to vote
a challenged ballot with the assistance of any person herein
authorized to render assistance.
(3) Any one or more of the election commissioners or poll
clerks in the precinct may challenge the ballot on the ground that
the voter thereof received assistance in voting it when in his or
their opinion that the person who received assistance in voting is
not so illiterate, blind, disabled or of such advanced age as to
have been unable to vote without assistance. The election commissioner or poll clerk or commissioners or poll clerks making
the challenge shall enter the challenge and reason therefor on the
form and in the manner prescribed or authorized by article three of
this chapter.
(4) An election commissioner or other person who assists a
voter in voting:
(A) May not in any manner request or seek to persuade or
induce the voter to vote any particular ticket or for any
particular candidate or for or against any public question and must
not keep or make any memorandum or entry of anything occurring
within the voting booth or compartment and must not, directly or
indirectly, reveal to any person the name of any candidate voted
for by the voter or which ticket he or she had voted or how he or
she had voted on any public question or anything occurring within
the voting booth or compartment or voting machine booth except when
required pursuant to law to give testimony as to the matter in a
judicial proceeding; and
(B) Shall sign a written oath or affirmation before assisting
the voter on a form prescribed by the secretary of state stating
that he or she will not override the actual preference of the voter
being assisted, attempt to influence the voter's choice or mislead
the voter into voting for someone other than the candidate of
voter's choice. The person assisting the voter shall also swear or
affirm that he or she believes that the voter is voting free of intimidation or manipulation: Provided, That no person providing
assistance to a voter is required to sign an oath or affirmation
where the reason for requesting assistance is the voter's inability
to vote without assistance because of blindness as defined in
section three, article fifteen, chapter five of this code and the
inability to vote without assistance because of blindness is
certified in writing by a physician of the voter's choice and is on
file in the office of the clerk of the county commission.
(5) In accordance with instructions issued by the secretary of
state, the clerk of the county commission shall provide a form
entitled "list of assisted voters", the form of which list shall
likewise be prescribed by the secretary of state. The
commissioners shall enter the name of each voter receiving
assistance in voting the ballot, together with the poll slip number
of that voter and the signature of the person or the commissioner
from each party who assisted the voter. If no voter has been
assisted in voting the ballot as herein provided, the commissioners
shall likewise make and subscribe to an oath of that fact on the
list.
(f) After preparing the ballot the voter shall fold the same
so that the face is not exposed and so that the names of the poll
clerks thereon are seen. The voter shall then announce his or her
name and present his or her ballot to one of the commissioners who
shall hand the same to another commissioner, of a different political party, who shall deposit it in the ballot box if the
ballot is the official one and properly signed. The commissioner
of election may inspect every ballot before it is deposited in the
ballot box to ascertain whether it is single, but without unfolding
or unrolling it so as to disclose its content. When the voter has
voted, he or she shall retire immediately from the election room
and beyond the sixty-foot limit thereof and may not return except
by permission of the commissioners.
(g) Following the election, the oaths or affirmations required
by this section from those assisting voters, together with the
"list of assisted voters", shall be returned by the election
commissioners to the clerk of the county commission along with the
election supplies, records and returns, who shall make the oaths,
affirmations and list available for public inspection and who shall
preserve these for a period of twenty-two months or until
disposition is authorized or directed by the secretary of state, or
court of record.
(h) Any person making an oath or affirmation required under
the provisions of this section who knowingly swears falsely or any
person who counsels, advises, aids or abets another in the
commission of false swearing under this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than one thousand dollars or imprisoned in the county or regional
jail for a period of not more than one year, or both fined and imprisoned.
(i) Any election commissioner or poll clerk who authorizes or
provides unchallenged assistance to a voter when the voter is known
to the election commissioner or poll clerk not to require
assistance in voting is guilty of a felony and, upon conviction
thereof, shall be fined not more than five thousand dollars or
imprisoned in a state correctional facility for a period of not
less than one year nor more than five years, or both fined and
imprisoned.
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-7. Hours and days of registration in the office of the clerk
of the county commission; in-person application for voter
registration; identification required.
(a) The clerk of the county commission shall provide voter
registration services at all times when the office of the clerk is
open for regular business. In addition, the office of the clerk
shall remain open for voter registration from 9:00 a.m. until 8:00
p.m. on the two weekdays immediately preceding the close of
registration for statewide primary and general elections, other
than legal holidays, and from 9:00 a.m. until 5:00 p.m. on the
Saturday prior to the close of registration for statewide primary
and general elections.
(b) Any eligible voter who desires to apply for voter
registration in person at the office of the clerk of the county commission shall complete a voter registration application on the
prescribed form and shall sign the oath required on that
application in the presence of the clerk of the county commission
or his or her deputy. The applicant shall then present valid
identification and proof of age, except that the clerk may waive
the proof of age requirement if the applicant is clearly over the
age of eighteen.
(c) The clerk shall attempt to establish whether the residence
address given is within the boundaries of an incorporated
municipality and, if so, make the proper entry required for
municipal residents to be properly identified for municipal voter
registration purposes.
(d) Upon receipt of the completed registration application,
the clerk shall either:
(1) Provide a notice of procedure for verification and notice
of disposition of the application and immediately begin the
verification process prescribed by the provisions of section
sixteen of this article; or
(2) Upon presentation of a current driver's license or state-
issued identification card containing the residence address as it
appears on the voter registration application, issue the receipt of
registration.
§3-2-19. Maintenance of active and inactive registration files in
precinct record books and county alphabetical registration file.
(a) Each county shall continue to maintain a record of each
active and inactive voter registration in precinct registration
books until the state uniform data system is adopted pursuant to
the provisions of section twenty of this article, fully implemented
and given final approval by the secretary of state. The precinct
registration books shall be maintained as follows:
(1) Each active voter registration shall be entered in the
precinct book or books for the county precinct in which the voter's
residence is located and shall be filed alphabetically by name,
alphabetically within categories, or by numerical street address,
as determined by the clerk of the county commission for the
effective administration of registration and elections. No active
voter registration record shall be removed from the precinct
registration books unless the registration is lawfully transferred
or canceled pursuant to the provisions of this article.
(2) Each voter registration which is designated "inactive"
pursuant to the procedures prescribed in section twenty-seven of
this article shall be retained in the precinct book for the county
precinct in which the voter's last recorded residence address is
located until the time period expires for which a record must
remain on the inactive files. Every inactive registration shall be
clearly identified by a prominent tag or notation or arranged in a
separate section in the precinct book clearly denoting the registration status. No inactive voter registration record shall
be removed from the precinct registration books unless the
registration is lawfully transferred or canceled pursuant to the
provisions of this article.
(b) For municipal elections, the registration records of
active and inactive voters shall be maintained as follows:
(1) County precinct books shall be used in municipal elections
when the county precinct boundaries and the municipal precinct
boundaries are the same and all registrants of the precinct are
entitled to vote in state, county and municipal elections within
the precinct or when the registration records of municipal voters
within a county precinct are separated and maintained in a separate
municipal section or book for that county precinct and can be used
either alone or in combination with other precinct books to make up
a complete set of registration records for the municipal election
precinct.
(2) Upon request of the municipality, and if the clerk of the
county commission does not object, separate municipal precinct
books shall be maintained in cases where municipal or ward
boundaries divide county precincts and
it is impractical to use
county precinct books or separate municipal sections of those
precinct books. If the clerk of the county commission objects to
the request of a municipality for separate municipal precinct
books, the state election commission must determine whether the separate municipal precinct books should be maintained.
(3) No registration record may be removed from a municipal
registration record unless the registration is lawfully transferred
or canceled pursuant to the provisions of this article in both the
county and the municipal registration records.
