§3-3-3. Early voting in person


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 3 - 3

§3-3-3. Early voting in person.

     (a) The voting period for early in-person voting is to be

conducted during regular business hours beginning on the thirteenth

day before the election and continuing through the third day before

the election. Additionally, early in-person voting is to be

available from 9:00 a.m. to 5:00 p.m. on Saturdays during the

early voting period.

     (b) Any person desiring to vote during the period of early in-

person voting shall, upon entering the election room, clearly state

his or her name and residence to the official or representative

designated to supervise and conduct absentee voting. If that

person is found to be duly registered as a voter in the precinct of

his or her residence, he or she is required to sign his or her name

in the space marked "signature of voter" on the pollbook. If the

voter is unable to sign his or her name due to illiteracy or

physical disability, the person assisting the voter and witnessing

the mark of the voter shall sign his or her name in the space

provided. No ballot may be given to the person until he or she

signs his or her name on the pollbook.

     (c) When the voter's signature or mark is properly on the

pollbook, two qualified representatives of the official designated

to supervise and conduct absentee voting shall sign their names in

the places indicated on the back of the official ballot.

     (d) If the official designated to supervise and conduct

absentee voting determines that the voter is not properly registered in the precinct where he or she resides, the clerk or

his or her representative shall challenge the voter's absentee

ballot as provided in this article.

     (e) The official designated to supervise and conduct absentee

voting shall provide each person voting an absentee ballot in

person the following items to be printed as prescribed by the

Secretary of State:

     (1) In counties using paper ballots, one of each type of

official absentee ballot the voter is eligible to vote, prepared

according to law;

     (2) In counties using punch card systems, one of each type of

official absentee ballot the voter is eligible to vote, prepared

according to law, and a gray secrecy envelope;

     (3) In counties using optical scan systems, one of each type

of official absentee ballot the voter is eligible to vote, prepared

according to law, and a secrecy sleeve; or

     (4) For direct recording election systems, access to the

voting equipment in the voting booth.

     (f) The voter shall enter the voting booth alone and there

mark the ballot: Provided, That the voter may have assistance in

voting according to the provisions of section four of this article.

After the voter has voted the ballot or ballots, the absentee voter

shall: Place the ballot or ballots in the gray secrecy envelope and

return the ballot or ballots to the official designated to

supervise and conduct the absentee voting: Provided, however, That in direct recording election systems, once the voter has cast his

or her ballot, the voter shall exit the polling place.

     (g) Upon receipt of the voted ballot, representatives of the

official designated to supervise and conduct the absentee voting

shall:

     (1) Remove the ballot stub;

     (2) Place punch card ballots and paper ballots into one

envelope which shall not have any marks except the precinct number

and seal the envelope; and

     (3) Place ballots for all voting systems into a ballot box

that is secured by two locks with a key to one lock kept by the

president of the county commission and a key to the other lock kept

by the county clerk.





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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.