ENGROSSED

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 615

(By Senators Unger, Hunter and McCabe)

____________

[Originating in the Committee on the Judiciary;

reported February 25, 2003.]

____________


A BILL to amend and reenact section thirty-one, article two, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting unaffiliated voters to vote for the election of a candidate of any political party in a primary election; and marking the voter registration record.

Be it enacted by the Legislature of West Virginia:
That section thirty-one, article two, 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 2. REGISTRATION OF VOTERS.

§3-2-31. Rules pertaining to voting after registration or change of address within the county.

(a) A voter who designates a political affiliation with a major party on a registration application filed at least thirty days before the primary may vote the ballot of that political party in the primary election. Political parties through the official action of their state executive committees shall be are permitted to determine whether unaffiliated voters or voters of other parties shall be allowed to may vote that party's primary election ballot upon request. An unaffiliated or "independent" voter may vote for the election of a candidate of any political party participating in the primary election, but may not vote for the candidates of more than one political party on more than one ballot. Upon voting for a candidate or candidates of a political party in a primary election, the unaffiliated or "independent" voter shall have his or her choice of political party ballot for that election clearly noted on his or her voter registration record together with the date of said election, but the unaffiliated or 'independent' designation of such voter shall not change until such time that the voter changes party affiliation. The clerk shall also advise the unaffiliated voter that he or she may change his or her registration at any time.
(b) A voter whose registration record lists one residence address but the voter has since moved to another residence address within the precinct shall be permitted to update the registration at the polling place and vote without challenge for that reason.
(c) A voter whose registration record lists one residence address but the voter has since moved to another residence address in a different precinct in the same county shall be permitted to update the registration at the polling place serving the new precinct and shall be permitted to vote a challenged or provisional ballot at the new polling place. If the voter's registration is found on the registration records within the county during the canvass and no other challenge of eligibility was entered on election day, the challenge shall be removed and the ballot shall be counted.
(d) A voter whose registration record has been placed on an inactive status or transferred to an inactive file and who has not responded to a confirmation notice sent pursuant to the provisions of section twenty-four, twenty-five or twenty-six of this article and who offers to vote at the polling place where he or she is registered to vote shall be required to affirm his or her present residence address under penalty of perjury as provided in section thirty-six of this article.