SB785 HJUD AM 3-2
Casto 3264
The Committee on the Judiciary moved to amend the Bill on page one, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
Be it enacted by the Legislature of West Virginia:
Article 3. Voting by Absentees.
§3‑3‑2a. Early voting areas; prohibition against display of campaign material.
(a) The county commission shall designate the courthouse or annex to the courthouse as the primary location for early in‑person voting and, in addition, the commission may designate other locations as provided in subsection (b) of this section.
(b) The county commission may, with the approval of the county clerk or other official charged with the administration of elections, designate community voting locations for early in‑person voting, other than the county courthouse or courthouse annex, by a majority of the members of the county commission voting to adopt the same at a public meeting called for that purpose.
(1) The county commission shall publish a notice of its intent to designate a community voting location at least 30 days prior to the designation. Notice shall be by publication as a Class II‑0 legal advertisement in compliance with provisions of §59‑3‑1 et seq. of this code. The publication area is the county in which the community voting location or locations are designated;
(2) Community voting locations shall comply with requirements of this article for early in‑person voting, criteria prescribed by the Secretary of State, and the following criteria:
(A) The location can be scheduled for use during the early voting period;
(B) The location has the physical facilities necessary to accommodate early voting requirements;
(C) The location has adequate space for voting equipment, poll workers, and voters; and
(D) The location has adequate security, public accessibility, and parking.
(3) The county executive committees of the two major political parties may nominate sites to be used as community voting locations during the early voting period;
(4) Upon the designation of a community voting location,
the county clerk shall, not less than 30 days prior to an election, give notice
of the dates, times, and place of community voting locations community
voting location address and the dates and times when the location will be open
for early voting by publication as a Class II‑0 legal advertisement
in compliance with provisions of §59‑3‑1 et seq. of this
code;
(5) Voting shall be conducted at each designated community
voting site location for a period of not less than five
consecutive days during the early in‑person voting period
authorized by §3‑3‑3 of this code, but need not be conducted at
each location for the entire period of early in‑person voting;
(6) The county commission, with the approval of the county
clerk, may authorize community voting locations on a rotating basis, wherein a
community voting location may be utilized used for less than the
full period of early in-person voting. and
(7) If more than one community voting location is
designated, each location shall be utilized used for an equal
number of voting days and permit voting for the same number of hours per day; and
(8) Once a community voting location is designated it may continue to be used in subsequent elections without complying with the public notice requirements of subdivision (1) of this subsection if the county commission finds, and the county clerk agrees, at least 50 days, but not more than 80 days prior to the election, that the location continues to qualify under this section.
(c) The Secretary of State shall propose legislative and emergency rules in accordance with the provisions of §29A‑3‑1 et seq. of this code as may be necessary to implement the provisions of this section. The rules shall include establishment of criteria to assure neutrality and security in the selection of community voting locations.
(d) Throughout the period of early in‑person voting,
the official designated to supervise and conduct absentee early in‑person
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 early
in‑person 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 early in‑person
voting or members of the board of ballot commissioners assigned to conduct absentee
early in‑person voting, may enter the area or room set aside for
voting.
(3) (A) The official designated to supervise and
conduct absentee early in‑person voting shall request the
county commission designate another area within the county courthouse, any
annex of the courthouse or any other designated as early in‑person community
voting locations within the county, as a portion of the official's office, for
the purpose of absentee early in‑person voting in the
following circumstances:
(A) (i) If the voting area is not accessible
to voters with physical disabilities;
(B) (ii) 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 early in‑person voting; or
(C) (iii) If there is no suitable area for absentee
early in‑person voting within the office.
(B) Any designated area is subject to the same
requirements as the regular absentee voting area primary
location for early in-person voting.
(4) The official designated to supervise and conduct absentee
early in‑person voting shall have at least two representatives to
assist with absentee early in‑person voting: Provided, That
the two representatives may not be registered with the same political party
affiliation or be two persons registered with no political party
affiliation. The representatives may be full‑time employees, temporary
employees hired for the period of absentee early in‑person
voting in person, or volunteers.
(5) 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, any annex facilities, or within 100 feet of the
outside entrance of any other designated early voting locations within the
county during the entire period of regular early in‑person absentee
voting. The official designated to supervise and conduct absentee early
in‑person voting is authorized to remove the material and to direct
the sheriff of the county to enforce the prohibition.
Adopted
Rejected