sb196 intr

Senate Bill No. 196
(By Wooton, Burnette, Hunter, Kessler, Oliverio,
Redd, Ross, Rowe, Snyder, Facemyer, Deem, McCabe, McKenzie and Minard )
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[Introduced January 14, 2002;
referred to the Committee on the Judiciary.]
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A BILL to repeal section seven, article three, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections twenty-nine, thirty and thirty-four, article one of said chapter; to amend and reenact section seven, article two of said chapter; to amend and reenact sections two-a, four, eight and eleven, article three of said chapter; to amend and reenact section 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 six, article nine of said chapter; and to amend and reenact section thirteen, article five, chapter eight of said code, all relating to election laws generally.

Be it enacted by the Legislature of West Virginia:

That section seven, article three, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that sections twenty-nine, thirty and thirty-four, article one of said chapter be amended and reenacted; that section seven, article two of said chapter be amended and reenacted; that sections two-a, four, eight and eleven, article three of said chapter be amended and reenacted; that section 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 six, article nine 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:
CHAPTER 3. ELECTIONS.
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; and

(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.

(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

(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 may also 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 their 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.

(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 governing body, 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.

~~(d)~~ (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.

~~(e)~~(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.

~~(f)~~(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.

~~(g)~~ (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.

~~(h)~~ (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.

~~(i)~~ (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 ~~of the same political party as the party that nominated the person originally appointed~~;

(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.

~~(j)~~ (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, : ~~Provided,~~ ~~That assistance may not~~ ~~be given by~~ other than the voter's present or former employer or agent of that employer, or 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; 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 ~~Friday and Monday~~ 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.
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 the voting area is not accessible, except by way of a metal detector; or~~
~~(D)~~ (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.

§3-3-4. 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, or 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.
§3-3-8. 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.

(b) The county clerk shall appoint at least one team of three absentee ballot counting commissioners. Each team shall consist of one member of the opposite political party from the other two members of the team. 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, and before the operating lever or mechanism of the voting machines (in counties using voting machines) are locked and sealed as provided in section twenty-four, article four of this chapter, the election commissioners and poll clerks of the precinct, the absentee ballot counting commissioners, in the presence of each other, shall open the ~~carrier envelope~~ ballot box in which are enclosed the absent voters' ballots ~~for that precinct~~.

(2) After the ~~carrier envelope~~ ballot box has been opened, each of the ~~election commissioners and poll clerks~~ 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 ~~election~~ absentee ballot counting commissioners ~~or poll clerks~~. 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 ~~election commissioners and poll clerks~~ 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 ~~election commissioners and poll clerks~~ 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 ~~election commissioners and poll clerks~~ 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 ~~poll clerks~~ absentee ballot counting commissioners 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 ~~poll clerks~~ absentee ballot counting commissioners 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 poll book.

An election commissioner shall thereupon deposit the absent voters' ballots in the ballot box in those counties not using voting machines. In the counties which have adopted voting machines, the election commissioners shall, before locking and sealing the operating levers or mechanism on the voting machines, record such ballots on the voting machine. Such recording of absent voters' ballots shall be done by one of the election commissioners, and the act of casting such votes shall be performed in the presence, and under the careful observation and full view, of all election commissioners and poll clerks, and the votes as indicated by voting pointers fully carries out the intent of the voter as shown by the cross marks on the paper ballots. After the absent voters' ballots have been recorded on the voting machine, they shall be enclosed in a sealed package, properly endorsed, and returned and filed with the statement of returns.

(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 officer 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 ~~is invalid and is subject to challenge by any election commissioner or poll clerk.~~ 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 ~~to whom the ballots for the precinct are delivered and at the time of the delivery of those ballots~~ 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.
§3-4-20. Recording and disposition of absent voters' ballots.

The recording and disposition of absent voters' ballots ~~delivered to polling places using voting machines~~ 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-O 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 ~~six months~~ ninety days after the entry of such order of its intention to adopt the same. Promptly after the expiration of ~~six months~~ ninety 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 ~~six months~~ ninety 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, ~~following by not less than six months the date of the filing of such petition,~~ 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. ~~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.~~

(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) 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. 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 ~~delivered to the polling place~~ 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) ~~When absent voters' ballots have been delivered to the election board of any precinct, the election~~ 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 absent 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 ~~election commissioners and poll clerks~~ absent 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 poll clerks~~ Two of the absent ballot counting commissioners of opposite political party registration 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 ~~shall~~ is to be printed in display type. The heading ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ are to be specified and the names of the candidates ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ are to be separated by heavy lines. Within the columns, the offices ~~shall~~ 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 ~~shall~~ are to appear in the same sequence as prescribed in section thirteen-a, 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 ~~shall~~ is to be separated from preceding offices or candidates by a line, and ~~shall~~ is to be printed in bold type, no smaller than eight point. Below the office ~~shall~~ 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 ~~shall~~ is to be a clear explanation of ~~such~~ 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 ~~shall~~ 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 ~~shall~~ is to be clearly shown. For paper ballots, other than those tabulated electronically, the official primary ballot ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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, ~~shall~~ are to be printed in lower case letters beneath the names of the candidates.

(3) The arrangement of names within each office ~~shall~~ 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 ~~shall~~ 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" ~~shall~~ is to be printed following the names of all candidates for delegate to national convention.

(g) All paper ballots ~~shall~~ 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 ~~shall~~ are to meet minimum requirements of the tabulating systems.

(h) Electronically tabulated ballots and ballot cards ~~shall~~ are to contain perforated tabs at the top of the ballots and ~~shall~~ 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 ~~shall~~ is to be bordered by a solid line at least one sixteenth of an inch wide, and the ballot ~~shall~~ is to be trimmed to within one-half inch of that border.

