A BILL to repeal section forty, article one, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section twenty, article two of said chapter; to repeal section twenty-one, article four-a of said chapter; to repeal section twenty-one, article nine of said chapter; to amend and reenact sections seven, nine, twenty, twenty-one, twenty-four, twenty-five, twenty-eight, twenty- nine, thirty, thirty-four, thirty-nine, forty-one, forty-four and forty-five, article one of said chapter; to further amend said article by adding thereto three new sections, designated sections forty-eight, forty-nine and fifty; to amend and reenact sections two, three, five, seven, ten, thirteen, nineteen and thirty, article two of said chapter; to further amend said article by adding thereto a new section, designated section four-a; to amend and reenact sections one, two, two-a, three, five, five-c, seven, eight, ten and eleven, article three of said chapter; to amend and reenact sections ten and twenty-three, article four of said chapter; to amend and reenact sections nine, nineteen, twenty-two, twenty-four-a and twenty-seven, article four-a of said chapter; to amend and reenact sections ten, thirteen, fifteen and nineteen, article five of said chapter; to amend and reenact sections three, four-a, five, six, seven and nine, article six of said chapter; to amend and reenact sections one and four, article seven of said chapter; to amend and reenact sections two, four, five, eight and twelve, article eight of said chapter; to amend and reenact sections seven and eight, article ten of said chapter; and to amend and reenact section two, article six, chapter eight of said code, all relating to elections generally; requiring written notice to registered voters if precinct is changed; clarifying how members of the state executive committees are elected; specifying the information to be on the general information cards; providing instruction on casting a provisional ballot; requiring posting of names of official write-in candidates; requiring all information available to voters on election day to be available during the early in-person voting period; requiring the circuit clerk to transfer absentee ballots to the clerk of the county commission where clerk of the county commission is responsible for absentee voting; authorizing poll clerks to pick up election supplies; authorizing reimbursement for county employees who deliver election supplies; prohibiting election officials from also being official write-in candidates; making expanded receiving boards optional; clarifying that alternate election officials be paid for attending training; changing challenged ballot to provisional ballot throughout; clarifying that the clerk of the county commission may use election records and returns to update voter registration records; eliminating the requirement for the immediate arrest of a person accused of voting illegally; establishing procedures for taking and securing affidavits regarding illegal voting; providing for the secured affidavits to be given to the prosecuting attorney; establishing procedures for challenging ballots and voting a provisional ballot; requiring that the secretary of state establish a system to allow provisional voters to learn whether or not their vote was counted and why; requiring the circuit court to decide proceedings to compel performance of election duties within fifteen days; establishing a state election fund; setting new standards for voting systems; providing for state administrative complaint procedures for election law violations; authorizing the secretary of state to establish and maintain a statewide voter registration list; providing for stricter identification procedures for voter registration; clarifying when seventeen-year-olds may vote in municipal elections; providing that voter registration services will be provided whenever the office of the clerk of the county commission is open for business; clarifying that the secretary of state must periodically review and revise the rule relating to voter registration; clarifying that voter registration lists or data files may not be used or sold for commercial or charitable solicitations or advertising; changing regular absentee voting to early in-person voting; allowing voters who have resided in a nursing home for less than thirty days to vote by an emergency absentee ballot; clarifying that absentee ballots require a mail-in absentee ballot application; authorizing two representatives to assist with absentee voting and establishing qualifications; expanding the early in-person voting period to twenty days; eliminating voting on Monday before a Tuesday election and adding voting on the two Saturdays prior to the election; requiring notice to voters that Monday voting is no longer available; clarifying procedures for, and materials required for, early in-person voting; authorizing representatives to sign the back of mail- in ballots; requiring proper supplies be sent to mail-in absentee voters; establishing measures for securing mail-in absentee ballots; providing that the emergency absentee ballot commissioners must sign an oath; authorizing counties that use paper ballots to begin counting absentee ballots at nine o'clock the morning of election day; removing certain requirements for challenging absentee ballots; allowing ballot commissioners and the clerk of the circuit court to use printed facsimile signature; requiring that all electronic voting system materials be retained twenty-two months; providing that a person who assists voters casting their ballots cannot be a candidate on the ballot or an official write-in candidate; removing the requirement that write-in votes be indicated by punching out write-in voting position on a punch card ballot in addition to entering the candidate's name; providing that the publication of sample ballots will be made not more than twenty-six nor less than twenty days prior to the primary and general elections; requiring numbers and perforated stubs on paper ballots; clarifying the requirements for an executive committee to call a meeting to fill vacancies on a ballot; allowing issues of candidate eligibility to be brought before the election commission; requiring the certificate of announcement for a write-in candidate be received by the close of business the eighteenth day prior to the election; requiring contests for state offices, legislative seats and judgeships to be filed within ten days of the certification of the election; removing the requirement that political committees advocating for or against an issue file financial statements; excluding federal political action committees from filing with the state; allowing a change of treasurer of a campaign committee by filing a written statement; requiring that candidates in a primary election file financial statements on the last Saturday in March or within six days thereafter; requiring that candidates in a general election file financial statement on the first Saturday in September or within six days thereafter; eliminating requirement that financial reports be notarized and requiring them to be sworn; allowing corporations to participate in nonpartisan registration and get-out-the-vote campaigns; prohibiting anonymous radio or television advertisements advocating the election or defeat of candidates; clarifying how a vacancy in the office of county commissioner or clerk of the county commission is to be filled; removing requirement to fill certain vacancies by election if the unexpired term is greater than one year; removing inconsistent time frames for holding annexation election; and clarifying that a majority of votes in the municipality and a majority of votes in the territory to be annexed determine the outcome of annexation elections.

