FLOOR BOOK MEMORANDUM            House Committee on the Judiciary

            Comm. Sub. For H.B. 2157                                                 

Prepared by: Mark Adkins

            (2/13/2015)                                                     Phone: 304-340-3133

                                                                                    email: mark.adkins@wvhouse.gov

______________________________________________________________________________

SPONSORS: Delegate Lane

TITLE: Relating to absentee ballot fraud.

DATE INTRODUCED: January 20, 2015; referred to the Committee on the Judiciary

CODE SECTION AFFECTED: W.Va. Code §3-9-19

IDENTICAL/SIMILAR BILLS: None.

CHAIRMAN’S SUMMARY: The committee substitute of this bill amends W.Va. Code §3-9-14 to include a subsection stating that absentee ballot fraud or intimidation is a felony criminal charge and, if the person is convicted, he or she shall be fined $10,000 - $20,000, imprisoned for one to five years, or fined and imprisoned.

FULL ANALYSIS:

I. SUBSTANTIVE ANALYSIS:

            A. EXISTING LAW:

W.Va. Code §3-9-19 states that any person who, having procured an absent voter’s ballot and violates W.Va. Code §3-3-1 et seq. relating to absentee ballots, shall be guilty of a misdemeanor and, upon conviction, be fined no more than $250 or jailed for no more than three months.

This section also states that if the clerk of the circuit court, clerk of the county, or election officials refuse or neglect to perform any duties under W.Va. Code §3-3-1 et seq., §3-5-1 et seq. and §3-6-1 et seq. relating to absent voters’ ballots, these election officials shall be guilty of a misdemeanor and, upon conviction, be fined no more than $500 or jailed for no more than six months.

            B. THE COMMITTEE SUBSTITUTE:

The committee substitute amends W.Va. Code §3-9-19 to add the following two subsections:

Subsection (a) states that if a person, with the intent to commit fraud, is guilty of a felony if he or she commits any of the following:

            ►          obtains, removes, or disseminates an absent voters’ ballot;

            ►          intimidates an absent voter; or

            ►          completes or alters an absent voters’ ballot.

If a person is convicted of a violation under subsection (a), he or she shall be fined $10,000 - $20,000, imprisoned for one to five years, or fined and imprisoned.

            The current code provision will become subsection (b). 

Subsection (c) states that each ballot in violation of this section will be treated as a separate offense.

            C. COMMITTEE AMENDMENTS TO THE COMM. SUB.:

            The committee substitute was amended to remove subsection (c) which states that each ballot in violation of this section will be treated as a separate offense.

II. SECTION DIRECTORY: §3-9-19 - Violations concerning absent voters’ ballots; penalties.

III. FISCAL ANALYSIS: There is not a Fiscal Note because no fiscal impact has been identified.

IV. COMMENTS

            A. CONSTITUTIONAL ISSUES: None identified

            B. GOVERNMENT AGENCIES AFFECTED: No agencies affected.

            C. RULE MAKING AUTHORITY: None.

            D. COMMITTEE REFERENCE: None.

            E. TITLE ANALYSIS: This bill’s title appears to be within Constitutional parameters.

            F. DRAFTING ISSUES OR OTHER COMMENTS: None.

            G. EFFECTIVE DATE: 90 days from passage.