Senate Bill No. 584

(By Senators Jenkins, Plymale and Minear)

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[Introduced February 17, 2003; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact section thirty-seven, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to restrictions on presence and conduct at polls; authorizing voter verification persons or "checkers" to be appointed by recognized political parties to verify voters' identities and party affiliations during general elections; and providing criminal offense and penalties.

Be it enacted by the Legislature of West Virginia:
That section thirty-seven, article one, 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 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-37. Restrictions on presence and conduct at polls.
(a) Except as otherwise provided in this section, no person, other than the election officers and voters going to the election room to vote and returning therefrom, may be or remain within three hundred feet of the outside entrance to the building housing the polling place while the polls are open. This subsection does not apply to persons who reside or conduct business within such distance of the entrance to the building housing the polling place, while in the discharge of their legitimate business, or to persons whose business requires them to pass and repass within three hundred feet of such entrance or to checkers appointed by party executive committees as provided in subsection (f) of this section.
(b) A person who is delivering a voter to a polling place by motor vehicle may drive such vehicle to a convenient and accessible location to discharge the voter, notwithstanding that the location is within three hundred feet of the outside entrance to the building housing the polling place. Upon discharging such voter from the vehicle, the person shall remove the vehicle from within three hundred feet of the entrance until such time as the voter is to be transported from the polling place or another voter delivered: Provided, That vehicles delivering voters who require assistance by reason of blindness, disability or advanced age may remain within three hundred feet of the entrance until such time as the voter is to be transported from the polling place.
(c) The election commissions shall limit the number of voters in the election room so as to preserve order. No person may approach nearer than five feet to any booth or compartment while the election is being held, except the voters to prepare their ballots, or the poll clerks when called on by a voter to assist in the preparation of his or her ballot, and no person, other than election officers and voters engaged in receiving, preparing and depositing their ballots, may be permitted to be within five feet of any ballot box, except by authority of the board of election commissioners, and then only for the purpose of keeping order and enforcing the law.
(d) Not more than one person may be permitted to occupy any booth or compartment at one time. No person may remain in or occupy a booth or compartment longer than may be necessary to prepare his or her ballot, and in no event longer than five minutes, except that any person who claims a disability pursuant to section thirty-four of this article shall have additional time up to ten additional minutes to prepare his or her ballot. No voter, or person offering to vote, may hold any conversation or communication with any person other than the poll clerks or commissioners of election, while in the election room.
(e) The provisions of this section do not apply to persons rendering assistance to blind voters as provided in section thirty-four of this article or to any child fourteen years of age or younger who accompanies a parent, grandparent or legal guardian who is voting. Any dispute concerning the age of a child accompanying a parent, grandparent or legal guardian who is voting shall be determined by the election commissioners.
 (f) Voter verification persons or "checkers" may be appointed by the respective party executive committees of the majority political parties and may be or remain within three hundred feet of the outside entrance to a polling place on the day of general elections for the purpose of asking prospective voters their names and political affiliation or registration. The chairperson of the respective political parties, no later than one week before the general election, must submit the names of persons appointed checkers at the polling places to the county clerk, in order for the checker to be permitted access to the area of the polling place. Only one checker from each political party may be designated for each polling place. The voter verification person or checker may not enter the polling place or campaign in any manner for candidates of that checker's political party. The voter verification persons or checkers may not impede, interfere, block or otherwise detain voters from entering the polling places. The secretary of state and the county clerks and prosecuting attorneys of the respective counties are responsible for ensuring compliance with the provisions of this subsection. Any person appointed as a voter verification person who violates any provision of this section is subject to the criminal provisions of section twenty-four, article nine of this chapter.
NOTE: The purpose of this bill is to authorize voter verification persons or "checkers" to be appointed by the recognized political parties to verify voters' identities and party affiliations during general elections.

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