H. B. 3134
(By Delegates Fleischauer, Beach, Marshall,
Shook, Hunt, Frazier, Brown, Miley,
Longstreth, Lawrence and Manchin)
(Originating in the Committee on the Judiciary)
[March 27, 2009]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §3-3A-1, §3-3A-2, §3-
3A-3, §3-3A-4 and §3-3A-5, all relating to a vote by mail
pilot program; requiring the Secretary of State select five
municipalities for a pilot project; rules governing the
elections; authority to conduct voting; and termination of the
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §3-3A-1, §3-3A-2, §3-
3A-3, §3-3A-4 and §3-3A-5, all to read as follows:
ARTICLE 3A. VOTE BY MAIL PILOT PROGRAM.
§3-3A-1. Short title.
This article shall be known as the "West Virginia Vote By Mail
§3-3A-2. Vote by mail pilot program.
This article establishes a pilot project that will authorize
five municipalities in the state to conduct voting by mail. The
pilot project will permit registered and other qualified voters of the selected municipalities to vote a ballot by mail during the
pilot program period. The five municipalities selected for
participation may conduct both the primary and general elections
entirely by mail.
§3-3A-3. Secretary of State Rule-Making.
(a) The Secretary of State is hereby directed to propose
legislative rules in accordance with the provisions of article
three, chapter twenty-nine-a of this code as may be necessary to
implement the vote by mail pilot program. In addition to any other
provisions the Secretary believes are necessary to provide for the
effective, efficient and orderly administration of the vote by mail
pilot program, the rules proposed by the Secretary as required by
this section shall include:
(1) criteria for the selection of five municipalities to
participate in the vote by mail pilot program;
(2) procedures for conducting voting by mail;
(3) requirements and criteria for the designation of places of
deposit for the ballots cast in an election; and
(4) dates and times the places of deposit must be open and the
security requirements for the places of deposit. Places of deposit
shall be open on the date of the election for a period of eight or
more hours, but must be open until at least eight p.m., at a
(b) It is the duty of all officials designated to supervise
and conduct the vote by mail program, other municipal officials,
and all election commissioners and poll clerks to abide by the
Secretary of State's rules, orders and instructions and to use the
forms, lists and records prescribed by the Secretary of State.
§3-3A-4. Authority to conduct voting by mail
The voting by mail program is to be supervised and conducted
by the municipal recorder or other officer authorized by charter or
ordinance provisions to conduct voting for any election held
entirely within the municipality.
§3-3A-5. Termination of Pilot Project.
The provisions of this article shall terminate on January 1,
2014, unless sooner terminated, continued or reestablished.