(1) "Original voter registration record" means all records submitted or entered in writing for voter registration purposes, including:
(A) Any original application or notice submitted by any person for registration or reinstatement, change of address, change of name, change of party affiliation, correction of records, cancellation, confirmation of voter information or other request or notice for voter registration purposes; and
(B) Any original entry made on any voter's registration record at the polling place, or made or received by the clerk of the county commission relating to any voter's registration, such as records of voting, presentation of identification and proof of age, challenge of registration, notice of death or obituary notice, notice of disqualifying conviction or ruling of mental incompetence or other original document which may affect the status of any person's voter registration.
(2) "Active voter registration files" means the files of registration records, whether maintained on paper forms or in digitized data format, containing the names, addresses, birth dates and other required information for all persons within a county who are registered to vote and whose registration has not been designated as "inactive" or "canceled" pursuant to the provisions of this article.
(3) "Inactive voter registration files" means the files of registration records, whether maintained on paper forms or in digitized data format, containing the names, addresses, birth dates and other required information for all persons designated "inactive" pursuant to the provisions of section twenty-seven of this article following the return of the prescribed notices as undeliverable at the address entered on the voter registration. For the purposes of this chapter or of any other provisions of this code relating to elections conducted under the provisions of this chapter, whenever a requirement is based on the number of registered voters, including, but not limited to, the number of ballots to be printed, the limitations on the size of a precinct, or the number of petition signatures required for election purposes, only those registrations included on the active voter registration files shall be counted and voter registrations included on the inactive voter registration files, as defined in this subdivision, shall not be counted.
(4) "Canceled voter registration files" means the files containing all required information for all persons who have been removed from the active and inactive voter registration files and who are no longer registered to vote within the county.
(5) "Pending application files" means the temporary files containing all information submitted on a voter registration application, pending the expiration of the verification period.
(6) "Rejected application files" means the files containing all information submitted on a voter registration application which was rejected for reasons as described in this article.
(b) Active voter registration files and inactive voter registration files may be maintained in the same physical location or database, providing the records are coded, marked or arranged in such a way as to make the status of the registration immediately obvious. Canceled voter registration files, pending application files, and rejected application files shall each be maintained in separate physical locations or databases.
(c) The effective date of any action affecting any voter's registration status shall be entered on the voter record in the appropriate file, including the effective date of registration, change of name, address or party affiliation or correction of the record, effective date of transfer to inactive status, return to active status or cancellation. When any registration is designated inactive or is canceled, the reason for the designation or cancellation and any reference notation necessary to locate the original documentation related to the change shall be entered on the voter record.
(d) Within one hundred twenty days after each primary, general, municipal or special election, the clerk of the county commission shall, as evidenced by the presence or absence of signatures on the pollbooks for such election, correct any errors or omissions on the voter registration records resulting from the poll clerks erroneously checking or failing to check the registration records as required by the provisions of section thirty-four, article one of this chapter, or shall enter the voting records into the state uniform data system if the precinct books have been replaced with printed registration books as provided in section twenty-one of this article.
Note: WV Code updated with legislation passed through the 2012 1st Special Session