(c) No later than the first day of January, one thousand nine
hundred ninety-five, and within thirty days following the entry of
any annexation order or change in street names or numbers, the
governing body of an incorporated municipality shall file with the
clerk of the county commission a certified current official
municipal boundary map and a list of streets and ranges of street
numbers within the municipality to assist the clerk in determining
whether a voter's address is within the boundaries of the
municipality.
(d) Each county, so long as precinct registration books are
maintained, shall maintain a duplicate record of every active and
inactive voter registration in a county alphabetical file. The
alphabetical file may be maintained on individual paper forms or,
upon approval of the secretary of state of a qualified data storage
program, may be maintained in digitized format. A qualified data
storage program shall be required to contain the same information
for each voter registration as the precinct books, shall be subject
to proper security from unauthorized alteration and shall be
regularly duplicated to backup data storage to prevent accidental destruction of the information on file.
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-2a. Voting booths within public view to be provided;
prohibition against display of campaign material.
Throughout the period of absentee voting in person, the
official designated to supervise and conduct absentee voting shall
make the following provisions for voting:
(1) The official shall provide a sufficient number of voting
booths or devices appropriate to the voting system at which voters
may prepare their ballots. The booths or devices are to be in an
area separate from but within clear view of the public entrance
area of the official's office or other area designated by the
county commission for absentee voting and are to be arranged to
ensure the voter complete privacy in casting the ballot.
(2) The official shall make the voting area secure from
interference with the voter and shall ensure that voted and unvoted
ballots are at all times secure from tampering. No person, other
than a person lawfully assisting the voter according to the
provisions of this chapter, may be permitted to come within five
feet of the voting booth while the voter is voting. No person,
other than the officials or employees of the official designated to
supervise and conduct absentee voting or members of the board of
ballot commissioners assigned to conduct absentee voting, may enter
the area or room set aside for voting.
(3) The official designated to supervise and conduct absentee
voting shall request the county commission designate another area
within the county courthouse or any annex of the courthouse as a
portion of the official's office for the purpose of absentee voting
in the following circumstances:
(A) If the voting area is not accessible to voters with
physical disabilities;
(B) If the voting area is not within clear view of the public
entrance of the office of the official designated to supervise and
conduct absentee voting; or
(C) If there is no suitable area for absentee voting within
the office.
Any designated area is subject to the same requirements as
the regular absentee voting area.
(4) No person may do any electioneering nor may any person
display or distribute in any manner, or authorize the display or
distribution of, any literature, posters or material of any kind
which tends to influence the voting for or against any candidate or
any public question on the property of the county courthouse or any
annex facilities during the entire period of regular in-person
absentee voting. The official designated to supervise and conduct
absentee voting is hereby authorized to remove the material and to
direct the sheriff of the county to enforce the prohibition.
§3-3-3. Voting an absentee ballot in person.
(a) Regular absentee voting in person is to be conducted
during regular business hours beginning on the fifteenth day before
the election and continuing through 1:00 p.m. the Monday before the
election for any election held on a Tuesday, or continuing through
1:00 p.m. the day before the election for any election held on
another day. For any election held on a Tuesday, regular absentee
voting in person is to be available from 9:00 a.m. to 5:00 p.m. on
the Saturday before the election.
(b) Special absentee voting in person for persons eligible to
vote an absentee ballot under the provisions of subsection (c),
section one of this article is to be conducted during regular
business hours in the office of the official designated to
supervise and conduct absentee voting beginning on the forty-second
day before the election and continuing until the first day when
regular absentee voting in person begins. Any person seeking to
vote absentee under this subsection is to first give an affidavit,
on a form prescribed by the secretary of state, stating under oath
the specific circumstances which prevent voting absentee during the
period for regular absentee voting in person or by mail.
(c) Upon oral request, the official designated to supervise
and conduct absentee voting shall provide the voter with the
appropriate application for voting absentee in person, as provided
in this article. The voter shall complete and sign the application in his or her own handwriting or, if the voter is unable to
complete the application because of illiteracy or physical
disability, the person assisting the voter and witnessing the mark
of the voter shall sign his or her name in the space provided.
(d) Upon completion, the application is to be immediately
returned to the official designated to supervise and conduct
absentee voting who shall determine:
(1) Whether the application has been completed as required by
law;
(2) Whether the applicant is duly registered to vote in the
precinct of his or her residence and, in a primary election, is
qualified to vote the ballot of the political party requested; and
(3) Whether the applicant is authorized for the reasons given
in the application to vote an absentee ballot by personal
appearance during the special absentee voting period at the time of
the application.
(e) If the official designated to supervise and conduct
absentee voting determines the conditions provided in subsection
(d) of this section have not been met, or has evidence that any of
the information contained in the application is not true, the clerk
shall challenge the voter's absentee ballot as provided in this
article.
(f) The official designated to supervise and conduct absentee
voting shall provide each person voting an absentee ballot in person the following items to be printed as prescribed by the
secretary of state:
(1) One of each type of official absentee ballot the voter is
eligible to vote, prepared according to law;
(2) For all punch card and paper ballot voting and for optical
scan ballots voted after election supplies are delivered to the
election supply commissioner, one envelope, unsealed, which may
have no marks except the designation "Absent Voter's Ballot
Envelope No. 1" and printed instructions to the voter;
(3) For all punch card and paper ballot voting and for optical
scan ballots voted after election supplies are delivered to the
election supply commissioner, one envelope, unsealed, designated
"Absent Voter's Ballot Envelope No. 2"; and
(4) For optical scan voting systems, ballots, a secrecy sleeve
and access to a ballot box secured by two locks with keys kept by
the president of the county commission and the county clerk.
(g) The voter shall enter the voting booth alone and there
mark the ballot: Provided, That the voter may have assistance in
voting according to the provisions of section four of this article.
After the voter has voted the ballot or ballots, the punch card and
paper absentee voter shall: (1) Place the ballot or ballots in
envelope no. 1 and seal that envelope; (2) place the sealed
envelope no. 1 in envelope no. 2 and seal that envelope; (3)
complete and sign the forms on envelope no. 2; and (4) return that envelope to the official designated to supervise and conduct the
absentee voting.
(h) Upon receipt of the sealed envelope, the official
designated to supervise and conduct the absentee voting shall:
(1) Enter onto the envelope any other required information;
(2) Enter the challenge, if any, to the ballot;
(3) Enter the required information into the permanent record
of persons applying for and voting an absentee ballot in person;
and
(4) Place the sealed envelope in a secure location in the
official's office, to remain until delivered to the polling place
or, in the case of a challenged ballot, to the board of canvassers.
§3-3-4. Assistance to voter in voting an absent voter's ballot by
personal appearance; penalties.
(a) Any registered voter who requires assistance to vote by
reason of blindness, disability, advanced age or inability to read
and write may be given assistance by a person of the voter's
choice: Provided, That the assistance may not be given by the
voter's present or former employer or agent of that employer, by
the officer or agent of a labor union of which the voter is a past
or present member or by a candidate on the ballot.
(b) Any voter who requests assistance in voting an absent
voter's ballot but who is determined by the official designated to
supervise and conduct absentee voting not to be qualified for assistance under the provisions of this section and section
thirty-four, article one of this chapter may vote a challenged
absent voter's ballot with the assistance of any person authorized
to render assistance pursuant to this section. The official
designated to supervise and conduct absentee voting shall in this
case challenge the absent voter's ballot on the basis of his or her
determination that the voter is not qualified for assistance.
