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Committee Substitute House Bill 4587 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2016 regular session

Committee Substitute

for

House Bill 4587

By Delegate Moffatt and Miller

[Introduced February 17, 2016; Referred
to the Committee on Political Subdivisions then the Judiciary
]

 

A BILL to amend and reenact §3-9-19 of the Code of West Virginia, 1931, as amended, relating to violations associated with absent voters’ ballots; providing cleanup language by changing reference of circuit clerk to clerk of county commission; changing gender references and making other changes relating to the language in the misdemeanor provisions of this section.

Be it enacted by the Legislature of West Virginia:


That §3-9-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 9. OFFENSES AND PENALTIES.


§3-9-19. Violations concerning absent voters= ballots; penalties.

(a) Any person who, with the intent to commit fraud, obtains, removes, or disseminates an absent voters= ballot, intimidates an absent voter, or completes or alters an absent voters= ballot, is guilty of a felony and, upon conviction thereof, shall be fined not less than $10,000 nor more than $20,000, imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.

(b) Notwithstanding subsection (a) of this section, any person who, having procured an absent voter's official ballot or ballots, shall wilfully neglect or refuse to return the same as provided in article three of this chapter, or who shall otherwise wilfully violate any of the provisions of said article three of this chapter, shall be is guilty of a misdemeanor and, on conviction thereof, shall be fined not more than $250, or confined in the county jail for not more than three months. If the clerk of the circuit court county commission of any county, or any member of the board of ballot commissioners, or any member of the board of canvassers shall refuses or neglects to perform any of the duties required of him or her by any of the provisions of articles three, five and six of this chapter relating to voting by absentees or shall discloses to any other person or persons how any absent voter voted, he or she shall in each instance, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or confined in the county jail for not more than six months.


 

NOTE: The purpose of this bill is to provide cleanup language in statute dealing violations associated with absent voters’ ballots.  The bill changes the reference of circuit clerk to clerk of county commission, changes gender references and makes other changes relating to the language in the misdemeanor provisions of this section.

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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