Introduced Version
House Bill 2863 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2863
(By Delegates Miley, Manchin, Ferro,
Moore and Manypenny)
(By Request of the Secretary of State)
[Introduced March 7, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §3-2-30 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §59-1-2b, all relating to the
preparation and sale of voter registration lists; exempting
certain voter data from being provided; permitting voter lists
be obtained for noncommercial purposes at a cost of the actual
costs of producing the list; setting forth the fees to be
charged for the sale of voter registration lists; setting
forth the types of lists and services that are available;
requiring the net proceeds from the voter registration list
sales be deposited in the State Election Fund; and clarifying
that the Secretary of State may share voter information with
those authorized to receive the information.
Be it enacted by the Legislature of West Virginia:
That §3-2-30 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §59-1-2b, all to read as follows:
CHAPTER 3. ELECTIONS.
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-30. Public inspection of voter registration records in the
office of the clerk of the county commission; providing
voter lists for noncommercial use; prohibition against
resale of voter lists for commercial use or profit.
(a) Any person may examine the active, inactive, rejected and
canceled voter registration records during office hours of the
clerk of the county commission in accordance with the provisions of
chapter twenty-nine-b of this code. as follows:
(1) When the active and inactive files are maintained on
precinct registration books, any person may examine the files under
the supervision of the clerk and obtain copies of records except
when a precinct book is in temporary use for updating and preparing
lists or during the time the books are sealed for use in an
election. Other original voter registration records, including
canceled voter records, pending applications, rejected
applications, records of change requests, reinstatements and other
documents, shall be available for inspection upon specific request;
and
(2) When the active, Active, inactive, rejected and canceled voter files are to be maintained in electronic data format. any Any
person may examine voter record information in printed form or in
a read-only data format on a computer terminal set aside for public
use, if available. The data files available for examination and
copying shall include all registration and voting information
maintained in the file, but may not include the registrant's
telephone number, email address, social security number or driver's
license number or nonoperator's identification number issued by the
Division of Motor Vehicles.
(b) Printed lists of registered voters may be purchased for
noncommercial use from the clerk of the county commission at a cost
of 1¢ per name.
(c) In counties maintaining active and inactive files in
digitized data format, the (b) The clerk of the county commission
shall, upon request, prepare provide printed copies of the lists of
voters for each precinct. No list prepared under this section may
include the registrant's telephone number, email address, social
security number or driver's license number or nonoperator's
identification number issued by the Division of Motor Vehicles.
The clerk shall establish a written policy, posted within public
view, listing the options for selection and sorting criteria and
available data elements. The data elements shall include, at
least:
(1) The name, residence address, political party affiliation and status of the registrant;
(2) The available formats of the lists; and
(3) The times at which lists will be prepared. A copy of the
county policy shall be filed with the Secretary of State no later
than January 1, of each even-numbered year.
(d) In counties which maintain voter files in a digitized data
format, lists (c) Lists of registered voters may be obtained for
noncommercial purposes in data format on disk or as a printed list
provided and prepared by the clerk of the county commission at a
cost of 1¢ per name plus $10 for each disk required. not to exceed
the actual cost of producing the list which includes the actual
cost of any medium on which the lists are produced or distributed
including, but not limited to, paper, adhesive labels, discs or
other electronic media storage devices. No data file prepared
under this subsection may include the registrant's telephone
number, email address, social security number or driver's license
number or nonoperator's identification number issued by the
Division of Motor Vehicles.
(e) (d) The fees received by the clerk of the county
commission shall be kept in a separate fund under the supervision
of the clerk for the purpose of defraying the cost of the
preparation of the voter lists. Any unexpended balance in the fund
shall be transferred to the General Fund of the county commission.
(f) (e) The Secretary of State may make voter lists available for sale subject to the limitations as provided in this section for
counties. The cost for a partial list shall be one and one-half
cents per name plus $10 for each disk required; the cost for a
complete statewide list shall be one-half cent per name and a flat
fee of $1,000. One cent per name for each voter from a particular
county on each partial list and one-half cent per name for each
voter from a particular county on each statewide list sold shall be
reimbursed to the appropriate county. costs shall be as prescribed
in section two-b, article one, chapter fifty-nine of this code. The
disk fee and one-half cent per name fees associated with purchase
of a partial list and the flat fee of $1,000 or associated with a
complete statewide list shall be deposited to a special revenue
account for purpose of defraying the cost of preparing the lists in
the State Election Fund as set forth in subsection (b), section
forty-eight, article one of this chapter.
_____(g) An update to a previously purchased list may be provided
by the Secretary of State or the clerk of the county commission at
a prorated cost based on the amount of additional information
provided. The additional rates charged by the clerk of the county
commission shall be specified in the policy established pursuant to
subsection (c) of this section.
(h) (f) No voter registration lists or data files containing
voter names, addresses or other information derived from voter data
files obtained pursuant to the provisions of this article may be used for commercial or charitable solicitations or advertising,
sold or reproduced for resale.
(g) This section may not be interpreted to prevent the
Secretary of State from sharing data files containing voter
information with authorized service providers or sharing data
across state lines with any state or local election official for
the purpose of voter registration and election administration in
accordance with this chapter or applicable federal law.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;
NEWSPAPERS; LEGAL ADVERTISEMENTS.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-2b. Purchase of voter registration lists and election data;
_fees.
_(a) Except as may be otherwise provided in this code, the
Secretary of State shall charge the following fees for data
originating in the statewide voter registration system to be paid
by the person for whom the service is rendered at the time it is
performed:
_(1) Election Cycle Subscription Service_____..............$6,000
_(A) Election Cycle Subscription Service provides:
_(i) Statewide Registered Voter List updated monthly;
_(ii) Master Voter History List Export following certification
of the primary, general and odd-year elections;
_(iii) Statewide All Mail-in Request List for the primary,
general and odd-year elections;
_(iv) First file sixty days prior to election day. Updated
files daily starting thirty days prior to election day through
election day;
_(v) Statewide Public Received Mail-in List for the primary,
general and odd-year elections;
_(vi) Updated files daily starting thirty days prior to
election day through ten days following election day;
_(vii) Statewide Early Voters List for the primary, general and
odd-year elections; and
_(viii) Updated files daily starting on the first day of early
voting through election day.
_(2) Statewide Voter Registration List ..................$500
_(3) Master Voter History List Export ...................$500
_(4) Statewide Early Voters List ........................$200
_(5) Statewide Absentee Requests List ...................$200
_(6) Statewide Absentee Received List ...................$200
_(7) Partial Voter Registration List ......Current hourly rate
_(8) Voter History List ...................Current hourly rate
_(9) Complex Research Query ..............Current hourly rate
_(10) The "current hourly rate" is to be determined by the
Secretary of State and shall be communicated to the purchaser
before any list is provided.
_(b) Net proceeds from the sale of data originating in the
statewide voter registration system, along with any interest on
such funds, shall be deposited into the State Election Fund as set
forth in subsection (b), section forty-eight, article one, chapter
three of this code.
NOTE: The purpose of this bill concerns the preparation and
sale of voter registration lists. The bill exempts certain voter
data from being provided. The bill permits voter lists be obtained
for noncommercial purposes at a cost of the actual costs of
producing the list. The bill sets forth the fees to be charged for
the sale of voter registration lists. The bill sets forth the types
of lists and services that are available. The bill requires the net
proceeds from the sales of voter registration lists be deposited in
the State Election Fund. The bill clarifies that the Secretary of
State may share voter information with those authorized to receive
the information.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§59-1-2b is new; therefore, it has been completely
underscored.
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