§3-3-2a. Early voting areas; prohibition against display of campaign material


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 3 - 2 A

§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 voting

and in addition, the commission may designate other locations as

provided in subsection (b).

     (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 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 community voting location at least thirty days prior

to the designation. Notice shall be by publication as a Class II-0

legal advertisement in compliance with provisions of article three,

chapter fifty-nine of this code. The publication area is the

county in which the community voting 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) can be scheduled for use during the early voting period;

     (B) has the physical facilities necessary to accommodate early

voting requirements;

     (C) has adequate space for voting equipment, poll workers, and voters; and

     (D) 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 thirty days prior to an election,

give notice of the dates, times, and place of community voting

locations by publication as a Class II-0 legal advertisement in

compliance with provisions of article three, chapter fifty-nine of

this code;

     (5) Voting shall be conducted at each designated community

voting site for a period of not less than five consecutive days

during early in-person voting authorized by section three of this

article, 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 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 for an equal number of voting days

and permit voting for the same number of hours per day.

     (c) The Secretary of State shall propose legislative and

emergency rules in accordance with the provisions of article three, chapter twenty-nine-a 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 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, any annex of the courthouse or any

other designated as early in-person voting locations within the

county, as a portion of the official's office, for the purpose of

absentee in-person 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 in-person voting

within the office.

      Any designated area is subject to the same requirements as

the regular absentee voting area.

     (4) The official designated to supervise and conduct absentee

voting shall have at least two representatives to assist with

absentee voting: Provided, That the two representatives may not be

registered with the same political party affiliation or two persons

registered with no political party affiliation. The

representatives may be full-time employees, temporary employees

hired for the period of absentee 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 any other designated early voting locations

within the county, during the entire period of regular in-person

absentee voting. The official designated to supervise and conduct

absentee voting is authorized to remove the material and to direct

the sheriff of the county to enforce the prohibition.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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