Introduced Version
House Bill 2902 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2902
(By Delegates Miley, Skinner, Ferro)
[Introduced March 12, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §3-1-5 and §3-1-29 of the Code of West
Virginia, 1931, as amended, all relating to establishing
voting precincts and changing the composition of standard
receiving boards; increasing the limit on the size of voting
precincts to three thousand registered voters in urban areas
and one thousand in rural areas; permitting precincts in urban
or rural areas to have fewer than the minimum numbers of
registered voters allowed; permitting an increase in the size
of standard receiving boards in enlarged precincts; providing
an option to have more poll workers and commissioners; and
permitting fewer poll workers in precincts during a municipal
election where there is no simultaneous state or county
election.
Be it enacted by the Legislature of West Virginia:
That §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-5. Voting precincts and places established; number of voters
in precincts; precinct map; municipal map.
(a) The precinct shall be is the basic territorial election
unit. The county commission shall divide each magisterial district
of the county into election precincts, shall number the precincts,
shall determine and establish the boundaries thereof and shall
designate one voting place in each precinct, which place shall be
established as nearly as possible at the point most convenient for
the voters of the precinct. Each magisterial district shall contain
at least one voting precinct and each precinct shall have but one
voting place therein.
Each precinct within any urban center shall contain not less
than three hundred nor more than one thousand five hundred
registered voters. Each precinct in a rural or less thickly
settled area shall contain not less than two hundred nor more than
seven hundred registered voters,. unless upon a written finding by
the county commission that establishment of or retention of a
precinct of less than two hundred voters would prevent undue
hardship to the voters, the Secretary of State determines that such
precinct be exempt from the two hundred voter minimum limit. Upon
a written finding by the county commission that establishment of or
retention of a precinct of less than the minimum numbers allowed in this subsection would prevent undue hardship to the voters, the
Secretary of State may determine that the precinct be exempt from
the minimum numbers allowed. If, at any time the number of
registered voters exceeds the maximum number specified, the county
commission shall rearrange the precincts within the political
division so that the new precincts each contain a number of
registered voters within the designated limits: Provided, That any
precincts with polling places that are within a one mile radius of
each other on or after July 1, 2013, may be consolidated, at the
discretion of the county clerk and county commission, into one or
more new precincts that contain not more than three thousand
registered voters in any urban center, nor more than one thousand
registered voters in a rural or less thickly settled area:
Provided, however, That no precincts shall be consolidated pursuant
to this section if the consolidation would create a geographical
barrier or path of travel between voters in a precinct and their
proposed new polling place that would create an undue hardship to
voters of any current precinct.
If a county commission fails to rearrange the precincts as
required, any qualified voter of the county may apply for a writ of
mandamus to compel the performance of this duty: Provided, That
when in the discretion of the county commission, there is only one
place convenient to vote within the precinct and when there are
more than seven hundred registered voters within the existing precinct, the county commission may designate two or more precincts
with the same geographic boundaries and which have voting places
located within the same building. The county commission shall
designate alphabetically the voters who will be are eligible to
vote in each precinct so created. Each such precinct shall be
operated separately and independently with separate voting booths,
ballot boxes, election commissioners and clerks, and whenever
possible, in separate rooms. No two of such the precincts may use
the same counting board.
(b) In order to facilitate the conduct of local and special
elections and the use of election registration records therein,
precinct boundaries shall be established to coincide with the
boundaries of any municipality of the county and with the wards or
other geographical districts of the municipality except in
instances where found by the county commission to be wholly
impracticable so to do. Governing bodies of all municipalities
shall provide accurate and current maps of their boundaries to the
clerk of any county commission of a county in which any portion of
the municipality is located.
(c) To facilitate the federal and state redistricting process,
precinct boundaries must shall be comprised of intersecting
geographic physical features or municipal boundaries recognized by
the U. S. Census Bureau. For purposes of this subsection,
geographic physical features include streets, roads, streams, creeks, rivers, railroad tracks and mountain ridge lines. The
county commission of every county must shall modify precinct
boundaries to follow geographic physical features or municipal
boundaries and submit changes to the West Virginia Office of
Legislative Services Division of the Joint Committee on Government
and Finance by June 30, 2007, and by June 30, every ten calendar
years thereafter. The county commission must shall also submit
precinct boundary details to the U.S. Census Bureau upon request.
