
COMMITTEE SUBSTITUTE
FOR
H. B. 2843
(By Delegates Mahan, Faircloth, Pethtel, Pino,
Fleischauer, Palumbo and Schadler)

(Originating in the 


Committee on the Judiciary)
[February 11, 2003]
A BILL to repeal section twenty, article two, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one
,
as amended; to amend and reenact sections twenty and forty-
one, article one of said chapter three;
to further amend said
article one by adding thereto three new section
s, designated
sections forty-eight, forty-nine and fifty;
to amend and
reenact sections three, five, ten and nineteen, article two of
said chapter three; and to further amend said article two by
adding thereto a new section, designated section four-a, all
relating to federal election procedures; providing for
procedures when voting a provisional ballot; establishing a
state election fund; setting new standards for voting systems;
providing for state-based administrative complaint procedures;
authorizing the secretary of state to establish and maintain
a statewide voter registration list; and providing for stricter identification procedures for voter registration.
Be it enacted by the Legislature of West Virginia:
That section twenty, article two, chapter three of the code of
West Virginia, one thousand nine hundred thirty-one
, as amended
, be
repealed; that sections twenty and forty-one, article one, of said
chapter three
be amended and reenacted; that said article one be
further amended by adding thereto three new sections, designated
sections forty-eight, forty-nine and fifty
; that
sections three,
five, ten and nineteen, article two of said chapter three
be
amended and reenacted; and that said article two be further amended
by adding thereto a new section, designated section four-a,
all to
read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-20. Cards of instructions to voters; sample ballots; posting.
The board of ballot commissioners of each county shall provide
cards of general information including the date of the election and
the hours during which polling places will be open, instructions
for mail-in registrants and first-time voters, and voters rights
and prohibitions against fraud and misrepresentation and cards of
instruction for voters in preparing their ballots, and casting a
challenged ballot as prescribed by the secretary of state. They
shall furnish a sufficient number of cards to the commissioners of
election at the same time they deliver the ballots for the precinct.
The commissioners of election shall post one instruction card
in each voting booth giving instructions to the voters on how to
prepare the ballots for deposit in the ballot boxes and how to
obtain a new ballot in place of one accidentally spoiled.
The commissioners of election shall post one or more other
cards of general information at places inside and outside of the
voting place where voters pass or wait to vote.
The ballot commissioners shall also cause to be printed, on a
different color paper than the official ballot, ten or more copies
of the ballots provided for each voting place, at each election
therein, which shall be designated sample ballots, and shall be
furnished and posted with the cards of general information at each
voting place.
§3-1-41. Challenged voter procedures; counting of challenged
voters' ballots; ballots of election officials.
It shall be the duty of the members of the receiving board,
jointly or severally, to challenge the right of any person
requesting a ballot to vote in any election, if such person's
registration record is not available at the time of the election,
or if the signature written by the person in the poll book does not
correspond with the signature purported to be his on the
registration record, or if the registration record of such person indicates any other legal disqualification.
Any person so challenged shall nevertheless be permitted to
vote in the election, but for that purpose he shall be furnished an
official ballot not endorsed by the poll clerks. In lieu of such
endorsements, the poll clerks shall fill and sign an appropriate
form indicating the challenge and the reason thereof, and the name
or names of the challengers. Such form shall be securely attached
to the voter's ballot and deposited together with the ballot in a
separate box or envelope marked "challenged ballots."
At the time that an individual casts a provisional ballot, the
poll clerk shall give the individual written information that
states that any individual who casts a provisional ballot will be
able to ascertain under the free access system established in this
section whether the vote was counted and, if the vote was not
counted, the reason that the vote was not counted.
The ballot of any voter so challenged shall not be counted by
the election officials. The county court [county commission]
shall, on its own motion, at the time of canvassing of the election
returns, sit in session to determine the validity of such
challenges. If the county court [county commission] shall
determine that the challenges are unfounded the ballot of each
challenged voter, if otherwise valid, shall be counted and tallied
together with the regular ballots cast in the election. In such determinations the county court [county commission] shall disregard
technical errors, omissions or oversights, if it can reasonably be
ascertained that the challenged voter was entitled to vote.
Any person duly appointed as an election commissioner or clerk
under the provisions of section twenty-eight of this article and
who serves in such capacity in a precinct other than the precinct
in which such person is legally entitled to vote, may cast a
challenged ballot in the precinct in which such person is serving
as a commissioner or clerk, and such ballot shall not be deemed
invalid for the sole reason of having been cast in a precinct other
than the precinct in which such person is legally entitled to vote,
and the county court [county commission] shall record the
challenged ballot on the voter's permanent registration record.
