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Introduced Version House Bill 2260 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2260


(By Delegate Spencer)
[Introduced January 13, 2010; referred to the
Committee on Political Subdivisions then the Judiciary.]




A BILL to amend and reenact §3-3-7 of the Code of West Virginia, 1931, as amended, relating to authorizing governing bodies of municipalities and county commissions to transfer early in-person voting ballots to precincts in the manner absentee ballots are delivered.

Be it enacted by the Legislature of West Virginia:
That §3-3-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-7. Delivery of absentee or early voting in-person ballots to polling places.

(a) Except as otherwise provided in this article, in counties using paper ballots systems or voting machines, the absentee ballots of each precinct, together with the applications for the absentee ballots, the affidavits made in connection with assistance in voting and any forms, lists and records as may be designated by the Secretary of State, are to be delivered in a sealed carrier envelope to the election commissioner of the precinct at the time he or she picks up the official ballots and other election supplies as provided in section twenty-four, article one of this chapter.
(b) Absentee ballots received after the election commissioner has picked up the official ballots and other election supplies for the precinct are to be delivered to the election commissioner of the precinct who has been designated pursuant to section twenty-four, article one of this chapter, by the official designated to supervise and conduct absentee voting in person or by messenger before the closing of the polls, provided the ballots are received by the official in time to make the delivery. Any ballots received by the official after the time that delivery may reasonably be made but within the time required as provided in subsection (g), section five of this article are to be delivered to the board of canvassers along with the provisional ballots.
(c) The governing bodies of municipalities and county commissions may approve the transfer of early in-person ballots of each precinct together with lists and records as may be designated by the Secretary of State. If this option is made, these ballots shall be delivered in a sealed carrier envelope to the election commissioner of the precinct at the time that person picks up the official ballots and other election supplies as provided in section twenty-four, article one of this chapter.


NOTE: The purpose of this bill is to authorize governing bodies of municipalities and county commissions to transfer early in-person voting ballots to precincts in the manner absentee ballots are delivered, which is one day before the election.

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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