H. B. 4127
(By Delegate Spencer)
[Introduced
January 22, 2008
; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §3-3-7 of the Code of West Virginia,
1931, as amended, relating to authorizing governing bodies of
municipalities and county commissions to transfer early
in-person voting ballots to precincts in the manner absentee
ballots are delivered.
Be it enacted by the Legislature of West Virginia:
That §3-3-7 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-7. Delivery of absentee or early voting in-person ballots to
polling places.
(a) Except as otherwise provided in this article, in counties
using paper ballots systems or voting machines, the absentee
ballots of each precinct, together with the applications for the
absentee ballots, the affidavits made in connection with assistance
in voting and any forms, lists and records as may be designated by
the Secretary of State, are to be delivered in a sealed carrier envelope to the election commissioner of the precinct at the time
he or she picks up the official ballots and other election supplies
as provided in section twenty-four, article one of this chapter.
(b) Absentee ballots received after the election commissioner
has picked up the official ballots and other election supplies for
the precinct are to be delivered to the election commissioner of
the precinct who has been designated pursuant to section
twenty-four, article one of this chapter, by the official
designated to supervise and conduct absentee voting in person or by
messenger before the closing of the polls, provided the ballots are
received by the official in time to make the delivery. Any ballots
received by the official after the time that delivery may
reasonably be made but within the time required as provided in
subsection (g), section five of this article are to be delivered to
the board of canvassers along with the provisional ballots.
(c) The governing bodies of municipalities and county
commissions may approve the transfer of early in-person ballots of
each precinct together with lists and records as may be designated
by the Secretary of State. If this option is made, these ballots
shall be delivered in a sealed carrier envelope to the election
commissioner of the precinct at the time that person picks up the
official ballots and other election supplies as provided in section
twenty-four, article one of this chapter.
NOTE: The purpose of this bill is to authorize governing
bodies of municipalities and county commissions to transfer early
in-person voting ballots to precincts in the manner absentee
ballots are delivered, which is one day before the election.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.