The secretary of state shall establish a free access system
(such as a toll-free telephone number or an internet website) that
any individual who casts a challenged ballot may access to discover
whether the vote of that individual was counted and, if the vote
was not counted, the reason that the vote was not counted.
§3-1-48. State election fund.
There is hereby created in the state treasury a special
revenue account to be known as the "State Election Fund" account.
Expenditures from the account shall be used by the secretary of
state for the administration of the Help America Vote Act of 2002, Public Law 107-252. All federal funds provided in accordance with
the Help America Vote Act shall be deposited into the account.
§3-1-49. Voting system standards.
(a) In accordance with the Help America Vote Act of 2002,
Public Law 107-252, each voting system used in an election for
federal office shall:
(1) Permit the voter to verify (in a private and independent
manner) the votes selected by the voter on the ballot before the
ballot is cast and counted;
(2) Provide the voter with the opportunity (in a private and
independent manner) to change the ballot or correct any error
before the ballot is cast and counted (including the opportunity to
correct the error through the issuance of a replacement ballot if
the voter was otherwise unable to change the ballot or correct any
error); and
(3) If the voter selects votes for more than one candidate for
a single office: (A) Notify the voter that the voter has selected
more than one candidate for a single office on the ballot; (B)
notify the voter before the ballot is cast and counted of the
effect of casting multiple votes for the office; and (C) provide
the voter with the opportunity to correct the ballot before the
ballot is cast and counted: Provided, That a county that uses a
paper ballot voting system, a punch card voting system, or a optical scan voting system (including mail-in absentee ballots),
may meet the requirements of this paragraph by establishing a voter
education program specific to that voting system that notifies each
voter of the effect of casting multiple votes for an office; and
providing the voter with instructions on how to correct the ballot
before it is cast and counted (including instructions on how to
correct the error through the issuance of a replacement ballot if
the voter was otherwise unable to change the ballot or correct any
error).
(4) Ensure that any notification required under this section
preserves the privacy of the voter and the confidentiality of the
ballot.
(b) Each voting system used in an election for federal office
shall produce a record with an audit capacity for such system which
shall meet the following requirements:
(1) Produce a permanent paper record with a manual audit
capacity for such system; and
(2) Provide the voter with an opportunity to change the ballot
or correct any error before the ballot is cast and counted and
before the permanent paper record is produced.
(c) Each voting system used in an election for federal office
shall be accessible for individuals with disabilities, including
nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and
participation (including privacy and independence) as for other
voters: Provided, That the provisions of this subsection may be
satisfied through the use of at least one direct recording
electronic voting system or other voting system equipped for
individuals with disabilities at each polling place.
§3-1-50. Establishment of state-based administrative complaint
procedures.
The secretary of state shall establish and maintain a state-
based administrative complaint procedure for complaints received
concerning election violations which shall meet the following
requirements:
(1) The procedures shall be uniform and nondiscriminatory.
(2) Under the procedures, any person who believes that there
is a violation of any provision of this chapter (including a
violation which has occurred, is occurring, or is about to occur)
may file a complaint.
(3) Any complaint filed under the procedures shall be in
writing and notarized, and signed and sworn by the person filing
the complaint.
(4) The secretary of state may consolidate complaints filed
under this section.
(5) At the request of the complainant, there shall be a hearing on the record.
(6) If, under the procedures, the secretary of state
determines that there is a violation of any provision of this
chapter, the secretary of state shall provide the appropriate
remedy.
(7) If, under the procedures, the secretary of state
determines that there is no violation, the secretary of state shall
dismiss the complaint and publish the results of the procedures.
(8) The secretary of state shall make a final determination
with respect to a complaint prior to the expiration of the ninety
day period which begins on the date the complaint is filed, unless
the complainant consents to a longer period for making such a
determination.
(9) If the secretary of state fails to meet the deadline
applicable under subdivision (8), the complaint shall be resolved
within sixty days under alternative dispute resolution procedures
established for purposes of this section. The record and other
materials from any proceedings conducted under the complaint
procedures established under this section shall be made available
for use under the alternative dispute resolution procedures.
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-3. State authority relating to voter registration; chief
election officer.