(i) On the back of every official ballot or ballot card, ~~there shall be printed~~ the words "Official Ballot" with the name of the county and the date of the election are to be printed. Beneath ~~shall~~ the date of the election there are to be two blank lines, followed by the words "Poll Clerks".

(j) Absent voters' ballots ~~shall~~ are to be in all respects like other official ballots, except that three blank lines ~~shall~~ 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 ~~shall~~ are to be like other official ballots or ballot labels, except that the word "sample" ~~shall~~ is to be prominently printed across the front of the ballot in ~~such a way that~~ 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 ~~shall~~ 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); subsection (d); subdivisions (1) and (2), subsection (d); and (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 ~~shall~~ is to be in display type and ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~above~~ instructions ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ are to be arranged in the order prescribed in section thirteen-a, article five of this chapter, under the appropriate tickets, which ~~shall~~ 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 ~~shall~~ is to be as follows:

(1) In elections for presidential electors, the names of the candidates for president and vice president of each party ~~shall~~ are to be placed beside a brace with a single voting position, so that a vote for any presidential candidate ~~shall be~~ is a vote for the electors of the party for which ~~such~~ 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 ~~shall~~ be is determined as prescribed in section thirteen-a, article five of this chapter: Provided, That the drawing by lot ~~shall~~ is to be conducted on the seventieth day next preceding the date of the general election, beginning at nine o'clock 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 ~~shall~~ are to be staggered so that no two candidates for that office ~~shall~~ appear directly opposite any other candidate, as shown in the example below:

For House of Delegates

First Delegate District

(Vote For Not More Than Two)(Vote For Not More Than Two)

[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.]

SUSAN B. ANTHONY
City (County)

JOHN ADAMS
City (County)
ABRAHAM LINCOLN
City (County)

JAMES MONROE
City (County)

(4) Each voting system ~~shall~~ 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 ~~shall~~ 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 ~~such~~ vacancy ~~shall~~ 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" ~~shall~~ 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 ~~shall~~ 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 ~~shall~~ is to be set off by means clearly separating the nonpartisan ballot from the ballot for the political party candidates, and ~~shall~~ is to be headed "Nonpartisan Board of Education".

(e) Any constitutional amendment ~~shall~~ is to be placed following all offices, followed by any other issue upon which the voters ~~shall~~ are to cast a vote. The heading for each amendment or issue ~~shall~~ is to be printed in large, bold type according to the requirements of the resolution authorizing ~~such~~ 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 ~~such~~ 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 ~~and pay a filing fee~~ 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) Any person who seeks to become an official write-in candidate shall pay a filing fee, which shall be the fee prescribed for the office in section eight, article five of this code, or other section of this code, as the case may be.
The provisions of section eight-a, article five of this chapter relating to the waiver of filing fees shall apply, and the petition for waiver of the fee shall be due no later than the time of filing the certificate of announcement. The filing fees shall be distributed to the counties as provided in section eight, article five of this chapter.
~~(c)~~ (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.

~~(d)~~ (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.

~~(e)~~ (d) Any eligible person who files a completed write-in candidate's certificate of announcement ~~and the required filing fee~~ 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 first process the absentee ballots according to the provisions of section eight, article three of this chapter. After the absentee ballots to be counted have been deposited in the ballot box, the election officers shall proceed to ascertain the result of the election in the following manner:

(a) The receiving board shall ascertain from the poll books 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.

(b) 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 poll book 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 ~~criminal, intermediate, common pleas or other inferior~~ 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 ~~declared~~ 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.
ARTICLE 9. OFFENSES AND PENALTIES.
3-9-6. Unauthorized presence in election room; three hundred-foot limit; penalties.

If any person, not herein authorized so to do, enters or attempts to enter the election room, except upon a lawful errand and for a proper purpose, or remains within three hundred feet of the outside entrance to the building housing the polling place, contrary to the provisions of this chapter, he shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars, or confined in the county jail for not more than thirty days.

~~Excepting~~ Except for those individuals ~~provided for~~ expressly authorized in this or other sections of the code, only full-time employees of the ~~Secretary of State's office~~, secretary of state, representatives appointed by the state election commission or full- time employees of the respective county offices of the county clerk or the county prosecutor may enter or otherwise disturb the polling place.
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 shall be~~ 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. Such charter provision or ordinance shall, to the extent reasonably applicable, parallel the provisions of chapter three of this code which integrate county- state elections with the "permanent registration system."

Note: The purpose of this bill is to revise the election laws of this state, by authorizing certain high school students to serve as volunteer "election official trainees"; authorizing county clerks to confirm qualifications of persons nominated to serve as election officials; removing requirement that person who may be appointed to serve as an election official by the county clerk on election day when the official originally appointed fails to appear must be from the same political party as the person originally appointed; eliminating inconsistencies in code relating to extended hours of voters' registration offices; clarifying certain language pertaining to election contests and confirming the law applies to municipal elections; permitting language on ballot describing fact that no candidates are listed for vacant positions; removing requirements that write-in candidates pay a filing fee because of a decision of the U.S. District Court; prohibiting candidates from assisting persons who are voting; eliminating prohibition on the presence of metal detectors in absentee voting location of courthouse; changing process of delivery and counting of absentee ballots to make process consistent for all voting systems; permitting absentee ballot to be counted even if ballot does not have proper signatures of election officials if all other ballots from the precinct are accounted for and the vote is not otherwise challenged; shortening time period county commission may consider adopting electronic voting systems; authorizing appointed representatives of state election commission to be present in polling places on election day; and requiring municipalities maintain the same permanent registration of voters, consistent with counties.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.