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Introduced Version Senate Bill 339 History

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SB339 intr
Senate Bill No. 339

(By Senators Williams and White)

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[Introduced January 22, 2010; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §3-2-4a of the Code of West Virginia, 1931, as amended, relating to statewide voter registration list maintenance; and making a technical correction to that statute.

Be it enacted by the Legislature of West Virginia:
That §3-2-4a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-4a. Statewide voter registration list.
(a) The Secretary of State shall implement and maintain a single, official, statewide, centralized, interactive computerized voter registration list of every legally registered voter in the state, which shall include the following:
(1) The computerized list shall serve as the single system for storing and managing the official list of registered voters throughout the state.
(2) The computerized list shall contain the name, registration information and voter history of every legally registered voter in the state.
(3) Under the computerized list, the Secretary of State shall assign a unique identifier to each legally registered voter in the state.
(4) The computerized list shall be coordinated with other agency databases within the state.
(5) The Secretary of State and any clerk of the county commission may obtain immediate electronic access to the information contained in the computerized list.
(6) The clerk of the county commission shall electronically enter voter registration information into the computerized list on an expedited basis at the time the information is provided to the clerk.
(7) The Secretary of State shall provide necessary support to enable every clerk of the county commission in the state to enter information as described in subdivision (6) of this subsection.
(8) The computerized list shall serve as the official voter registration list for conducting all elections in the state.
(b) The Secretary of State or any clerk of a county commission shall perform maintenance with respect to the computerized list on a regular basis as follows:
(1) If an individual is to be removed from the computerized list, he or she shall be removed in accordance with the provisions of 42 U.S.C. §1973gg, et seq., the National Voter Registration Act of 1993.
(2) The Secretary of State shall coordinate the computerized list with state agency records and remove the names of individuals who are not qualified to vote because of felony status or death: Provided, That no state agency may withhold information regarding a voter's status as deceased or as a felon unless ordered by a court of law.
(c) The list maintenance performed under subsection (b) of this section shall be conducted in a manner that ensures that: (1) The name of each registered voter appears in the computerized list;
(2) Only voters who are not registered or who are not eligible to vote are removed from the computerized list; and
(3) Duplicate names are eliminated from the computerized list.
(d) The Secretary of State and the clerks of all county commissions shall provide adequate technological security measures to prevent the unauthorized access to the computerized list established under this section.
(e) The Secretary of State shall ensure that voter registration records in the state are accurate and updated regularly, including the following:
(1) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters. Under the system, consistent with 42 U.S.C. §1973gg, et seq., registrants who have not responded to a notice sent pursuant to section twenty-four, article three twenty six, article two of this chapter and who have not voted in two consecutive general elections for federal office shall be removed from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote; and
(2) Safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters.
(f) Applications for voter registration may only be accepted when the following information is provided:
(1) Except as provided in subdivision (2) of this subsection and notwithstanding any other provision of law to the contrary, an application for voter registration may not be accepted or processed unless the application includes:
(A) In the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number;
(B) In the case of an applicant who has been issued an identification card by the Division of Motor Vehicles, the applicant's identification number; or
(C) In the case of any other applicant, the last four digits of the applicant's social security number; and
(2) If an applicant for voter registration has not been issued a current and valid driver's license, Division of Motor Vehicles' identification card or a social security number, the Secretary of State shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. To the extent that the state has a computerized list in effect under this section and the list assigns unique identifying numbers to registrants, the number assigned under this section shall be the unique identifying number assigned under the list.
(g) The Secretary of State and the Commissioner of the Division of Motor Vehicles shall enter into an agreement to match and transfer applicable information in the database of the statewide voter registration system with information in the database of the Division of Motor Vehicles to the extent required to enable each official to verify the accuracy of the information provided on applications for voter registration.
(h) The Commissioner of the Division of Motor Vehicles shall enter into an agreement with the Commissioner of Social Security under 42 U.S.C. §301, et seq., the Social Security Act. All fees associated with this agreement shall be paid for from moneys in the fund created under section twelve, article two of this chapter.


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(NOTE: The purpose of this bill is to correct an invalid code section reference.

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