(a) The secretary of state, as chief election official of the
state as provided in section six, article one-a of this chapter,
shall have general supervision of the voter registration procedures
and practices and the maintenance of voter registration records in
the state, and shall have authority to require reports and
investigate violations to ensure the proper conduct of voter
registration throughout the state and all of its subdivisions.
(b) The secretary of state, as chief election official of the
state, is responsible for implementing, in a uniform and
nondiscriminatory manner, a single, uniform, official, centralized,
interactive computerized statewide voter registration list defined,
maintained, and administered at the state level that contains the
name and registration information of every legally registered voter
in the state and assigns a unique identifier to each legally
registered voter in the state.
(c) The secretary of state is hereby designated as the chief
election official responsible for the coordination of this state's
responsibilities under the "National Voter Registration Act of
1993" (42 U.S.C. 1973gg). The secretary of state shall have general
supervision of voter registration procedures and practices at
agencies and locations providing services as required by the
provisions of this article and shall have the authority to propose
procedural, interpretive and legislative rules for promulgation in accordance with the provisions of chapter twenty-nine-a of this
code, for application for registration, transmission of
applications, reporting and maintenance of records required by the
provisions of this article and for the development, implementation,
and application of other provisions of this article.
§3-2-4a. Statewide voter registration list.
(a) The secretary of state shall implement and maintain a
single, official, statewide, centralized, interactive computerized
voter registration list of every legally registered voter in the
state and shall assign a unique voter registration identifier to
each legally registered voter in the state, which shall include the
following:
(1) The computerized list shall serve as the single system for
storing and managing the official list of registered voters
throughout the state.
(2) The computerized list contains the name and registration
information of every legally registered voter in the state.
(3) Under the computerized list, a unique identifier is
assigned to each legally registered voter in the state.
(4) The computerized list shall be coordinated with other
agency databases within the state.
(5) The secretary of state and any clerk of the county
commission, may obtain immediate electronic access to the information contained in the computerized list
(6) Voter registration information obtained by any clerk of
the county commission in the state shall be electronically entered
into the computerized list on an expedited basis at the time the
information is provided to the clerk.
(7) The secretary of state shall provide such support as may
be required so that the clerk of the county commission is able to
enter information as described in subdivision (6) of this
subsection.
(8) The computerized list shall serve as the official voter
registration list for the conduct of all elections for in the
state.
(b) The secretary of state or the clerk of the county
commission shall perform list maintenance with respect to the
computerized list on a regular basis as follows:
(1) If an individual is to be removed from the computerized
list, such individual shall be removed in accordance with the
provisions of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.).
(2) For purposes of removing names of ineligible voters from
the official list of eligible voters under section 8(a)(3)(B) of
such Act (42 U.S.C. 1973gg- 6(a)(3)(B)), the secretary of state
shall coordinate the computerized list with state agency records on felony status; and by reason of the death of the registrant under
section 8(a)(4)(A) of such Act (42 U.S.C. 1973gg- 6(a)(4)(A)), the
secretary of state shall coordinate the computerized list with
state agency records on death.
(c) The list maintenance performed under subsection (b) shall
be conducted in a manner that ensures that:
(1) The name of each registered voter appears in the
computerized list;
(2) Only voters who are not registered or who are not eligible
to vote are removed from the computerized list; and
(3) Duplicate names are eliminated from the computerized list.
(d) The secretary of state and clerk of the county commission
shall provide adequate technological security measures to prevent
the unauthorized access to the computerized list established under
this section.
(e) The secretary of state shall ensure that voter
registration records in the state are accurate and are updated
regularly, including the following:
(1) A system of file maintenance that makes a reasonable
effort to remove registrants who are ineligible to vote from the
official list of eligible voters. Under such system, consistent
with the National Voter Registration Act of 1993 (42 U.S.C. 1973gg
et seq.), registrants who have not responded to a notice and who have not voted in two consecutive general elections for Federal
office shall be removed from the official list of eligible voters,
except that no registrant may be removed solely by reason of a
failure to vote.
(2) Safeguards to ensure that eligible voters are not removed
in error from the official list of eligible voters.
(f) Applications for voter registration may only be accepted
when the following information is provided:
(1) Except as provided in subdivision two of this subsection,
notwithstanding any other provision of law, an application for
voter registration may not be accepted or processed unless the
application includes either: (A) In the case of an applicant who
has been issued a current and valid driver's license, the
applicant's driver's license number; or (B) in the case of any
other applicant (other than an applicant to whom subsection two
applies), the last four digits of the applicant's social security
number.
