
H. B. 2963


 (By Delegates Cann, Coleman,
(By Delegates Cann, Coleman,


 Angotti, Kominar and Stemple)
 Angotti, Kominar and Stemple)


 [Introduced February 26, 1999; referred to the
[Introduced February 26, 1999; referred to the


 Committee on the Judiciary.]
Committee on the Judiciary.]
A BILL to amend and reenact section five-b, article three,
 chapter three  of the code of West Virginia, one thousand
 nine hundred thirty-one, as amended, relating to extending 
 the right to use the federal write-in ballot to state voters
 residing outside the country and to members of the armed
 forces and their families.
Be it enacted by the Legislature of West Virginia:
 That section five-b, article three, chapter three of the
 code of West Virginia, one thousand nine hundred thirty-one, as
 amended, be amended and reenacted to read as follows:
That section five-b, article three, 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 3. VOTING BY ABSENTEES.
§3-3-5b.  Procedures for voting a special write-in absentee   ballot by qualified persons.
ballot by qualified persons.
 (a) Notwithstanding any other provisions of this chapter, a
 person qualified to vote an absentee ballot in accordance with
 subdivision (3), subsection (d), section one of this article may apply not earlier than the first day of January of an election
 year for a special write-in absentee ballot for a primary or
 general election, in conjunction with the application for a
 regular absentee ballot or ballots.  If the application is
 received after the forty-ninth day preceding the election, the
 clerk of the circuit court shall honor only the application for
 the regular ballot.  The special write-in ballot shall be for
 presidential preference or nomination of members of Congress in
 a primary election and for the election of presidential electors,
 United States senator and representative in Congress in a general
 election.  If the voter is residing outside the United States or
 a member of the United States armed forces or a family member of
 a member of the armed forces, he or she may use the federal
 write-in absentee ballot in general, special and primary
 elections for local, state and federal offices.
(a) Notwithstanding any other provisions of this chapter, a
 person qualified to vote an absentee ballot in accordance with
 subdivision (3), subsection (d), section one of this article may apply not earlier than the first day of January of an election
 year for a special write-in absentee ballot for a primary or
 general election, in conjunction with the application for a
 regular absentee ballot or ballots.  If the application is
 received after the forty-ninth day preceding the election, the
 clerk of the circuit court shall honor only the application for
 the regular ballot.  The special write-in ballot shall be for
 presidential preference or nomination of members of Congress in
 a primary election and for the election of presidential electors,
 United States senator and representative in Congress in a general
 election.  If the voter is residing outside the United States or
 a member of the United States armed forces or a family member of
 a member of the armed forces, he or she may use the federal
 write-in absentee ballot in general, special and primary
 elections for local, state and federal offices.
 (b) The application for a special write-in absentee ballot
 may be made on the federal postcard application form.
(b) The application for a special write-in absentee ballot
 may be made on the federal postcard application form.
 (c) In order to qualify for a special write-in absentee
 ballot, the voter must state that he or she is unable to vote by
 regular absentee ballot or in person due to requirements of
 military service or due to living in isolated areas or extremely
 remote areas of the world.  This statement may be made on the
 federal postcard application or on a form prepared by the
 secretary of state and supplied and returned with the special write-in absentee ballot.
(c) In order to qualify for a special write-in absentee
 ballot, the voter must state that he or she is unable to vote by
 regular absentee ballot or in person due to requirements of
 military service or due to living in isolated areas or extremely
 remote areas of the world.  This statement may be made on the
 federal postcard application or on a form prepared by the
 secretary of state and supplied and returned with the special write-in absentee ballot.
 (d) Upon receipt of said application within the time
 required, the clerk shall issue the special write-in absentee
 ballot which shall be the same ballot issued under the provisions
 of the Uniformed and Overseas Citizens Absentee Voting Act of
 1986 (Public Law 99-410, 42 U.S.C. 1973, et seq.).  Such ballot
 shall permit the elector to vote in a primary election by
 indicating his or her political party affiliation and the names
 of the specific candidates for each office, and in a general
 election by writing in a party preference for each office, the
 names of specific candidates for each office, or the name of the
 person whom the voter prefers for each office.
(d) Upon receipt of said application within the time
 required, the clerk shall issue the special write-in absentee
 ballot which shall be the same ballot issued under the provisions
 of the Uniformed and Overseas Citizens Absentee Voting Act of
 1986 (Public Law 99-410, 42 U.S.C. 1973, et seq.).  Such ballot
 shall permit the elector to vote in a primary election by
 indicating his or her political party affiliation and the names
 of the specific candidates for each office, and in a general
 election by writing in a party preference for each office, the
 names of specific candidates for each office, or the name of the
 person whom the voter prefers for each office.
 (e) When a special federal write-in ballot is received by
 the clerk from a voter:  (1) Who mailed the write-in ballot from
 any location within the United States; (2) who did not apply for
 a regular absentee ballot; (3) who did not apply for a regular
 absentee ballot by mail; or (4) whose application for a regular
 absentee ballot by mail was received less than thirty days before
 the election, the write-in ballot shall not be counted.
(e) When a special federal write-in ballot is received by
 the clerk from a voter:  (1) Who mailed the write-in ballot from
 any location within the United States; (2) who did not apply for
 a regular absentee ballot; (3) who did not apply for a regular
 absentee ballot by mail; or (4) whose application for a regular
 absentee ballot by mail was received less than thirty days before
 the election, the write-in ballot shall not be counted.
 (f) Any write-in absentee ballot must be received by the
 clerk prior to the close of the polls on election day or it may
 not be counted.
(f) Any write-in absentee ballot must be received by the
 clerk prior to the close of the polls on election day or it may
 not be counted.
 NOTE:  The purpose of this bill is to allow state voters
 living outside the country, members of the armed forces and
 members of the family of persons in the armed forces to use the
 federal write-in ballot when voting.
NOTE:  The purpose of this bill is to allow state voters
 living outside the country, members of the armed forces and
 members of the family of persons in the armed forces to use the
 federal write-in ballot when voting.
 Strike-throughs indicate language that would be stricken
 from the present law, and underscoring indicates new language
 which would be added.
Strike-throughs indicate language that would be stricken
 from the present law, and underscoring indicates new language
 which would be added.