(c) Any one or more of the election commissioners or poll
clerks in the precinct to which an absent voter's ballot has been
sent may challenge the ballot on the ground that the voter received
assistance in voting it when in his or their opinion: (1) The
person who received the assistance in voting the absent voter's
ballot did not require assistance; or (2) the person who provided
the assistance in voting did not make an affidavit as required by
this section. The election commissioner or poll clerk or
commissioners or poll clerks making a challenge shall enter the
challenge and reason for the challenge on the form and in the
manner prescribed or authorized by this article.
(d) Before entering the voting booth or compartment, the
person who intends to provide a voter assistance in voting shall
make an affidavit, the form of which is to be prescribed by the
secretary of state, that he or she will not in any manner request
or seek to persuade or induce the voter to vote any particular
ticket or for any particular candidate or for or against any public question and that he or she will not keep or make any memorandum or
entry of anything occurring within the voting booth or compartment
and that he or she will not, directly or indirectly, reveal to any
person the name of any candidate voted for by the voter or which
ticket he or she had voted or how he or she had voted on any public
question or anything occurring within the voting booth or
compartment or voting machine booth, except when required pursuant
to law to give testimony as to the matter in a judicial proceeding.
(e) In accordance with instructions issued by the secretary of
state, the official designated to supervise and conduct absentee
voting shall provide a form entitled "List of Assisted Voters",
prescribed by the secretary of state, which list is to be divided
into two parts. Part A is to be entitled "Unchallenged Assisted
Voters" and Part B is to be entitled "Challenged Assisted Voters".
Under Part A, the official designated to supervise and conduct
absentee voting shall enter the name of each voter receiving
unchallenged assistance in voting an absent voter's ballot, the
address of the voter assisted, the nature of the disability which
qualified the voter for assistance in voting an absent voter's
ballot, the name of the person providing the voter with assistance
in voting an absent voter's ballot, the fact that the person
rendering the assistance in voting made and subscribed to the oath
required by this section and the signature of the official
designated to supervise and conduct absentee voting certifying to the fact that he or she had determined that the voter who received
assistance in voting an absent voter's ballot was qualified to
receive the assistance under the provisions of this section. Under
Part B, the official designated to supervise and conduct absentee
voting shall enter the name of each voter receiving challenged
assistance in voting, the address of the voter receiving challenged
assistance, the reason for the challenge and the name of the person
providing the challenged voter with assistance in voting. At the
close of the period provided for voting an absent voter's ballot by
personal appearance, the official designated to supervise and
conduct absentee voting shall make and subscribe to an oath on the
list that the list is correct in all particulars; if no voter has
been assisted in voting an absent voter's ballot as provided in
this section, the official designated to supervise and conduct
absentee voting shall make and subscribe to an oath of that fact on
the list. The "List of Assisted Voters" is to be available for
public inspection in the office of the official designated to
supervise and conduct absentee voting during regular business hours
throughout the period provided for voting an absent voter's ballot
by personal appearance and, unless otherwise directed by the
secretary of state, the official shall transmit the list, together
with the affidavits, applications and absent voters' ballots, to
the precincts on election day.
(f) Following the election, the affidavits required by this section from persons providing assistance in voting, together with
the "List of Assisted Voters", are to be returned by the election
commissioners to the clerk of the county commission, along with the
election supplies, records and returns, who shall make the oaths
and list available for public inspection and who shall preserve the
oaths and list for twenty-two months or, if under order of the
court, until their destruction or other disposition is authorized
or directed by the court.
(g) Any person making an affidavit required under the
provisions of this section who knowingly swears falsely in the
affidavit or any person who counsels or advises, aids or abets
another in the commission of false swearing under this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one thousand dollars or confined in the county
or regional jail for a period of not more than one year, or both.
(h) Any person who provides a voter assistance in voting an
absent voter's ballot in the office of the official designated to
supervise and conduct absentee voting who is not qualified or
permitted by this section to provide assistance is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than one thousand dollars or imprisoned in the county or regional
jail for a period of not more than one year, or both.
(i) Any official designated to supervise and conduct absentee
voting, election commissioner or poll clerk who authorizes or allows a voter to receive or to have received unchallenged
assistance in voting an absent voter's ballot when the voter is
known to the official designated to supervise and conduct absentee
voting or election commissioner or poll clerk not to be or have
been authorized by the provisions of this section to receive or to
have received assistance in voting is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than one thousand
dollars or imprisoned in the county or regional jail for a period
of not more than one year, or both.
(j) The term "physical disability" as used in this section
means blindness or a degree of blindness as will prevent the voter
from seeing the names on the ballot or amputation of both hands or
a disability of both hands that neither can be used to make cross
marks on the absent voter's ballot.
§3-3-7. Delivery of absentee ballots to polling places.
(a) Except as otherwise provided in this article, in counties
in which the clerk of the county commission has determined that the
absentee ballots should be counted at the precincts in which the
absent voters are registered, the absentee ballots of each
precinct, together with the applications for the absentee ballots,
the affidavits made in connection with assistance in voting, and
any forms, lists and records as may be designated by the secretary
of state, are to be delivered in a sealed carrier envelope to the
election commissioner of the precinct at the time he or she picks up the official ballots and other election supplies as provided in
section twenty-four, article one of this chapter.
(b) For optical scan voting systems, all ballots voted before
the precinct supplies are delivered to the precinct supply
commissioner are to be deposited in the ballot box. The ballots
deposited in the ballot box shall be counted and merged with the
election day ballots at the counting center on election night.
(c) Absentee ballots received after the election commissioner
has picked up the official ballots and other election supplies for
the precinct are to be delivered to the election commissioner of
the precinct who has been designated pursuant to section
twenty-four, article one of this chapter, by the official
designated to supervise and conduct absentee voting in person, or
by messenger, before the closing of the polls, provided the ballots
are received by the official in time to make the delivery. Any
ballots received by the official after the time that delivery may
reasonably be made but within the time required as provided in
subsection (g), section five of this article, are to be delivered
to the board of canvassers along with the challenged ballots.
§3-3-8. Disposition and counting of absent voters' ballots.
(a) All absentee ballots voted must be deposited in the
absentee ballot box. The ballots deposited in the ballot box must
be counted and merged with the election day ballots at the counting
center on election night or, at the option of the clerk of the county commission, be delivered for counting at the precinct in
which the absent voter is registered to vote, as provided in
section seven of this article.
(b) The county clerk shall appoint at least one team of five
absentee ballot counting commissioners. The composition of each
team shall consist of the same combination of election officials as
provided for a counting board in subdivision (3), subsection (a),
section twenty-nine, article one of this chapter. The absentee
ballot counting commissioners must count the absentee ballots at
the counting center as follows:
(1) Immediately after the closing of the polls on election day
the absentee ballot counting commissioners, in the presence of each
other, shall open the ballot box in which are enclosed the absent
voters' ballots.
(2) After the ballot box has been opened, each of the absentee
ballot counting commissioners shall examine each of the mail-in
sealed absent voter's ballot envelopes no. 2 contained therein, as
well as the information contained thereon, the application for such
ballot, the affidavits, records and lists, if any, made, prepared
or authorized under the provisions of this article which relate
thereto and make a decision as to each ballot whether a challenge
is or is not to be made to such ballot. The appropriate form
indicating the challenge shall be completed as to each ballot
challenged by one or more of the absentee ballot counting commissioners. Each ballot challenged shall remain sealed in
absent voter's ballot envelope no. 2 and be deposited in the box or
envelope for challenged ballots.
(3) The absentee ballot counting commissioners shall next
determine whether any challenge has been made to any absent voter's
ballot by any registered voter in the county under the provisions
of section nine of this article. Each such ballot challenged shall
remain sealed in absent voter's ballot envelope no. 2 and be
deposited in the box or envelope for challenged ballots.