CHAPTER 3. ELECTIONS.
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-7. Precinct changes; procedure; precinct record.

§3-1-9. Political party committees; how composed; organization.

§3-1-20. Cards of instructions to voters; sample ballots; posting.

The commissioners shall also post the official write-in candidates in the same locations inside and outside of the voting place.

(e) During the period of early in-person voting, the official designated to supervise and conduct absentee voting shall post the cards of general information, a list of official write-in candidates and sample ballots within the area where absentee voting is conducted.

§3-1-21. Printing of official and sample ballots; number; packaging and delivery, correction of ballots.

§3-1-24. Obtaining and delivering election supplies.

§3-1-28. Election officials; eligibility, suspension of eligibility.

§3-1-29. Boards of election officials; definitions, composition of boards, determination of number and type.

and

§3-1-30. Nomination and appointment of election officials and alternates; notice of appointment; appointment to fill vacancies in election boards.

§3-1-34. Voting procedures generally; assistance to voters; voting records; penalties.

§3-1-39. Illegal voting; affidavit; procedure.

§3-1-41. Challenged and provisional voter procedures; counting of provisional voters' ballots; ballots of election officials.

(c) At the time that an individual casts a provisional ballot, the poll clerk shall give the individual written information stating that an 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.

, 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 is available to serve on election day.

The rate paid for mileage pursuant to this section may change from time to time in accordance with changes in the reimbursement rates established by the travel management office, or its successor agency.

§3-2-3. State authority relating to voter registration; chief election official.

§3-2-4a. Statewide voter registration list.

and

§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.

§3-3-1. Persons eligible to vote absentee ballots.

(a) Registered and other qualified voters of the county may vote an absentee ballot pursuant to the provisions of this article.

(c) Any registered voter or other qualified voter of the county who will be absent from the county throughout the regular period and available hours for voting in person because of personal or business travel or employment and who will be unable to receive an absentee ballot by mail at an address outside the county during that absence may vote an absentee ballot under special affidavit in person during the period of special absentee voting in person.

§3-3-2. Authority to conduct absentee voting; absentee voting application; form.

§3-3-2a. Voting booths within public view to be provided; prohibition against display of campaign material.

, That the two representatives shall not be registered with the same political party affiliation or two persons registered with no political party affiliation. The representatives may be full-time employees, temporary employees hired for the period of absentee voting in person or volunteers.

(b) Special absentee voting in person for persons eligible to vote an absentee ballot under the provisions of subsection (c), section one of this article is to be conducted during regular business hours in the office of the official designated to supervise and conduct absentee voting beginning on the forty-second day before the election and continuing until the first day when regular absentee voting in person begins. Any person seeking to vote absentee under this subsection is to first give an affidavit, on a form prescribed by the secretary of state, stating under oath the specific circumstances which prevent voting absentee during the period for regular absentee voting in person or by mail.
(c) Upon oral request, the official designated to supervise and conduct absentee voting shall provide the voter with the appropriate application for voting absentee in person, as provided in this article. The voter shall complete and sign the application in his or her own handwriting or, if the voter is unable to complete the application because of illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided.
(d) Upon completion, the application is to be immediately returned to the official designated to supervise and conduct absentee voting who shall determine:
(1) Whether the application has been completed as required by law;
(2) Whether the applicant is duly registered to vote in the precinct of his or her residence and, in a primary election, is qualified to vote the ballot of the political party requested; and
(3) Whether the applicant is authorized for the reasons given in the application to vote an absentee ballot by personal appearance during the special absentee voting period at the time of the application.