The West Virginia Office of Legislative Services Division of
the Joint Committee on Government and Finance shall be available
for consultation with the county commission regarding the precinct
modification process: Provided, That nothing in this subsection
removes or limits the ultimate responsibility of the county
commission to modify precinct boundaries to follow geographic
physical features.
(d) The provisions of this section are subject to the
provisions of section twenty-eight, article four of this chapter
relating to the number of voters in precincts in which voting
machines are used.
(e)(d) The county commission shall keep available at all times
during business hours in the courthouse at a place convenient for
public inspection a map or maps of the county and municipalities
with the current boundaries of all precincts.
§3-1-29. Boards of election officials; definitions, composition of boards, determination of number and type.
(a) For the purpose of this article:
(1) The term "standard receiving board" means those election
officials charged with conducting the process of voting within a
precinct and consists of no less than five persons, to be comprised
as follows: including one team of poll clerks, one team of Election
Commissioners for the ballot box and one additional Election
Commissioner: Provided, That if a municipal election is held at a
time when there is no county or state election, the standard
receiving board is to consist of four persons, including one team
of poll clerks and one team of Election Commissioners for the
ballot box;
(2) The term "expanded receiving board" means a standard
receiving board as defined in subdivision (1) of this subsection
and one additional team of poll clerks;
(A) Each precinct shall have at least one team of poll clerks,
one team of election commissioners for the ballot box and one
additional election commissioner.
_____(B) At the discretion of the county clerk and the county
commission, any county may add additional teams of poll clerks and
commissioners to any precinct, as necessary to fairly and
efficiently conduct an election;
_____(2) If a municipal election is held at a time when there is no
county or state election, then the standard receiving board may, at the discretion of the official charged with the administration of
election, consist of as few as four persons, including one team of
poll clerks and one team of election commissioners for the ballot
box;
(3) The term "counting board" means those election officials
charged with counting the ballots at the precinct in counties using
paper ballots and includes one team of poll clerks, one team of
election commissioners and one additional commissioner;
(4) The term "team of poll clerks" or "team of election
commissioners" means two persons appointed by opposite political
parties to perform the specific functions of the office: Provided,
That no team of poll clerks or team of election commissioners may
consist of two persons with the same registered political party
affiliation or two persons registered with no political party
affiliation; and
(5) The term "election official trainee" means an individual
who is sixteen or seventeen years of age who meets the requirements
of subdivisions (2), (3), (4), (5) and (6), subsection (a), section
twenty-eight of this article.
(b) The composition of boards of election officials shall be
as follows:
(1) In any primary, general or special election other than a
presidential primary or presidential general election, each
election precinct is to have one standard receiving board;
(2) In presidential primary and presidential general
elections, each election precinct is to have one receiving board as
follows:
(A) For precincts of less than five hundred registered voters,
one standard receiving board; and
(B) For precincts of more than five hundred registered voters,
one standard receiving board or, at the discretion of the county
commission, one expanded receiving board.
(3) In any election conducted using paper ballots, counting
boards may be allowed or required as follows:
(A) For any state, county or municipal special election, a
counting board may be allowed at the discretion of the county
commission;
(B) In a statewide primary or general election, one counting
board is required for any precinct of more than four hundred
registered voters and one counting board may be allowed, at the
discretion of the county commission, for any precinct of at least
two hundred but no more than four hundred registered voters; and
(C) In a municipal primary or general election, one counting
board may be allowed, at the discretion of the municipal governing
body, for any precinct of more than two hundred registered voters.
(c) (b) For each primary and general election in the county,
the county commission shall designate the number and type of
election boards for the various precincts according to the provisions of this section. At least eighty-four days before each
primary and general election the county commission shall notify the
county executive committees of the two major political parties in
writing of the number of nominations which may be made for poll
clerks and election commissioners.
(d) (c) For each municipal election, the governing body of the
municipality shall perform the duties of the county commission as
provided in this section.
NOTE: The purpose of this bill is to increase the limit on
the size of urban voting precincts to three thousand registered
voters and to increase the size of standard receiving boards in
enlarged precincts.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.