H. B. 2464
(By Delegates Spencer, Hatfield, Guthrie,
M. Poling and Morgan)
[Introduced February 16, 2009; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §3-3-1 of the Code of West Virginia,
1931, as amended, relating to early voting and authorizing
county commissions to designate voting locations other than
the county courthouse or annex of the courthouse.
Be it enacted by the Legislature of West Virginia:
That §3-3-1 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-1. Persons eligible to vote absentee ballots.
(a) All registered and other qualified voters of the county
may vote an absentee ballot during the period of early voting in
person.
(b) Registered voters and other qualified voters in the county
are authorized to vote an absentee ballot by mail in the following
circumstances:
(1) Any voter who is confined to a specific location and
prevented from voting in person throughout the period of voting in
person because of:
(A) Illness, injury or other medical reason;
(B) Physical disability or immobility due to extreme advanced
age; or
(C) Incarceration or home detention:
Provided, That the
underlying conviction is not for a crime which is a felony or a
violation of section twelve, thirteen or sixteen, article nine of
this chapter involving bribery in an election;
(2) Any voter who is absent from the county throughout the
period and available hours for voting in person because of:
(A) Personal or business travel;
(B) Attendance at a college, university or other place of
education or training; or
(C) Employment which because of hours worked and distance from
the county seat make voting in person impossible;
(3) Any voter absent from the county throughout the period and
available hours for voting in person and who is an absent uniformed
services voter or overseas voter, as defined by 42 U.S.C. §1973,
et
seq., the Uniformed and Overseas Citizens Absentee Voting Act of
1986, including members of the uniformed services on active duty,
members of the merchant marine, spouses and dependents of those
members on active duty and persons who reside outside the United States and are qualified to vote in the last place in which the
person was domiciled before leaving the United States;
(4) Any voter who is required to dwell temporarily outside the
county and is absent from the county throughout the time for voting
in person because of:
(A) Serving as an elected or appointed federal or state
officer; or
(B) Serving in any other documented employment assignment of
specific duration of four years or less; and
(5) Any voter for whom the designated area for absentee voting
within the county courthouse or annex of the courthouse and the
voter's assigned polling place are inaccessible because of his or
her physical disability.
(c) Registered voters and other qualified voters in the county
may, in the following circumstances, vote an emergency absentee
ballot, subject to the availability of the services as provided in
this article:
(1) Any voter who is confined or expects to be confined in a
hospital or other duly licensed health care facility within the
county of residence or other authorized area, as provided in this
article, on the day of the election;
(2) Any voter who resides in a nursing home within the county
of residence and would be otherwise unable to vote in person,
providing the county commission has authorized the services if the voter has resided in the nursing home for a period of less than
thirty days; and
(3) Any voter who is working as a replacement poll worker and
is assigned to a precinct out of his or her voting district, if the
assignment was made after the period for voting an absentee ballot
in person has expired.
(d) The county commission may designate locations within the
county for early voting, other than the county courthouse or annex
of the courthouse.
NOTE: The purpose of this bill is to authorize county
commissions to designate locations for early voting other than the
county courthouse or annex of the courthouse.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.