(4) The absentee ballot counting commissioners, in the
presence of each other, shall then open, in a manner as not to
deface or destroy the information thereon, all of the mail-in
absent voter's ballot envelopes no. 2 which contain ballots not
challenged and remove therefrom the absent voter's ballot envelopes
no. 1. These envelopes shall then be shuffled and intermingled.
(5) The absentee ballot counting commissioners, in the
presence of each other, shall next open all of the absent voter's
ballot envelopes no. 1 and remove the ballots therefrom. The
absentee ballot counting commissioners who are poll clerks shall
write their names on the back of each of such ballots in the same
manner as other ballots are required to be endorsed by the poll
clerks at precinct voting. The absentee ballot counting
commissioners who are poll clerks shall then indicate with the
letter "a" in the appropriate place on the registration record the fact that the voter had voted by absent voter's ballot in that
election and shall enter the absent voter's name on the pollbook.
(6) The absentee ballot counting commissioners shall next
count the mail-in and in-person absentee ballots and enter the
totals onto the precinct election records.
(7) The challenged ballots shall be deposited in a challenged
ballot envelope and delivered to the board of canvassers.
(c) Any election official who determines a person has voted an
absent voter's ballot and has also voted at the polls on election
day must report the fact to the prosecuting attorney of the county
in which the votes were cast.
§3-3-11. Preparation, number and handling of absent voters'
ballots.
(a) Absent voters' ballots are to be in all respects like
other ballots. Not less than seventy days before the date on which
any primary, general or special election is to be held, unless a
lesser number of days is provided for in any specific election law
in which case the lesser number of days applies, the clerks of the
circuit courts of the several counties shall estimate and determine
the number of absent voters' ballots of all kinds which will be
required in their respective counties for that election. The
ballots for the election of all officers, or the ratification,
acceptance or rejection of any measure, proposition or other public
question to be voted on by the voters, are to be prepared and printed under the direction of the board of ballot commissioners
constituted as provided in article one of this chapter. The
several county boards of ballot commissioners shall prepare and
have printed, in the number they may determine, absent voters'
ballots that are to be printed under their directions as provided
in this chapter and those ballots are to be delivered to the clerk
of the circuit court of the county not less than forty-two days
before the day of the election at which they are to be used. Before
any ballot is mailed or delivered, the clerk of the circuit court
shall affix his or her official seal and he or she and the other
members of the board of ballot commissioners shall place their
signatures near the lower left-hand corner on the back of the
ballot. The clerks of the circuit courts are authorized to have
their signatures affixed by a facsimile printed on the back of
absentee ballots, by a facsimile signature stamp or by signing
their original signatures. An absent voter's ballot not containing
the seal and signatures shall be challenged. If an accurate
accounting is made for all ballots and applications in that
precinct and no other valid challenge exists against the voter, the
ballot shall be counted at the canvas.
(b) The official designated to supervise and conduct absentee
voting shall be primarily responsible for the mailing, receiving,
delivering and otherwise handling of all absent voters' ballots.
He or she shall keep a record, as may be prescribed by the secretary of state, of all ballots so delivered for the purpose of
absentee voting, as well as all ballots, if any, marked before him
or her and shall deliver to the commissioner of election a
certificate stating the number of ballots delivered or mailed to
absent voters and those marked before him or her, if any, and the
names of the voters to whom those ballots have been delivered or
mailed or by whom they have been marked, if marked before him or
her.
ARTICLE 4. VOTING MACHINES.
§3-4-10. Ballot labels, instructions and other supplies; vacancy
changes; procedure and requirements.
(a) The ballot commissioners of any county in which voting
machines are to be used in any election shall cause to be printed
for use in the election the ballot labels for the voting machines
and paper ballots for absentee voting, voting by persons unable to
use the voting machine and challenged ballots, or if an electronic
voting system or direct recording election equipment is to be used
in an election, the ballot commissioners shall comply with
requirements of section eleven, article four-a of this chapter. The
labels shall be clearly printed in black ink on clear white
material of such size as will fit the ballot frames. The paper
ballots shall be printed in compliance with the provisions of this
chapter governing paper ballots.
(b) The heading, the names and arrangement of offices and the printing and arrangement of names of the candidates for each office
indicated must be placed on the ballot for the primary election as
nearly as possible according to the provisions of sections thirteen
and thirteen-a, article five of this chapter, and for the general
election according to the provisions of section two, article six of
this chapter: Provided, That the staggering of the names of
candidates in multicandidate races and the instructions to straight
ticket voters prescribed by section two, article six of this
chapter shall appear on paper ballots but shall not appear on
ballot labels for voting machines which mechanically control
crossover voting.
(c) Each question to be voted on must be placed at the end of
the ballot and must be printed according to the provisions of the
laws and regulations governing the question.
(d) The ballot labels printed must total in number one and
one-half times the total number of corresponding voting machines to
be used in the several precincts of the county in the election. All
the labels must be delivered to the clerk of the circuit court at
least twenty-eight days prior to the day of the election. The clerk
of the circuit court shall determine the number of paper ballots
needed for absentee voting and to supply the precincts for
challenged ballots and ballots to be cast by persons unable to use
the voting machine. All required paper ballots shall be delivered
to the clerk of the circuit court at least forty-two days prior to the day of the election.
(e) When the ballot labels and absentee ballots are delivered,
the clerk of the circuit court shall examine them for accuracy,
assure that the appropriate ballots and ballot labels are
designated for each voting precinct, and deliver the ballot labels
to the clerk of the county commission, who shall insert one set in
each machine prior to the inspection of the machines as prescribed
in section twelve of this article. The remainder of the ballot
labels for each machine shall be retained by the clerk of the
county commission for use in an emergency.
(f) In addition to all other equipment and supplies required
by the provisions of this article, the ballot commissioners shall
cause to be printed a supply of instruction cards, sample ballots
and facsimile diagrams of the voting machine ballot adequate for
the orderly conduct of the election in each precinct in their
county. In addition, they shall provide appropriate facilities for
the reception and safekeeping of the ballots of absent voters and
of challenged voters and of such "independent" voters who shall, in
primary elections, cast their votes on nonpartisan candidates and
public questions submitted to the voters.
§3-4-20. Recording and disposition of absent voters' ballots.
The recording and disposition of absent voters' ballots shall
be governed by the provisions of article three of this chapter.
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-3. Procedure for adopting electronic voting systems.
An electronic voting system that has been approved in
accordance with section eight of this article may be adopted for
use in general, primary and special elections in any county by
either of the following procedures and not otherwise:
(1) By a majority of the members of the county commission
voting to adopt the same at a special public meeting called for the
purpose of said adoption, with due notice thereof published as a
Class II-0 legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code and the publication
area for such publication shall be the county involved: Provided,
That such meeting shall be held not less than six months prior to
a general election or six months prior to a primary election. If
at such meeting such county commission shall enter an order of its
intention to adopt the use of an electronic voting system, it shall
thereafter forthwith cause to be published a certified copy of such
order as a Class II-0 legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code and
the publication area for such publication shall be the county
involved. The first publication of such order shall not be less
than twenty days after the entry of such order. Such county
commission shall not adopt the use of an electronic voting system
until eighty-five days after the entry of such order of its
intention to adopt the same. Promptly after the expiration of eighty-five days after the entry of such order of intention to
adopt the use of an electronic voting system, if no petition has
theretofore been filed with such county commission requesting a
referendum on the question of adoption of an electronic voting
system as hereinafter provided, such county commission shall enter
a final order adopting the electronic voting system and the
electronic voting system shall thereby be adopted.
