Enrolled Version - Final Version
House Bill 3002 History
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ENROLLED
H. B. 3002
(By Delegates Amores and Trump)
[Passed April 9, 2005; in effect ninety days from passage]
AN ACT
to amend and reenact §3-2-6 and §3-2-31 of the Code of West
Virginia, 1931, as amended, all relating to registration of
voters generally; providing that a voter may register up to
the twenty-first day before an election; and conforming the
requirement that a voter designate a political party before
the primary no later than the close of voter registration
before the primary.
Be it enacted by the Legislature of West Virginia:
That §3-2-6 and §3-2-31 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. REGISTRATION OF VOTERS.
§3-2-6. Time of registration application before an election.
(a) Voter registration before an election shall close on the
twenty-first day before the election, or on the first day
thereafter which is not a Saturday, Sunday or legal holiday.
(b) An application for voter registration, transfer of registration, change of name or change of political party
affiliation submitted by an eligible voter by the close of voter
registration shall be effective for any subsequent primary, general
or special election if the following conditions are met:
(1) The application contains the required information as set
forth in subsection (c), section five of this article: Provided,
That incomplete applications for registration containing
information which are submitted within the required time may be
corrected within four days after the close of registration if the
applicant provides the required information; and
(2) The application is received by the appropriate clerk of
the county commission no later than the hour of the close of
registration or is otherwise submitted by the following deadlines:
(A) If mailed, the application shall be addressed to the
appropriate clerk of the county commission and postmarked by the
postal service no later than the date of the close of registration:
Provided, That if the postmark is missing or illegible, the
application shall be presumed to have been mailed no later than the
close of registration if it is received by the appropriate clerk of
the county commission no later than the third day following the
close of registration;
(B) If accepted by a designated agency or motor vehicle
licensing office, the application shall be received by that agency
or office no later than the close of registration;
(C) If accepted through a registration outreach program, the
application shall be received by the clerk, deputy clerk or registrar no later than the close of registration; and
(3) The verification notice required by the provisions of
section sixteen of this article mailed to the voter at the
residence indicated on the application is not returned as
undeliverable.
§3-2-31. Rules pertaining to voting after registration or change
of address within the county.
(a) A voter who designates a political affiliation with a
major party on a registration application filed no later than the
close of voter registration before the primary may vote the ballot
of that political party in the primary election. Political
parties, through the official action of their state executive
committees, shall be permitted to determine whether unaffiliated
voters or voters of other parties shall be allowed to vote that
party's primary election ballot upon request.
(b) A voter whose registration record lists one residence
address but the voter has since moved to another residence address
within the precinct shall be permitted to update the registration
at the polling place and vote without challenge for that reason.
(c) A voter whose registration record lists one residence
address but the voter has since moved to another residence address
in a different precinct in the same county shall be permitted to
update the registration at the polling place serving the new
precinct and shall be permitted to vote a challenged or provisional
ballot at the new polling place. If the voter's registration is
found on the registration records within the county during the canvass and no other challenge of eligibility was entered on
election day, the challenge shall be removed and the ballot shall
be counted.
(d) A voter whose registration record has been placed on an
inactive status or transferred to an inactive file and who has not
responded to a confirmation notice sent pursuant to the provisions
of section twenty-four, twenty-five or twenty-six of this article
and who offers to vote at the polling place where he or she is
registered to vote shall be required to affirm his or her present
residence address under penalty of perjury, as provided in section
thirty-six of this article.