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WEST VIRGINIA LEGISLATURE
2023 REGULAR SESSION
Introduced
House Bill 2866
By Delegates Holstein, Foster, Steele, Keaton, and Forsht
[Introduced January 20, 2023; Referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-1C-1, §3-1C-2, §3-1C-3, and §3-1C-4, all relating to providing the procedure for election observers during elections in the state; eligibility and qualifications of observers; and requiring the Secretary of State to promulgate rules.
Be it enacted by the Legislature of West Virginia:
The purpose of this article is to provide the procedure for election observers during any election and at any voting or ballot-reviewing and ballot-counting location within this state.
Political parties, candidates, and third-party organizations may have two observers at every stage of the election process in an effort to maintain the transparency that is necessary for fair and safe voting in West Virginia. Any individual who is a registered voter in West Virginia may serve as an observer in any election location in the state.
(a) Qualifications of Observers.
(1) A letter of appointment by the political party, third-party organization, or candidate may serve as the written credential necessary to conduct observation at a voting or ballot-reviewing and ballot-counting location.
(2) The observer shall present the letter of appointment to the appropriate election official upon entering the voting or ballot-reviewing and ballot-counting location and be prepared to show identification if requested.
(b) Observer Access and Identification:
(1) Badges: The appropriate election official shall furnish to each election observer a badge containing the words "Official Observer," the name of the observer, and the primary or election in which the observer may serve. The observer shall wear his or her badge at all times while he or she is serving as an observer at any voting or ballot-reviewing and ballot-counting location.
(2) Observation at a Voting Location: Subject to rules promulgated by the Secretary of State, observers may have complete access to all activities at each location, except for actual observation of the votes being cast by individuals so as to maintain confidentiality of individual votes. At a minimum, observers may be provided access to the following:
(A) Opening of election offices and voting locations;
(B) Closing of election offices and voting location;
(C) Transport of ballots from the voting location to a receiving site (using a separate vehicle); and
(D) Any other significant voting or processing activities at the voting location that does not interfere with or impede the election procedures or staff or compromise the secret nature of a voter’s ballot.
(3) Observation at a Ballot-Reviewing or Ballot-Counting Location: Subject to rules promulgated by the Secretary of State observers may be permitted to observe each point where ballots are handled or transferred from one election official to another including, but not limited to, areas where the following activities take place:
(A) Receiving the ballots at an election office;
(B) Verifying voter registration information and signatures and inspecting and reviewing the ballots;
(C) Duplicating defective or other ballots;
(D) Adjudicating ballots including provisional ballots;
(E) Receiving electronic media or processing voting results;
(F) Tabulation of ballots; and
(G) Any other significant tabulation or processing activities at an election office that does not interfere with or impede the election procedures or staff except that the observation of these activities may not be considered interference with or the impeding of election procedures.
(4) Recording Devices: Subject to rules promulgated by the Secretary of State observers may also be allowed to take handwritten notes and have recording devices of any kind at each polling and ballot-reviewing or ballot-counting location to record all actions occurring there, except for completion of ballots by individual voters.
(5) Cameras: Election officials may welcome observation, and cameras shall be stationed in all polling and ballot-reviewing and ballot-counting locations so that the public can watch elections and the canvassing and tabulation of ballots as these events are transpiring.
(6) Full Access: Election officials may not station observers so that they cannot fully observe in the same manner as election officials the voting process including such procedures as the opening of absentee ballots and the verification process. The failure of an election official to comply with this requirement may subject the official to sanctions, up to and including suspension and termination.
(7) Open to the Public: The testing of voting equipment shall be open to public observation. Post-election audits and recounts shall also be open to public observation.
The Secretary of State shall promulgate legislative rules in accordance with §29A-1-1 et seq. of this code as may be necessary to standardize and make effective the provisions of this article.
NOTE: The purpose of this bill is to establish a procedure for election observers during any election and at any voting or ballot-reviewing and ballot-counting location within this state.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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