(2) If an applicant for voter registration has not been issued
a current and valid driver's license or a social security number,
the secretary of state shall assign the applicant a number which
will serve to identify the applicant for voter registration
purposes. To the extent that the state has a computerized list in
effect under this section and the list assigns unique identifying numbers to registrants, the number assigned under this section
shall be the unique identifying number assigned under the list.
(g) The secretary of state and the commissioner of the
division of motor vehicles shall enter into an agreement to match
information in the database of the statewide voter registration
system with information in the database of the motor vehicle
authority to the extent required to enable each such official to
verify the accuracy of the information provided on applications for
voter registration.
(h) The commissioner of the division of motor vehicles shall
enter into an agreement with the commissioner of social security
under section 205(r)(8) of the Social Security Act.
§3-2-5. Forms for application for registration; information
required and requested; types of application forms;
notices.
(a)(1) All state forms for application for voter registration
shall be prescribed by the secretary of state and shall conform
with the requirements of the "National Voter Registration Act of
1993" (42 U.S.C. 1973gg) and the requirements of the provisions of
this article. Separate application forms may be prescribed for
voter registration conducted by the clerk of the county commission,
registration by mail, registration in conjunction with an
application for motor vehicle driver's license and registration at designated agencies. These forms may consist of one or more parts,
may be combined with other forms for use in registration by
designated agencies or in conjunction with driver licensing, and
may be revised and reissued as required by the secretary of state
to provide for the efficient administration of voter registration.
After the first day of January, one thousand nine hundred ninety-
five, all state forms issued for the purpose of voter registration
shall be those prescribed pursuant to the provisions of this
article, and no form used or issued for voter registration pursuant
to laws in effect before that date shall be provided to any person
for the purpose of registration.
(2) Notwithstanding any provisions of subdivision (1) of this
subsection to the contrary, the federal postcard application for
voter registration issued pursuant to the "Uniformed and Overseas
Citizens Absentee Voting Act of 1986" (42 U.S.C. 1973 et seq.), and
the mail voter registration application form prescribed by the
Federal Election Commission pursuant to the "National Voter
Registration Act of 1993" (42 U.S.C. 1973gg) shall be accepted as
a valid form of application for registration pursuant to the
provisions of this article.
(b) Each application form for registration shall include:
(1) A statement specifying the eligibility requirements for
registration and an attestation that the applicant meets each eligibility requirement;
(2) Any specific notice or notices required for a specific
type or use of application by the "National Voter Registration Act
of 1993" (42 U.S.C. 1973gg);
(3) A notice that a voter may be permitted to vote the
partisan primary election ballot of a political party only if the
voter has designated that political party on the application for
registration, unless the political party has determined otherwise;
(4) The last four digits of the applicant's social security
number or the applicant's driver's license number; and

(4)(5) Any other instructions or information essential to
complete the application process.
(c) Each application form shall require that the following be
provided by the applicant, under oath, and any application which
does not contain each of the following shall be considered
incomplete:
(1) The applicant's legal name, including the first name,
middle or maiden name, if any, and last name;
(2) The month, day and year of the applicant's birth;
(3) The applicant's residence address, including the number
and street or route and city and county of residence except:
(A) In the case of a person eligible to register under the
provisions of the "Uniformed and Overseas Citizens Absentee Voting Act" (42 U.S.C. 1973ff), the address at which he or she last
resided before leaving the United States or entering the uniformed
services, or if a dependent child of such a person, the address at
which his or her parent last resided; and
(B) In the case of a homeless person having no fixed residence
address who nevertheless resides and remains regularly within the
county, the address of a shelter, assistance center or family
member with whom he or she has regular contact, or other specific
location approved by the clerk of the county commission for the
purposes of establishing a voting residence; and
(4) The applicant's signature, under penalty of perjury, as
provided in section thirty-six [§ 3-2-36] of this article, to the
attestation of eligibility to register to vote and to the truth of
the information given.
(d) The applicant shall be requested to provide the following
information, but no application shall be rejected for lack of this
information:
(1) An indication whether the application is for a new
registration, change of address, change of name or change of party
affiliation;
(2) The applicant's choice of political party affiliation, if
any, or an indication of no affiliation: Provided, That any
applicant who does not enter any choice of political party affiliation shall be listed as having no party affiliation on the
voting record;
(3) The applicant's home residence mailing address, if
different than the residence street address;
(4) The last four digits of the applicant's social security
number;
(5) The applicant's telephone number;
(6) The address at which the applicant was last registered to
vote, if any, for the purpose of canceling or transferring the
previous registration;
(7) The applicant's gender; and

(8) The date the application is signed.
