WEST virginia legislature

2019 Regular session

Introduced

House Bill 2547

By Delegate Shott

[Introduced January 21, 2019; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §3-9-6 of the Code of West Virginia, 1931, as amended, relating to the election prohibition zone; amending the election prohibition zone from 300 feet to 100 feet. 

Be it enacted by the Legislature of West Virginia:

ARTICLE 9. ELECTRONIC VOTING SYSTEMS.

§3-9-6. Unauthorized presence in election room; three-hundred 100-foot limit; penalties.

If any person, not herein authorized so to do, enters or attempts to enter the election room, except upon a lawful errand and for a proper purpose, or remains within three hundred 100 feet of the outside entrance to the building housing the polling place, contrary to the provisions of this chapter, he shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not less than $50 nor more than $500, or confined in the county jail for not more than 30 days.

Excepting those individuals provided for expressly in this or other sections of the code, only full-time employees of the Secretary of State's office or full-time employees of the respective county offices of the county clerk or the county prosecutor may enter or otherwise disturb the polling place.

NOTE: This is clean-up from the 2018 Regular Session, during which the three-hundred foot electioneering prohibition zone was reduced to one-hundred foot; this section was simply overlooked.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.