H. B. 2787
(By Delegate Doyle)
[Introduced January 30, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two-a, article three, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to restricting the official
designated to supervise absentee voting to conducting absentee
voting one day per location; allowing volunteer poll workers
that satisfy all other requirements to conduct absentee
voting; and restricting a candidate from visiting a school
where absentee voting is being held for thirty days prior to
the absentee voting taking place.
Be it enacted by the Legislature of West Virginia:
That section two-a, article three, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-2a. Voting booths within public view to be provided; prohibition against display of campaign material;
conducting in-person absentee voting; candidates may
not visit public schools where absentee voting will
be held for thirty days prior to the voting.
Throughout the period of absentee voting in person, the
official designated to supervise and conduct absentee voting shall
make the following provisions for voting:
(1) The official shall provide a sufficient number of voting
booths or devices appropriate to the voting system at which voters
may prepare their ballots. The booths or devices are to be in an
area separate from but within clear view of the public entrance
area of the official's office or other area designated by the
county commission for absentee voting and are to be arranged to
ensure the voter complete privacy in casting the ballot.
(2) The official shall make the voting area secure from
interference with the voter and shall ensure that voted and unvoted
ballots are at all times secure from tampering. No person, other
than a person lawfully assisting the voter according to the
provisions of this chapter, may be permitted to come within five
feet of the voting booth while the voter is voting. No person,
other than the officials or employees of the official designated to
supervise and conduct absentee voting or members of the board of
ballot commissioners assigned to conduct absentee voting, may enter
the area or room set aside for voting.
(3) The official designated to supervise and conduct absentee
voting shall request the county commission designate another area
within the county courthouse or any annex of the courthouse as a
portion of the official's office for the purpose of absentee voting
in the following circumstances:
(A) If the voting area is not accessible to voters with
physical disabilities;
(B) If the voting area is not within clear view of the public
entrance of the office of the official designated to supervise and
conduct absentee voting; or
(C) If there is no suitable area for absentee voting within
the office.
Any designated area is subject to the same requirements as
the regular absentee voting area.
(4) No person may do any electioneering nor may any person
display or distribute in any manner, or authorize the display or
distribution of, any literature, posters or material of any kind
which tends to influence the voting for or against any candidate or
any public question on the property of the county courthouse or any
annex facilities during the entire period of regular in-person
absentee voting. The official designated to supervise and conduct
absentee voting is hereby authorized to remove the material and to
direct the sheriff of the county to enforce the prohibition.
(5) Notwithstanding the provisions of any section of this chapter to the contrary, during the period of in-person absentee
voting, the official designated to supervise and conduct absentee
voting is hereby authorized to conduct absentee voting in
designated public places in the county for one day per location:
Provided, That volunteer poll workers may be used to conduct
absentee voting in public places as long as the poll workers meet
all other requirements of this chapter. When absentee voting is
conducted in a public school, no candidate may visit that school
within thirty days prior to the beginning of regular in-person
absentee voting.
NOTE: The purpose of this bill is to restrict the official
designated to supervise absentee voting to conducting absentee
voting one day per location; allowing volunteer poll workers that
satisfy all other requirements to conduct absentee voting; and
restricting a candidate from visiting a school where absentee
voting is being held for thirty days prior to the absentee voting
taking place.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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