(e) The secretary of state shall prescribe the printing
specifications of each type of voter registration application and
the voter registration application portion of any form which is
part of a combined agency form.
(f) Application forms prescribed in this section may refer to
various public officials by title or official position, but in no
case may the actual name of any officeholder be printed on the
voter registration application or on any portion of a combined
application form.
(g) No later than the first day of July of each odd-numbered
year, the secretary of state shall submit the specifications of the voter registration application by mail for statewide bidding for a
contract period beginning the first day of September of each odd-
numbered year and continuing for two calendar years. The successful
bidder shall produce and supply the required mail voter
registration forms at the contract price to all purchasers of the
form for the period of the contract.
§3-2-10. Application for registration by mail.
(a) Any qualified person may apply to register, change,
transfer or correct his or her voter registration by mail.
Application shall be made on a prescribed form as provided by
section five of this article.
(b) To the extent possible with funds allocated annually for
such purpose, the secretary of state shall make state mail
registration forms available for distribution through governmental
and private entities and organized voter registration programs. The
secretary of state shall make a record of all requests by entities
or organizations for ten or more forms with a description of the
dates and locations in which the proposed registration drive is to
be conducted. The secretary of state may limit the distribution to
a reasonable amount per group.
(c) The clerk of the county commission shall provide up to
four mail registration forms to any resident of the county upon
request. To the extent possible with funds allocated annually for the purpose, the clerk of the county commission shall make state
mail registration forms available for distribution through
organized voter registration programs within the county. The clerk
of the county commission shall make a record of all requests by
entities or organizations for ten or more forms with a description
of the dates and locations in which the proposed registration drive
is to be conducted. The clerk may limit the distribution to a
reasonable amount per group.
(d) The applicant shall provide all required information and
only after completing the information, sign the prescribed
applicant's oath under penalty of perjury, as provided in section
thirty-six of this article. No person may alter or add any entry or
make any mark which would alter any material information on the
voter registration application after the applicant has signed the
oath: Provided, That the clerk of the county commission may correct
any entry upon the request of the applicant provided the request is
properly documented and the correction is dated and initialed by
the clerk.
(e) Completed applications shall be mailed or delivered to
the clerk of the county commission of the county in which the voter
resides. If a clerk receives a completed mail application form from
a voter whose residence address is located in another county, the
clerk shall forward that application within three days to the clerk of the county commission of the county of the applicant's
residence.
(f) Upon receipt of the application for registration by the
appropriate clerk of the county commission, the clerk shall:
(1) 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; and
(2) Immediately begin the verification process required by
the provisions of section sixteen of this article.
(g) Any person who registers by mail pursuant to this section
shall be required to make his or her first vote in person at the
polls or in person at the office of the clerk of the circuit court
to vote an absentee ballot in order to make the registration valid:
Provided, That any person who has applied for an absentee ballot
pursuant to the provisions of subdivision (1), subsection (d),
section one, article three of this chapter, or paragraph (B),
subdivision (2) of said subsection, or subdivision (3) of said
subsection or of subsection (e) of said section shall not have his
or her ballot in that election challenged for failure to appear in
person or for failure to present identification. and who has not
previously voted in an election in the state or if the statewide
voter registration has not yet been implemented, the voter has not previously voted in the county shall be required to present the
following forms of identification to the secretary of state or
clerk of the county commission:
(1) In the case of an individual who votes in person, a
current and valid photo identification; or a copy of a current
utility bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the voter;
(2) In the case of an individual who votes by mail, submits
with the ballot a copy of a current and valid photo identification
or a copy of a current utility bill, bank statement, government
check, paycheck, or other government document that shows the name
and address of the voter.
(h) An individual who desires to vote in person or by mail,
but who does not meet the requirements of subsection (g), may cast
a provisional ballot.
(i) Subsection (g) shall not apply in the case of a person:
(1) Who registers to vote by mail under section 6 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) and
submits as part of such registration either a copy of a current and
valid photo identification or a copy of a current utility bill,
bank statement, government check, paycheck, or government document
that shows the name and address of the voter;
(2)(A) Who registers to vote by mail under section 6 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) and
submits with such registration either a driver's license number or
at least the last four digits of the individual's social security
number; and (B) with respect to whom the secretary of state or
clerk of the county commission matches the information submitted
under paragraph (A) with an existing state identification record
bearing the same number, name and date of birth as provided in such
registration; or
(3) Who is: (A) Entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff-1 et seq.); (B) provided the right to vote otherwise than in
person under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (42 24 U.S.C.
