H. B. 4295
(By Delegates R. Thompson and Perdue)
[Introduced January 29, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section ten, article four, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to ballot labels for
elections.
Be it enacted by the Legislature of West Virginia:
That section ten, article four, chapter three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 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 such 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. 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. If an electronic voting system is
to be used in an election, the ballot commissioners shall, comply
with requirements of section eleven, article four-a of this
chapter.
(b) The heading, the names and arrangement of offices and the
printing and arrangement of names of the candidates for each office
indicated shall 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 multi-candidate 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 shall must be placed at the
end of the ballot and shall must be printed according to the
provisions of the laws and regulations governing such the question.
(d) The ballot labels so printed shall 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 such
the election. All such the labels shall 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 such
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 such 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.
NOTE:
The purpose of this bill is to
clarify procedures for
providing ballot labels and paper ballots for elections.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.