(b) Any person desiring to vote during the period of early in- person voting shall, upon entering the election room, clearly state his or her name and residence to the official or representative designated to supervise and conduct absentee voting. If that person is found to be duly registered as a voter in the precinct of his or her residence, he or she shall be required to sign his or her name in the space marked "signature of voter" on the pollbook. If the voter is unable to sign his or her name due to illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided. No ballot may be given to the person until he or she signs his or her name on the pollbook.
(c) When the voter's signature or mark is properly on the pollbook, two qualified representatives of the official designated to supervise and conduct absentee voting shall sign their names in the places indicated on the back of the official ballot.

(2) For all punch card and paper ballot voting and for optical scan ballots voted after election supplies are delivered to the election supply commissioner, one envelope, unsealed, which may have no marks except the designation "Absent Voter's Ballot Envelope No. 1" and printed instructions to the voter;
(3) For all punch card and paper ballot voting and for optical scan ballots voted after election supplies are delivered to the election supply commissioner, one envelope, unsealed, designated "Absent Voter's Ballot Envelope No. 2"; and
(4) For optical scan voting systems, ballots, a secrecy sleeve and access to a ballot box secured by two locks with keys kept by the president of the county commission and the county clerk.

(2) In counties using punch card systems, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law, and a gray secrecy envelope;
(3) In counties using optical scan systems, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law, and a secrecy sleeve; or
(4) For direct recording election systems, access to the voting equipment in the voting booth.

(1) Enter onto the envelope any other required information; (2) Enter the challenge, if any, to the ballot;
(3) Enter the required information into the permanent record of persons applying for and voting an absentee ballot in person; and
(4) Place the sealed envelope in a secure location in the official's office, to remain until delivered to the polling place or, in the case of a challenged ballot, to the board of canvassers.

(1) Remove the ballot stub;
(2) Place punch card ballots and paper ballots into one envelope which shall not have any marks except the precinct number and seal the envelope;
(3) Place ballots for all voting systems into a ballot box that is secured by two locks with a key to one lock kept by the president of the county commission and a key to the other lock kept by the county clerk.

(4) Due to the reenactment of this section by the Legislature in the two thousand three regular session removing authorization for early in-person voting on the Monday prior to a Tuesday election, to assure notice to all persons that voted on the Monday before the Tuesday election day of the two thousand two general election are made aware of this change, the clerk of each county shall, for the primary election of the year two thousand four, include along with the sample ballots published in local newspapers as required by this chapter a notice to voters that Monday in- person voting will no longer be available.

and

(5) For electronic systems, one punching tool for perforating or a device for marking by electronically sensible pen or ink, as may be appropriate;
(6) 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; and

(1) Enter onto the envelope any other required information; (2) Enter the challenge, if any, to the ballot;

§3-3-5c. Procedures for voting an emergency absentee ballot by qualified voters.

(b) For optical scan voting systems, all ballots voted before the precinct supplies are delivered to the precinct supply commissioner are to be deposited in the ballot box. The ballots deposited in the ballot box shall be counted and merged with the election day ballots at the counting center on election night.

§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 or, at the option of the clerk of the county commission, be delivered for counting at the precinct in which the absent voter is registered to vote, as provided in section seven of this article.
(b) The county clerk shall appoint at least one team of five absentee ballot counting commissioners. The composition of each team shall consist of the same combination of election officials as provided for a counting board in subdivision (3), subsection (a), section twenty-nine, article one of this chapter. 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 the absentee ballot counting commissioners, in the presence of each other, shall open the ballot box in which are enclosed the absent voters' ballots.
(2) After the ballot box has been opened, each of the 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 absentee ballot counting commissioners. 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 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 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 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 absentee ballot counting commissioners who are poll clerks 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 absentee ballot counting commissioners who are poll clerks 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 pollbook.
(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.

(a) In counties using paper ballots, all absentee ballots shall be processed as follows:

(1) The ballot boxes containing the absentee ballots shall be opened in the presence of the clerk of the county commission and two representatives of opposite political parties;