If five percent or more of the registered voters of such
county shall sign a petition requesting that an electronic voting
system be not adopted for use in such county and such petition be
filed with the county commission of such county within eighty-five
days after the entry of such order of intention to adopt the use of
an electronic voting system, such county commission shall submit to
the voters of such county at the next general or primary election,
whichever shall first occur, the question: "Shall an electronic
voting system be adopted in _________ County?" If this question be
answered in the affirmative by a majority of the voters in such
election upon the question, an electronic voting system shall
thereby be adopted. If such question shall not be answered in the
affirmative by such majority, the use of an electronic voting
system shall not be adopted.
(2) By the affirmative vote of a majority of the voters of
such county voting upon the question of the adoption of an
electronic voting system in such county. If five percent or more of the registered voters of such county shall sign a petition
requesting the adoption of an electronic voting system for use in
such county and such petition be filed with the county commission
of such county, such county commission shall submit to the voters
of such county at the next general or primary election the
question: "Shall an electronic voting system be adopted in
___________ County?" If this question be answered in the
affirmative by a majority of the voters of such county voting upon
the question, an electronic voting system shall thereby be adopted.
If such question shall not be answered in the affirmative by such
majority, the use of an electronic voting system shall not be
adopted: Provided, That nothing in this section shall be construed
to affect or invalidate the adoption of any electronic voting
system by any county in accordance with applicable law prior to the
effective date of this section: Provided, however, That the
amendments to this section adopted during the regular session of
the Legislature in the year two thousand two apply to any county
commission which is in the process of adopting an electronic voting
system on the effective date of the amendments.
§3-4A-19a. Form of ballots; requiring the signatures of poll
clerks; prohibiting the counting of votes cast on ballots
without signatures.
(a) Where applicable, every ballot utilized during the course
of any electronic voting system election conducted under the provisions of this article is to have two lines for the signatures
of the poll clerks. Both of the signature lines are to be printed
on a portion of the ballot where votes are not recorded by
perforation or marking, but which portion is an actual part of the
ballot deposited in the ballot box after the voter has perforated
or marked his or her ballot and after the ballot stub has been
removed. Each of the two poll clerks shall sign his or her name on
one of the designated lines provided on each ballot before any
ballot is distributed to a voter.
(b) After a voter has signed the pollbook, as required in
section nineteen of this article, the two poll clerks shall deliver
a ballot to the voter, which ballot has been signed by each of the
two poll clerks as provided in this section: Provided, That where
an electronic voting system that utilizes screens upon which votes
may be recorded by means of a stylus or by means of touch, an
election commissioner shall accompany the voter to the voting
device and shall activate the device for voting.
(c) Any ballot which does not contain the proper signatures
shall be challenged. If an accurate accounting is made for all
ballots in the precinct in which the ballot was voted and no other
challenge exists against the voter, the ballot shall be counted at
the canvas.
§3-4A-21. Absent voter ballots; issuance, processing and
tabulation.
(a) Absentee voters shall cast their votes on absent voter
ballots.
(b) If absentee voters are deemed eligible to vote in person
at the office of the official designated to supervise and conduct
absentee voting, in accordance with the provisions of article three
of this chapter, the official for each county shall provide a vote
recording device or other means, as may be appropriate for votes
recorded by electronically sensible ink or pencil, or by means of
a stylus or by means of touch, for the use of the absentee voters.
Notwithstanding any provision of article three of this chapter to
the contrary, any voter who desires to vote by absentee ballot in
a county using an electronic voting system with a screen upon which
votes are recorded by means of a stylus or by means of touch shall
complete an application prescribed by the secretary of state which
is to be processed in the manner otherwise prescribed by law,
except that the official designated to supervise and conduct
absentee voting shall deliver a copy of the application to each
polling place. No voter who votes in person by absentee ballot may
vote in person on the date of the election.
(c) For all absentee voters considered eligible to vote an
absent voter's ballot by mail, in accordance with the provisions of
article three of this chapter, the official designated to supervise
and conduct absentee voting for each county shall prepare and issue
an absent voter ballot packet consisting of the following:
(1) One official absent voter ballot;
(2) One punching tool for perforating or a device for marking
by electronically sensible pen or ink, as may be appropriate;
(3) If a punching tool is to be utilized, one disposable
styrofoam block to be placed behind the ballot card for voting
purposes and to be discarded after use by the voter;
(4) One absent voter instruction ballot;
(5) One absent voter's ballot envelope no. 1, unsealed, which
may have no writing on it and which is to be identical to the
secrecy envelope used for placement of ballots at the polls; and
(6) One absent voter's ballot envelope no. 2, marked with the
proper precinct number and providing a place on its seal for the
absent voter to affix his or her signature. The envelope is also
to contain the forms and instructions as provided in section five,
article three of this chapter relating to the absentee voting of
proper ballots.
(d) Upon receipt of an absent voter's ballot by mail, the
voter shall mark the ballot with the punch tool or marking device,
whichever is appropriate, and the voter may receive assistance in
voting his or her absent voter's ballot in accordance with the
provisions of section six, article three of this chapter.
(e) After the voter has voted his or her absent voter's
ballot, he or she shall: (1) Enclose the ballot in absent voter's
ballot envelope no. 1, and seal that envelope; (2) enclose sealed absent voter's ballot envelope no. 1 in absent voter's ballot
envelope no. 2; (3) complete and sign the forms, if any, on absent
voter's ballot envelope no. 2 according to the instructions on the
envelope; and (4) mail, postage prepaid, sealed absent voter's
ballot envelope no. 2 to the official designated to supervise and
conduct absentee voting for the county in which he or she is
registered to vote, unless the voter has appeared in person, in
which event he or she shall hand deliver the sealed absent voter's
ballot envelope no. 2 to the official.
(f) Upon receipt of the sealed envelope, the official
designated to supervise and conduct absentee voting shall: (1)
Enter onto the envelope any information as may be required of him
or her according to the instructions on the envelope; (2) enter his
or her challenge, if any, to the absent voter's ballot; (3) enter
the required information into a record of persons making
application for and voting an absent voter's ballot by personal
appearance or by mail on a form prescribed by the secretary of
state; and (4) place the sealed envelope in a secure location in
his or her office, there to remain until after the close of the
polling place on election day in accordance with the provisions of
this article or, in case of a challenged ballot, to the county
commission sitting as a board of canvassers.
(g) Notwithstanding any provision of article three of this
chapter to the contrary, no voter who has voted by absentee ballot in accordance with the provisions of article three of this chapter,
or otherwise as provided by law, in a county using an electronic
voting system with screens upon which votes are recorded by means
of a stylus or by means of touch may vote in person on the date of
the election.
(h) The absentee ballot counting commissioners shall, at the
close of the polls, proceed to determine the legality of the
ballots as prescribed in article three of this chapter. The
absentee ballot counting commissioners shall then open all of the
absent voter's ballot envelopes no. 2 which contain ballots not
challenged and remove from the envelopes the absent voter's ballot
envelopes no. 1. These ballot envelopes no. 1 are then to be
shuffled and intermingled. The absentee ballot counting
commissioners, in the presence of each other, shall next open all
of the absent voter's ballot envelopes no. 1 and remove the ballots
from the envelopes. The absentee ballot counting commissioners who
are poll clerks shall then affix their signatures to the ballots as
provided in section nineteen-a of this article. The commissioners
shall then insert each ballot into a secrecy envelope identical to
the secrecy envelopes used for the placement of ballots of voters
who are voting in person at the polls and shall deposit the ballot
in the ballot box. The requirement that two poll clerks sign a
ballot according to this subsection is a mandatory duty and is not
to be construed as merely directory.
