Senate Bill No. 463

(By Senators Hunter and Rowe)

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[Introduced February 6, 2003; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact section two-a, article three, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to restricting the official designated to supervise absentee voting to conducting absentee voting one day per location; allowing volunteer poll workers who satisfy all other requirements to conduct absentee voting; and restricting a candidate from visiting a school where absentee voting is being held for thirty days prior to the absentee voting taking place.

Be it enacted by the Legislature of West Virginia:
That section two-a, article three, 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 3. VOTING BY ABSENTEES.
§3-3-2a. Voting booths within public view to be provided; prohibition against display of campaign material; conducting in-person absentee voting; candidates may not visit public schools where absentee voting will be held for thirty days prior to the voting.

 Throughout the period of absentee voting in person, the official designated to supervise and conduct absentee voting shall make the following provisions for voting:
(1) The official shall provide a sufficient number of voting booths or devices appropriate to the voting system at which voters may prepare their ballots. The booths or devices are to be in an area separate from but within clear view of the public entrance area of the official's office or other area designated by the county commission for absentee voting and are to be arranged to ensure the voter complete privacy in casting the ballot.
(2) The official shall make the voting area secure from interference with the voter and shall ensure that voted and unvoted ballots are at all times secure from tampering. No person, other than a person lawfully assisting the voter according to the provisions of this chapter, may be permitted to come within five feet of the voting booth while the voter is voting. No person, other than the officials or employees of the official designated to supervise and conduct absentee voting or members of the board of ballot commissioners assigned to conduct absentee voting, may enter the area or room set aside for voting.
(3) The official designated to supervise and conduct absentee voting shall request the county commission designate another area within the county courthouse or any annex of the courthouse as a portion of the official's office for the purpose of absentee voting in the following circumstances:
(A) If the voting area is not accessible to voters with physical disabilities;
(B) If the voting area is not within clear view of the public entrance of the office of the official designated to supervise and conduct absentee voting; or
(C) If there is no suitable area for absentee voting within the office.
Any designated area is subject to the same requirements as the regular absentee voting area.
(4) No person may do any electioneering nor may any person display or distribute in any manner, or authorize the display or distribution of, any literature, posters or material of any kind which tends to influence the voting for or against any candidate or any public question on the property of the county courthouse or any annex facilities during the entire period of regular in-person absentee voting. The official designated to supervise and conduct absentee voting is hereby authorized to remove the material and to direct the sheriff of the county to enforce the prohibition.
 (5) Notwithstanding the provisions of any section of this chapter to the contrary, during the period of in-person absentee voting, the official designated to supervise and conduct absentee voting is hereby authorized to conduct absentee voting in designated public places in the county for one day per location: Provided, That volunteer poll workers may be used to conduct absentee voting in public places as long as the poll workers meet all other requirements of this chapter. When absentee voting is conducted in a public school, no candidate may visit that school within thirty days prior to the beginning of regular in-person absentee voting.





NOTE: The purpose of this bill is to restrict the official designated to supervise absentee voting to conducting absentee voting one day per location; allowing volunteer poll workers that satisfy all other requirements to conduct absentee voting; and restricting a candidate from visiting a school where absentee voting is being held for thirty days prior to the absentee voting taking place.

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