COMMITTEE SUBSTITUTE
FOR
H. B. 2464
(By Delegates Spencer, Hatfield, Guthrie,
M. Poling and Morgan)
(Originating in the Committee on the Judiciary)
[March 24, 2009]
A BILL to amend and reenact §3-3-2a of the Code of West Virginia,
1931, as amended, relating to early voting and authorizing
county commissions to designate voting locations other than
the county courthouse or annex of the courthouse; requiring
the Secretary of State to propose legislative and emergency
rules.
Be it enacted by the Legislature of West Virginia:
That §3-3-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-2a. Early voting areas; prohibition against display of
campaign material.
(a)
Early voting shall take place at the county courthouse,
the annex to the courthouse, or any other location designated by
the county commission as provided in subsection (b).
(b) A county clerk may request that the county commission
designate additional locations within the county for early in person voting, other than the county courthouse or courthouse
annex. Upon the request of the county clerk, the county commission
may designate additional locations within the county for early in-
person voting, other than the county courthouse or courthouse
annex, in accordance with criteria prescribed by the Secretary of
State. The Secretary of State is hereby directed to propose
legislative and emergency rules in accordance with the provisions
of article three, chapter twenty-nine-a of this code as may be
necessary to implement the provisions of this section, including
the establishment of criteria for the selection of additional
locations for early in-person voting within a county other than the
county courthouse or courthouse annex.
(c) Throughout the period of early in-person voting, 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, any annex of the courthouse or any
other designated as early in-person voting locations within the
county, as a portion of the official's office, for the purpose of
absentee in-person 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 in-person voting
within the office.
Any designated area is subject to the same requirements as
the regular absentee voting area.
(4) The official designated to supervise and conduct absentee
voting shall have at least two representatives to assist with
absentee voting: Provided, That the two representatives shall may
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.
(5) 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, or any other designated early voting
locations within the county, 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.