(i) In the course of an election contest, if it is established
that a ballot does not contain the two signatures required by this
section, the ballot is null, void and of no effect and may not be
counted. The requirement that a ballot not be counted if it does
not meet the requirements of this section is mandatory and not to
be construed as merely directory.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-13. Form and contents of ballots and ballot labels.
The face of every primary election ballot shall conform as
nearly as practicable to that used at the general election.
(a) The heading of every ballot is to be printed in display
type. The heading is to contain a ballot title, the name of the
county, the state, the words "Primary Election" and the month, day
and year of the election. The ballot title of the political party
ballots is to contain the words "Official Ballot of the (Name)
Party" and the official symbol of the political party may be
included in the heading. The ballot title of any separate paper
ballot or portion of any electronic or voting machine ballot for
the board of education is to contain the words "Nonpartisan Ballot
of Election of Members of the ______________ County Board of
Education". The districts for which less than two candidates may
be elected and the number of available seats are to be specified
and the names of the candidates are to be printed without reference
to political party affiliation and without designation as to a particular term of office. Any other ballot or portion of a ballot
on a question is to have a heading which clearly states the purpose
of the election according to the statutory requirements for that
question.
(b) (1) For paper ballots, the heading of the ballot is to be
separated from the rest of the ballot by heavy lines and the
offices shall be arranged in columns with the following headings,
from left to right across the ballot: "National Ticket", "State
Ticket", "County Ticket" and, in a presidential election year,
"National Convention" or, in a nonpresidential election year,
"District Ticket". The columns are to be separated by heavy lines.
Within the columns, the offices are to be arranged in the order
prescribed in section thirteen-a of this article.
(2) For voting machines, electronic voting devices and any
ballot tabulated by electronic means, the offices are to appear in
the same sequence as prescribed in section thirteen-a of this
article and under the same headings as prescribed in subsection (a)
of this section. The number of pages, columns or rows, where
applicable, may be modified to meet the limitations of ballot size
and composition requirements subject to approval by the secretary
of state.
(3) The title of each office is to be separated from preceding
offices or candidates by a line and is to be printed in bold type
no smaller than eight point. Below the office is to be printed the number of the district, if any, the number of the division, if any,
and the words "Vote for ________" with the number to be nominated
or elected or "Vote For Not More Than ________" in multicandidate
elections. For offices in which there are limitations relating to
the number of candidates which may be nominated, elected or
appointed to or hold office at one time from a political
subdivision within the district or county in which they are
elected, there is to be a clear explanation of the limitation, as
prescribed by the secretary of state, printed in bold type
immediately preceding the names of the candidates for those offices
on the ballot in every voting system. For counties in which the
number of county commissioners exceeds three and the total number
of members of the county commission is equal to the number of
magisterial districts within the county, the office of county
commission is to be listed separately for each district to be
filled with the name of the magisterial district and the words
"Vote for One" printed below the name of the office.
(c) The location for indicating the voter's choices on the
ballot is to be clearly shown. For paper ballots, other than those
tabulated electronically, the official primary ballot is to contain
a square formed in dark lines at the left of each name on the
ballot, arranged in a perpendicular column of squares before each
column of names.
(d) (1) The name of every candidate certified by the secretary of state or the board of ballot commissioners is to be printed in
capital letters in no smaller than eight-point type on the ballot
for the appropriate precincts. Subject to the rules promulgated by
the secretary of state, the name of each candidate is to appear in
the form set out by the candidate on the certificate of
announcement, but in no case may the name misrepresent the identity
of the candidate nor may the name include any title, position,
rank, degree or nickname implying or inferring any status as a
member of a class or group or affiliation with any system of
belief.
(2) The city of residence of every candidate, the state of
residence of every candidate residing outside the state, the county
of residence of every candidate for an office on the ballot in more
than one county and the magisterial district of residence of every
candidate for an office subject to magisterial district limitations
are to be printed in lower case letters beneath the names of the
candidates.
(3) The arrangement of names within each office must be
determined as prescribed in section thirteen-a of this article.
(4) If the number of candidates for an office exceeds the
space available on a column or ballot label page and requires that
candidates for a single office be separated, to the extent
possible, the number of candidates for the office on separate
columns or pages are to be nearly equal and clear instructions given the voter that the candidates for the office are continued on
the following column or page.
(e) When an insufficient number of candidates has filed for a
party to make the number of nominations allowed for the office or
for the voters to elect sufficient members to the board of
education or to executive committees, the vacant positions on the
ballot shall be filled with the words "No Candidate Filed":
Provided, That in paper ballot systems which allow for write-ins to
be made directly on the ballot, a blank line shall be placed in any
vacant position in the office of board of education or for election
to any party executive committee. A line shall separate each
candidate from every other candidate for the same office.
Notwithstanding any other provision of this code, if there are
multiple vacant positions on a ballot for one office, the multiple
vacant positions which would otherwise be filled with the words "No
Candidate Filed" may be replaced with a brief detailed description,
approved by the secretary of state, indicating that there are no
candidates listed for the vacant positions.
(f) In presidential election years, the words "For election in
accordance with the plan adopted by the party and filed with the
secretary of state" is to be printed following the names of all
candidates for delegate to national convention.
(g) All paper ballots are to be printed in black ink on paper
sufficiently thick so that the printing or marking cannot be discernible from the back. Ballot cards and paper for printing
ballots using electronically sensible ink are to meet minimum
requirements of the tabulating systems.
(h) Electronically tabulated ballots and ballot cards are to
contain perforated tabs at the top of the ballots and are to be
printed with unique sequential numbers from one to the highest
number representing the total number of ballots or ballot cards
printed. On paper ballots, the ballot is to be bordered by a solid
line at least one sixteenth of an inch wide, and the ballot is to
be trimmed to within one-half inch of that border.
(i) On the back of every official ballot or ballot card the
words "Official Ballot" with the name of the county and the date of
the election are to be printed. Beneath the date of the election
there are to be two blank lines followed by the words "Poll
Clerks".
(j) Absent voters' ballots are to be in all respects like
other official ballots except that three blank lines are to be
printed on the back of the ballot or ballot card in the lower left
corner with the words "Ballot Commissioners" printed underneath.
(k) The face of sample paper ballots and sample ballot labels
are to be like other official ballots or ballot labels except that
the word "sample" is to be prominently printed across the front of
the ballot in a manner that ensures the names of candidates are not
obscured and the word "sample" may be printed in red ink. No printing may be placed on the back of the sample.
ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-2. Preparation and form of general election ballots.
(a) All ballots prepared under the provisions of this section
are to contain:
(1) The name and ticket of each party which is a political
party under the provisions of section eight, article one of this
chapter;
(2) The name chosen as the party name by each group of
citizens which has secured nomination for two or more candidates by
petition under the provisions of section twenty-three of this
article;
(3) The names of every candidate for any office to be voted
for at the election whose nomination in the primary election,
nomination by petition or nomination by appointment to fill a
vacancy on the ballot has been certified and filed according to law
and no others.
(b) The provisions of subdivision (3), subsection (b);
subsection (c); subdivisions (1) and (2), subsection (d); and
subsections (g), (h), (i), (j) and (k), section thirteen of article
five pertaining to the preparation and form of primary election
ballots shall likewise apply to general election ballots.
(c) (1) For all ballot systems, the ballot heading is to be in
display type and contain the words "Official Ballot, General Election" and the name of the county and the month, day and year of
the election.
