H. B. 2369
(By Delegates Flanigan and Wright)
[Introduced January 25, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section thirty-seven, article one,
chapter three of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to permitting
children eight years of age and under to accompany a parent,
grandparent or legal guardian to the polls.
Be it enacted by the Legislature of West Virginia:
That section thirty-seven, article one, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-37. Restrictions on presence and conduct at polls.
(a) No person,
except other than the election officers and
voters
while going to the election room to vote and returning
therefrom, may be or remain within three hundred feet of the outside entrance to the building housing the polling place while
the polls are open.
but this section This subsection does not
apply to persons
living or carrying on who reside or conduct
business within that distance of the
election room entrance to
the building housing the polling place, while in the discharge of
their legitimate business, or to persons whose business requires
them to pass and repass within three hundred feet of such
entrance.
(b) A person who is delivering a voter to a polling place by
motor vehicle may drive such vehicle to a convenient and
accessible location to discharge the voter, notwithstanding that
the location is within three hundred feet of the outside entrance
to the building housing the polling place. Upon discharging such
voter from the vehicle, the person shall remove the vehicle from
within three hundred feet of the entrance until such time as the
voter is to be transported from the polling place or another
voter delivered:
Provided, That vehicles delivering voters who
require assistance by reason of blindness, disability or advanced
age may remain within three hundred feet of the entrance until
such time as the voter is to be transported from the polling
place.
(c) The election commissioners shall limit the number of
voters in the election room so as to preserve order. No person
may approach nearer than five feet to any booth or compartment while the election is being held, except the voters to prepare
their ballots, or the poll clerks when called on by a voter to
assist in the preparation of his
or her ballot, and no person,
other than election officers and voters engaged in receiving,
preparing and depositing their ballots, may be permitted to be
within five feet of any ballot box, except by authority of the
board of election commissioners, and then only for the purpose of
keeping order and enforcing the law.
(d) Not more than one person may be permitted to occupy any
booth or compartment at one time. No person may remain in or
occupy a booth or compartment longer than may be necessary to
prepare his
or her ballot, and in no event longer than five
minutes, except that any person who claims a disability pursuant
to section thirty-four of this article shall have additional time
up to ten additional minutes to prepare his
or her ballot. No
voter, or person offering to vote, may hold any conversation or
communication with any person other than the poll clerks or
commissioners of election, while in the election room.
(e) The provisions of this section do not apply to persons
rendering assistance to blind voters as provided in section
thirty-four of this article,
or to any child eight years of age
or younger who accompanies a parent, grandparent or legal
guardian who is voting.
NOTE: The purpose of this bill is to permit children eight
years of age or younger to accompany a parent, grandparent or
legal guardian to the polls.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.