Introduced Version House Bill 2443 History

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hb2443 intr
H. B.2443

(By Delegates Staton, Amores, Campbell,

Mahan and G. White)

[Introduced February 16, 2005; Referred to the committee on the Judiciary.]

A BILL to amend and reenact §3-2-5 of the code of West Virginia, 1931, as amended, all relating to the request for an applicant's e-mail address on application for voter registration.

Be it enacted by the Legislature of West Virginia:
That §3-2-5 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§3-2-5. Forms for application for registration; information required and requested; types of application forms; notices.

(a)(1) All state forms for application for voter registration shall be prescribed by the secretary of state and shall conform with the requirements of 42 U.S.C. §§1973gg, et seq., the "National Voter Registration Act of 1993" and the requirements of the provisions of this article. Separate application forms may be prescribed for voter registration conducted by the clerk of the county commission, registration by mail, registration in conjunction with an application for motor vehicle driver's license and registration at designated agencies. These forms may consist of one or more parts, may be combined with other forms for use in registration by designated agencies or in conjunction with driver licensing and may be revised and reissued as required by the secretary of state to provide for the efficient administration of voter registration.
(2) Notwithstanding any provisions of subdivision (1) of this subsection to the contrary, the federal postcard application for voter registration issued pursuant to 42 U.S.C. §§1973, et seq., the "Uniformed and Overseas Citizens Absentee Voting Act of 1986", and the mail voter registration application form prescribed by the Federal Election Commission pursuant to 42 U.S.C. §§1973gg, et seq., the "National Voter Registration Act of 1993", shall be accepted as a valid form of application for registration pursuant to the provisions of this article.
(b) Each application form for registration shall include:
(1) A statement specifying the eligibility requirements for registration and an attestation that the applicant meets each eligibility requirement;
(2) Any specific notice or notices required for a specific type or use of application by 42 U.S.C. §§1973gg, et seq., the "National Voter Registration Act of 1993";
(3) A notice that a voter may be permitted to vote the partisan primary election ballot of a political party only if the voter has designated that political party on the application for registration unless the political party has determined otherwise;
(4) The last four digits of the applicant's social security number or the applicant''s driver''s license number; and
(5) Any other instructions or information essential to complete the application process.
(c) Each application form shall require that the following be provided by the applicant, under oath, and any application which does not contain each of the following shall be considered incomplete:
(1) The applicant's legal name, including the first name, middle or maiden name, if any, and last name;
(2) The month, day and year of the applicant's birth;
(3) The applicant's residence address, including the number and street or route and city and county of residence except:
(A) In the case of a person eligible to register under the provisions of 42 U.S.C. §§1973ff, et seq., the "Uniformed and Overseas Citizens Absentee Voting Act", the address at which he or she last resided before leaving the United States or entering the uniformed services, or if a dependent child of such a person, the address at which his or her parent last resided; and
(B) In the case of a homeless person having no fixed residence address who nevertheless resides and remains regularly within the county, the address of a shelter, assistance center or family member with whom he or she has regular contact or other specific location approved by the clerk of the county commission for the purposes of establishing a voting residence; and
(4) The applicant's signature, under penalty of perjury, as provided in section thirty-six of this article to the attestation of eligibility to register to vote and to the truth of the information given.
(d) The applicant shall be requested, but not required, to provide the following information, but no application shall be rejected for lack of this information:
(1) An indication whether the application is for a new registration, change of address, change of name or change of party affiliation;
(2) The applicant's choice of political party affiliation, if any, or an indication of no affiliation: Provided, That any applicant who does not enter any choice of political party affiliation shall be listed as having no party affiliation on the voting record;
(3) The applicant's residence mailing address if different than the residence street address;
(4) The last four digits of the applicant''s social security number;
(5) The applicant''s telephone number;
(6) The address at which the applicant was last registered to vote, if any, for the purpose of canceling or transferring the previous registration; and
(7) The applicant's gender; and
(8) The applicant's e-mail address:

Provided, That no application shall be rejected for failure to provide this information.
(e) The secretary of state shall prescribe the printing specifications of each type of voter registration application and the voter registration application portion of any form which is part of a combined agency form.
(f) Application forms prescribed in this section may refer to various public officials by title or official position, but in no case may the actual name of any officeholder be printed on the voter registration application or on any portion of a combined application form.
(g) No later than the first day of July of each odd-numbered year the secretary of state shall submit the specifications of the voter registration application by mail for statewide bidding for a contract period beginning the first day of September of each odd-numbered year and continuing for two calendar years. The successful bidder shall produce and supply the required mail voter registration forms at the contract price to all purchasers of the form for the period of the contract.

Note: This bill provides that voter registration forms request, but not require, the applicant to provide his or her email address.

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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