(2) After the heading, each ballot is to contain, laid out in
parallel columns, rows or pages as required by the particular
voting system, the party emblem, the position for straight party
voting for each party and the name of each party as prescribed in
subsection (a) of this section. On paper ballots, the position for
straight party voting is to be a heavy circle, three-fourths inch
in diameter, surrounded by the words "For a straight ticket mark
within this circle" printed in bold six-point type. On all other
ballots or ballot labels, the positions for straight party voting
is to be marked "Straight Party Ticket". For ballots tabulated
electronically, the secretary of state shall prescribe a uniform
number for the straight ticket position for each party.
(3) The party whose candidate for president received the
highest number of votes at the last preceding presidential election
is to be placed in the left, or first column, row or page, as is
appropriate to the voting system. The party which received the
second highest vote is to be next and so on. Any groups or third
parties which did not have a candidate for president on the ballot
in the previous presidential election are to be placed in the
sequence in which the final certificates of nomination by petition
were filed.
(4) (A) Except for lever machine ballot labels, the following general instructions for straight party voters are to be printed in
no smaller than eight-point bold type: "IF YOU MARKED A STRAIGHT
TICKET: When you mark any individual candidate in a different
party, that vote will override your straight party vote for that
office. When you mark any individual candidate in a different
party for an office where more than one will be elected, YOU MUST
MARK EACH OF YOUR CHOICES FOR THAT OFFICE because your straight
ticket vote will not be counted for that office". The last
sentence of the instructions may not be included on any ballot
which does not contain any office or division where more than one
candidate will be elected.
On paper ballots, the general instructions are to be placed
below the party name and across the top of all columns, followed by
a heavy line separating them from the rest of the ballot. On
ballots marked with electronically sensible ink and on ballot
labels for voting devices in punch card systems, the general
instructions are to be placed after the position for straight
voting and before any office.
(B) Except for lever machine ballot labels, the following
specific instructions are to be printed on the ballot for any
partisan election for an office or division to which more than one
candidate is to be elected: "If you marked a straight ticket and
you mark any candidate in a different party for this office, you
must mark all your choices for this office because your straight ticket vote will not be counted for this office".
On paper ballots, the specific instructions are to be placed
below the office name of any partisan office where more than one is
to be elected and across the top of all columns for that office
before the names of any candidates. On all other ballots and
ballot labels, the specific instructions are to be placed above or
to the side of the names of the candidates as the voting system
requires.
(5) For all ballots, any columns, rows or sections in which
the ticket of one party appears are to be clearly separated from
the other columns, rows or sections by a heavy line or other clear
division. For each party, the offices are to be arranged in the
order prescribed in section thirteen-a, article five of this
chapter under the appropriate tickets, which are to be headed
"National Ticket", "State Ticket" and "County Ticket". The number
of pages, columns or rows, where applicable, may be modified to
meet the limitations of ballot size and composition requirements,
subject to approval by the secretary of state.
(d) The arrangement of names within each office for all ballot
systems is to be as follows:
(1) In elections for presidential electors, the names of the
candidates for president and vice president of each party are to be
placed beside a brace with a single voting position, so that a vote
for any presidential candidate is a vote for the electors of the party for which the candidates were named.
(2) The order of names of candidates for any office or
division for which more than one is to be elected is determined as
prescribed in section thirteen-a, article five of this chapter:
Provided, That the drawing by lot is to be conducted on the
seventieth day next preceding the date of the general election,
beginning at 9:00 a.m.
(3) Except in voting machine systems, in any office where more
than one person is to be elected, the names of the candidates for
the office are to be staggered so that no two candidates for that
office appear directly opposite any other candidate, as shown in
the example below:
_______________________________________________________
For House of DelegatesFor House of Delegates
First Delegate DistrictFirst Delegate District
(Vote For Not More Than Two) (Vote For Not More Than Two)
________________
SUSAN B. ANTHONY
City (County) __________
JOHN ADAMS
_______________ City (County)
ABRAHAM LINCOLN
City (County) ____________
JAMES MONROE
City (County)
(4) Each voting system is to provide a means for voters to
vote for any person whose name does not appear on the ticket by writing it with pen or pencil or by using stamps, stickers, tapes,
labels or other means of writing in the name of a candidate which
does not interfere with the tabulation of the ballot.
(A) In paper ballot systems which allow for write-ins to be
made directly on the ballot, a blank square and a blank line equal
to the space which would be occupied by the name of the candidate
is to be placed under the proper office for each vacancy in
nomination and for an office for which more than one is to be
elected, any vacancy is to appear after any other candidates for
the office.
(B) In machine and electronically tabulated ballot systems in
which write-in votes must be made in a place other than on the
ballot label, if there is a vacancy in nomination leaving fewer
candidates in any party than can be elected to that office, the
words "No Candidate Nominated" is to be printed in the space that
would be occupied by the name of the candidate and for an office
for which more than one is to be elected, any such vacancy is to
appear after any other candidates for the office. Notwithstanding
any other provision of this code, if there are multiple vacant
positions on a ballot for one office, the multiple vacant positions
which would otherwise be filled with the words "No Candidate Filed"
may be replaced with a brief detailed description, approved by the
secretary of state, indicating that there are no candidates listed
for the vacant positions.
(5) In a general election in any county in which unexpired
terms of the board of education are to be filled by election, a
separate section or page of the ballot is to be set off by means
clearly separating the nonpartisan ballot from the ballot for the
political party candidates and is to be headed "Nonpartisan Board
of Education".
(e) Any constitutional amendment is to be placed following all
offices, followed by any other issue upon which the voters are to
cast a vote. The heading for each amendment or issue is to be
printed in large, bold type according to the requirements of the
resolution authorizing the election.
(f) The board of ballot commissioners may not place any issue
on the ballot for election which is not specifically authorized
under the West Virginia constitution or statutes or which has not
been properly ordered by the appropriate governmental body charged
with calling the election.
§3-6-4a. Filing requirements for write-in candidates.
Any eligible person who seeks to be elected by write-in votes
to an office, except delegate to national convention, which is to
be filled in a primary, general or special election held under the
provisions of this chapter shall file a write-in candidate's
certificate of announcement as provided in this section. No
certificate of announcement may be accepted and no person may be
certified as a write-in candidate for a political party nomination for any office or for election as delegate to national convention.
(a) The write-in candidate's certificate of announcement shall
be in a form prescribed by the secretary of state on which the
candidate shall make a sworn statement before a notary public or
other officer authorized to give oaths, containing the following
information:
(1) The name of the office sought and the district and
division, if any;
(2) The legal name of the candidate and the first and last
name by which the candidate may be identified in seeking the
office;
(3) The specific address designating the location at which the
candidate resides at the time of filing, including number and
street or rural route and box number and city, state and zip code;
(4) A statement that the person filing the certificate of
announcement is a candidate for the office in good faith; and
(5) The words "subscribed and sworn to before me this ______
day of _____________, ____" and a space for the signature of the
officer giving the oath.
(b) The certificate of announcement shall be filed with the
filing officer for the political division of the office as
prescribed in section seven, article five of this chapter.
(c) The certificate of announcement shall be filed with and
received by the proper filing officer as follows:
(1) Except as provided in subdivisions (2) and (3) of this
subsection, the certificate of announcement for any office shall be
received no later than the close of business on the fourteenth day
before the election at which the office is to be filled;
(2) When a vacancy occurs in the nomination of candidates for
an office on the ballot resulting from the death of the nominee or
from the disqualification or removal of a nominee from the ballot
by a court of competent jurisdiction not earlier than the twenty-
first day nor later than the fifth day before the general election,
the certificate shall be received no later than the close of
business on the fifth day before the election or the close of
business on the day following the occurrence of the vacancy,
whichever is later;
(3) When a vacancy occurs in an elective office which would
not otherwise appear on the ballot in the election, but which
creates an unexpired term of one or more years which, according to
the provisions of this chapter, is to be filled by election in the
next ensuing election, and such vacancy occurs no earlier than the
twenty-first day and no later than the fifth day before the general
election, the certificate shall be received no later than the close
of business on the fifth day before the election or the close of
business on the day following the occurrence of the vacancy,
whichever is later.