(2) The ballots shall be separated by precincts as stated on the sealed envelopes containing the ballots; and
(3) Absentee ballots shall be delivered to the polls to be opened and counted in accordance with section thirty-three, article one of this chapter, section fifteen, article five of this chapter; and section six, article six of this chapter. Disclosure of any results before the voting has been closed and the precinct returns posted on the door of the polling place shall be a per se violation of the oath taken by the counting board. In all other counties, counting is to begin immediately after closing of the polls.
(b) The counties using punch card systems, the absentee ballots shall be processed as follows:
(1) On election day, the ballot boxes containing the absentee ballots shall be delivered to the central counting center and opened in the presence of the clerk of the county commission and two representatives of opposite political parties;
(2) The ballots shall be separated by precincts as stated on the sealed envelopes containing the ballots; and
(3) The absentee ballots shall be counted in accordance with section twenty-seven, article four-a of this chapter.
(c) In counties using optical scan systems, the absentee ballots shall be processed as follows:
(1) On election day, the ballot boxes containing the absentee ballots shall be delivered to the central counting center and opened in the presence of the clerk of the county commission and two representatives of opposite political parties; and
(2) The absentee ballots shall be counted in accordance with section twenty-seven, article four-a of this chapter.
(d) In counties using direct recording elections systems, the absentee ballots shall be counted in accordance with section twenty-seven, article four-a of this chapter.

(5) That the absent voter's ballot does not have the official seal of the clerk of the circuit court and all signatures of members of the board of ballot commissioners on it;

(10) That the person who voted an absent voter's ballot had died before election day; and

§3-3-11. Preparation, number and handling of absent voters' ballots.

§3-4-10. Ballot labels, instructions and other supplies; vacancy changes; procedure and requirements.

§3-4A-19. Conducting electronic voting system elections generally; duties of election officers; penalties.

§3-4A-24a. Voting by challenged voter where touch-screen electronic voting systems are used.

of a candidate and the vacancy occurs not later than eighty-four days before the general election, a nominee may be appointed by the executive committee and certified to the proper filing officer not later than seventy-eight days before the general election. A candidate may be determined ineligible if a written request is made by an individual with information to show a candidate's ineligibility to the state election commission no later than ninety-five days before the general election explaining grounds why a candidate is not eligible to be placed on the general election ballot or not eligible to hold the office, if elected. The state election commission shall review the reasons for the request. If the commission finds the circumstances warrant the disqualification of the candidate, the commission may authorize appointment by the executive committee to fill the vacancy. Upon receipt of the authorization a nominee may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election.

§3-6-9. Canvass of returns; declaration of results; recounts; record keeping.

§3-8-2. Accounts for receipts and expenditures in elections; requirements for reporting independent expenditures.

§3-8-4. Treasurers and financial agents; written designation requirements; "person" and "financial agent" defined.

§3-8-5. Detailed accounts and verified financial statements required.

report, subsequent to any previous report; and

(e)(1) Except as provided in subdivision (2) of this subsection, any person, association, organization, corporation or other legal entity who publishes, distributes or disseminates any scorecard, voter guide or other written analysis of a candidate's position or votes on specific issues within sixty days of an election is presumed to be engaging in such activity for the purpose of advocating or opposing the nomination, election or defeat of any candidate.
(2) The provisions of subdivision (1) of this subsection shall not apply to:
(A) The publication, distribution or dissemination of such materials in the form of a news release to broadcast or print media;
(B) Persons who engage in news or feature reporting activities and editorial comment as working members of the press, radio or television, and persons who publish, distribute or disseminate such news, features or editorial comment through a newspaper, book, regularly published periodical, radio station or television station;
(C) The members of a nonprofit corporation or other organization who have such membership in accordance with the provisions of the articles of incorporation, bylaws or other instruments creating its form of organization and who have bona fide rights and privileges in the organization such as the right to vote, to elect officers, directors and issues, to hold office or otherwise as ordinarily conferred on members of such organizations who publish, distribute or disseminate materials described in subdivision (1) of this subsection to other such members; or
(D) The employees of a church or synagogue which currently holds or is eligible to hold an exemption as a church issued by the internal revenue service under the provisions of §26 U.S.C. 501(c)(3) who publish, distribute or disseminate materials described in subdivision (1) of this subsection within the membership of the church or synagogue or upon the premises of any facility owned or controlled by the church or synagogue:

That the exemption from the presumption provided by this subparagraph shall not apply to such employees of a church when the church or synagogue otherwise advocates or opposes the nomination, election or defeat of any candidate, or the passage of any issue, thing or item to be voted upon.
(f) No scorecard, voter guide or other written analysis of a candidate's position or votes on specific issues shall be published, distributed or disseminated within sixty days of an election unless it shall state thereon the name of the person, association, organization, corporation or other legal entity authorizing its publication, distribution or dissemination.

§3-8-8. Corporation contributions forbidden; exceptions; penalties; promulgation of rules and regulations; additional powers of state election commission.

§3-8-12. Additional acts forbidden; circulation of written matter; newspaper advertising; solicitation of contributions; intimidation and coercion of employees; promise of employment or other benefits; limitations on contributions; public contractors; penalty.

§3-10-7. Vacancies in offices of county commissioner and clerk of

county commission.