Senate Bill No. 130
(By Senators Unger and Fitzsimmons)
[Introduced February 13, 2013; referred to the Committee on the
A BILL to amend and reenact §3-2-6 of the Code of West Virginia,
1931, as amended,
relating to lengthening the period for voter
registration; permitting registration during early voting at
the county clerk's office; permitting persons to register and
vote on the same day during the early voting period; and
prohibiting persons from changing party affiliation during the
early voting period preceding a primary election.
Be it enacted by the Legislature of West Virginia:
That §3-2-6 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-6. Time of registration application before an election.
(a) (1) Voter registration before an election
closes on the twenty-first day before the election or on the first day thereafter which is not a Saturday, Sunday or legal holiday.
(2) (A) Beginning January 1, 2014, and for each election held
thereafter, voter registration before an election closes at the end
of business hours at the close of early voting for that election.
____(B) Voter registration conducted during early voting will
occur only at the office of the clerk of the county commission.
____(C) During this period of voter registration, a person who is
already registered to vote in the county may update the information
in the registration record in accordance with section twenty-two of
this article and may also update an address if he or she has moved
from one county to a new county within the state.
____(D) A person who registers to vote pursuant to the provisions
of this subdivision and who is eligible to vote, may only vote at
an early-voting site during the early-voting period as provided in
section three, article three of this chapter.
____(E) During the period of voter registration during early
voting prior to a partisan primary, a person who is already
registered to vote may not change his or her party affiliation.
(b) An application for voter registration, transfer of
registration, change of name or change of political party
affiliation submitted by an eligible voter by the close of voter
shall be is effective for any subsequent primary,
general or special election if the following conditions are met:
(1) The application contains the information required by
subsection (c), section five of this article: Provided, That
incomplete applications for registration containing information
which are submitted within the required time may be corrected
within four business days after the close of registration if the
applicant provides the required information; and
(2) The application is received by the appropriate clerk of
the county commission no later than the hour of the close of
registration or is otherwise submitted by the following deadlines:
(A) If mailed, the application shall be addressed to the
appropriate clerk of the county commission and is postmarked by the
postal service no later than the date of the close of registration:
Provided, That if the postmark is missing or illegible, the
shall be is presumed to have been mailed no later than
the close of registration if it is received by the appropriate
clerk of the county commission no later than the third day
following the close of registration;
(B) If accepted by a designated agency or motor vehicle
licensing office, the application is received by that agency or
office no later than the close of registration;
(C) If accepted through a registration outreach program, the
application is received by the clerk, deputy clerk or registrar no
later than the close of registration; and
(3) The verification notice by the provisions of section
sixteen of this article mailed to the voter at the residence
indicated on the application is not returned as undeliverable.
NOTE: The purpose of this bill is to lengthen the period for
voter registration through the end of early voting. The bill
permits registration during early voting to occur only at the
county courthouse and permits persons to register and vote on the
same day during the early-voting period. The bill also prohibits
persons from changing party affiliation during the early-voting
period preceding a partisan primary election.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would