(d) Any eligible person who files a completed write-in candidate's certificate of announcement with the proper filing
officer within the required time shall be certified by that filing
officer as an official write-in candidate:
(1) The secretary of state shall, immediately following the
filing deadline, post the names of all official write-in candidates
for offices on the ballot in more than one county and certify the
name of each official write-in candidate to the clerks of the
circuit court of the appropriate counties.
(2) The clerk of the circuit court shall, immediately
following the filing deadline, post the names of all official
write-in candidates for offices on the ballot in one county and
certify and deliver to the election officials of the appropriate
precincts the names of all official write-in candidates and the
office sought by each for statewide, district and county offices on
the ballot in the precinct for which valid write-in votes will be
counted.
§3-6-6. Ballot counting procedures in paper ballot systems.
When the polls are closed in an election precinct where only
a single election board has served, the receiving board shall
perform all of the duties prescribed in this section. When the
polls are closed in an election precinct where two election boards
have served, both the receiving and counting boards shall together
conclude the counting of the votes cast, the tabulating and
summarizing of the number of the votes cast, unite in certifying and attesting to the returns of the election and join in making out
the certificates of the result of the election provided for in this
article. They shall not adjourn until the work is completed.
In all election precincts, as soon as the polls are closed and
the last voter has voted, the receiving board shall proceed to
ascertain the result of the election in the following manner:
(a) In counties in which the clerk of the county commission
has determined that the absentee ballots should be counted at the
precincts in which the absent voters are registered, the receiving
board must first process the absentee ballots and deposit the
ballots to be counted in the ballot box. The receiving board shall
then proceed as provided in subsections (b) and (c) of this
section. In counties in which the absentee ballots are counted at
the central counting center, the receiving board shall proceed as
provided in subsections (b) and (c) of this section.
(b) The receiving board shall ascertain from the pollbooks and
record on the proper form the total number of voters who have
voted. The number of ballots challenged shall be counted and
subtracted from the total, which result should equal the number of
ballots deposited in the ballot box. The commissioners and clerks
shall also report, over their signatures, the number of ballots
spoiled and the number of ballots not voted.
(c) The procedure for counting ballots, whether performed
throughout the day by the counting board as provided in section thirty-three, article one of this chapter or after the close of the
polls by the receiving board or by the two boards together, shall
be as follows:
(1) The ballot box shall be opened and all votes shall be
tallied in the presence of the entire election board;
(2) One of the commissioners shall take one ballot from the
box at a time and shall determine if the ballot is properly signed
by the two poll clerks of the receiving board. If not properly
signed, the ballot shall be placed in an envelope for the purpose,
without unfolding it. Any ballot which does not contain the proper
signatures shall be challenged. If an accurate accounting is made
for all ballots in the precinct in which the ballot was voted and
no other challenge exists against the voter, the ballot shall be
counted at the canvas. If properly signed, the commissioner shall
hand the ballot to a team of commissioners of opposite politics,
who shall together read the votes marked on the ballot for each
office. Write-in votes for election for any person other than an
official write-in candidate shall be disregarded. When a voter
casts a straight ticket vote and also casts a write-in vote for an
office, the straight ticket vote for that office shall be rejected
whether or not a vote can be counted for a write-in candidate;
(3) The commissioner responsible for removing the ballots from
the box shall keep a tally of the number of ballots as they are
removed and whenever the number shall equal the number of voters entered on the pollbook minus the number of challenged ballots, as
determined according to subsection (a) of this section, any other
ballot found in the ballot box shall be placed in the same envelope
with unsigned ballots not counted, without unfolding the same or
allowing anyone to examine or know the contents thereof, and the
number of excess ballots shall be recorded on the envelope;
(4) Each poll clerk shall keep an accurate tally of the votes
cast by marking in ink on tally sheets, which shall be provided for
the purpose, so as to show the number of votes received by each
candidate for each office and for and against each issue on the
ballot; and
(5) When the reading of the votes is completed, the ballot
shall be immediately strung on a thread.
ARTICLE 7. CONTESTED ELECTIONS.
§3-7-6. County and district contests; notices; time.
In all cases of contested elections, the county commission
shall be the judge of the election, qualifications and returns of
their own members and of all county and district officers:
Provided, That a member of the county commission whose election is
being contested may not participate in judging the election,
qualifications and returns.
A person intending to contest the election of another to any
county or district office, including judge of any court or any
office that shall hereafter be created to be filled by the voters of the county or of any magisterial or other district therein,
shall, within ten days after the result of the election is
certified, give the contestee notice in writing of such intention
and a list of the votes he will dispute, with the objections to
each, and of the votes rejected for which he will contend. If the
contestant objects to the legality of the election or the
qualification of the person returned as elected, the notice shall
set forth the facts on which such objection is founded. The person
whose election is so contested shall, within ten days after
receiving such notice, deliver to the contestant a like list of the
votes he will dispute, with the objections to each, and of the
rejected votes for which he will contend; and, if he has any
objection to the qualification of the contestant, he shall specify
in writing the facts on which the objection is founded. Each party
shall append to his notice an affidavit that he verily believes the
matters and things set forth to be true. If new facts be discovered
by either party after he has given notice as aforesaid, he may,
within ten days after such discovery, give an additional notice to
his adversary, with the specifications and affidavit prescribed in
this section.
The provisions of this section apply to all elections,
including municipal elections, except that the governing body of
the municipality is the judge of any contest of a municipal
election.
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-4a. Termination of political committees.
(a) A political committee may terminate by filing a written
request, in accordance with the provisions of section four of this
article, and by stating in the request that it will no longer
receive any contributions or make any disbursements and that it has
no outstanding debts or obligations. At such time, any excess
funds of the committee may be transferred to a political committee
established by the same candidate pursuant to the provisions of
section four or five-e of this article.
(b) The provisions of this section may not be construed to
eliminate or limit the authority of the secretary of state, in
consultation with the state election commission, to establish
procedures for: (1) The determination of insolvency with respect to
any political committee; (2) the orderly liquidation of an
insolvent political committee and the orderly application of its
assets for the reduction of outstanding debts; and (3) the
termination of an insolvent political committee after such
liquidation and application of assets.
(c) Notwithstanding any other provision of this code, any
political committee which has been terminated within three years
prior to the effective date of the reenactment of this section
during the regular session of the Legislature in the year two
thousand two, pursuant to a written request made in accordance with the provisions of section four of this article, may file a written
request and be authorized by the secretary of state to reestablish
the political committee. Any request to reestablish a political
committee pursuant to the provisions of this subsection must be
filed on or before the first day of July, two thousand two. The
provisions of this subsection may not be construed to increase the
maximum contribution authorized during an election cycle, as
provided in section twelve of this article.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION
OF OFFICERS; GENERAL PROVISIONS RELATING TO OFFICERS AND
EMPLOYEES; ELECTIONS AND PETITIONS GENERALLY; CONFLICT OF
INTEREST.
PART VII. ELECTIONS AND PETITIONS GENERALLY.
§8-5-13. Integration of municipal elections with system of
permanent registration.
Notwithstanding any charter provision to the contrary, it is
the duty of each city by charter provision or each municipality by
ordinance to make provision for integrating the conduct of all
municipal elections with the system of "permanent registration of
voters" as provided in article two, chapter three of this code.