1973ee-1(b)(2)(B)(ii)); or 25 (iii) entitled to vote otherwise than
in person under any other Federal law; Provided, That any person
who has applied for an absentee ballot pursuant to the provisions
of subdivision (1), subsection (d), section one, article three of
this chapter, or paragraph (B), subdivision (2) of said subsection,
or subdivision (3) of said subsection or of subsection (e) of said
section shall not have his or her ballot in that election
challenged for failure to appear in person or for failure to
present identification.

(h) Any person required by this section to make his or her first vote in person shall present valid identification and proof
of age to the clerks at the poll or at the office of the clerk of
the circuit court or the clerk of the county commission of the
county in which he or she is registered before casting the first
ballot.

(i) (j) Any person who submits a state mail voter
registration application to the clerk of the county commission in
the county in which he or she is currently registered for the
purpose of entering a change of address within the county, making
a change of party affiliation or recording a change of legal name
shall not be required to make his or her first vote in person or to
present identification or proof of age.
§3-2-19. Maintenance of active and inactive registration files in
precinct record books and county alphabetical
registration file.
(a) Each county shall continue to maintain a record of each
active and inactive voter registration in precinct registration
books until the statewide voter registration state uniform data
system is adopted pursuant to the provisions of section twenty
four-a of this article, fully implemented and given final approval
by the secretary of state. The precinct registration books shall be
maintained as follows:
(1) Each active voter registration shall be entered in the precinct book or books for the county precinct in which the voter's
residence is located and shall be filed alphabetically by name,
alphabetically within categories, or by numerical street address,
as determined by the clerk of the county commission for the
effective administration of registration and elections. No active
voter registration record shall be removed from the precinct
registration books unless the registration is lawfully transferred
or canceled pursuant to the provisions of this article.
(2) Each voter registration which is designated "inactive"
pursuant to the procedures prescribed in section twenty-seven [§ 3-
2-27] of this article shall be retained in the precinct book for
the county precinct in which the voter's last recorded residence
address is located until the time period expires for which a record
must remain on the inactive files. Every inactive registration
shall be clearly identified by a prominent tag or notation or
arranged in a separate section in the precinct book clearly
denoting the registration status. No inactive voter registration
record shall be removed from the precinct registration books unless
the registration is lawfully transferred or canceled pursuant to
the provisions of this article.
(b) For municipal elections, the registration records of
active and inactive voters shall be maintained as follows:
(1) County precinct books shall be used in municipal elections when the county precinct boundaries and the municipal precinct
boundaries are the same and all registrants of the precinct are
entitled to vote in state, county and municipal elections within
the precinct or when the registration records of municipal voters
within a county precinct are separated and maintained in a separate
municipal section or book for that county precinct and can be used
either alone or in combination with other precinct books to make up
a complete set of registration records for the municipal election
precinct.
(2) Upon request of the municipality, and if the clerk of the
county commission does not object, separate municipal precinct
books shall be maintained in cases where municipal or ward
boundaries divide county precincts and it is impractical to use
county precinct books or separate municipal sections of those
precinct books. If the clerk of the county commission objects to
the request of a municipality for separate municipal precinct
books, the state election commission must determine whether the
separate municipal precinct books should be maintained.
(3) No registration record may be removed from a municipal
registration record unless the registration is lawfully transferred
or canceled pursuant to the provisions of this article in both the
county and the municipal registration records.
(c) No later than the first day of January, one thousand nine hundred ninety-five, and within thirty days following the entry of
any annexation order or change in street names or numbers, the
governing body of an incorporated municipality shall file with the
clerk of the county commission a certified current official
municipal boundary map and a list of streets and ranges of street
numbers within the municipality to assist the clerk in determining
whether a voter's address is within the boundaries of the
municipality.
(d) Each county, so long as precinct registration books are
maintained, shall maintain a duplicate record of every active and
inactive voter registration in a county alphabetical file. The
alphabetical file may be maintained on individual paper forms or,
upon approval of the secretary of state of a qualified data storage
program, may be maintained in digitized format. A qualified data
storage program shall be required to contain the same information
for each voter registration as the precinct books, shall be subject
to proper security from unauthorized alteration and shall be
regularly duplicated to backup data storage to prevent accidental
destruction of the information on file.