§3-3-2. Authority to conduct absentee voting; absentee voting application; form

Published: 2015

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WVC 3 - 3 - 2

§3-3-2. Authority to conduct absentee voting; absentee voting

application; form.

     (a) Absentee voting is to be supervised and conducted by the

proper official for the political division in which the election is

held, in conjunction with the ballot commissioners appointed from

each political party, as follows:

     (1) For any election held throughout the county, within a

political subdivision or territory other than a municipality, or

within a municipality when the municipal election is conducted in

conjunction with a county election, the clerk of the county

commission; or

     (2) The municipal recorder or other officer authorized by

charter or ordinance provisions to conduct absentee voting, for any

election held entirely within the municipality, or in the case of

annexation elections, within the area affected. The terms "clerk"

or "clerk of the county commission" or "official designated to

supervise and conduct absentee voting" used elsewhere in this

article means municipal recorder or other officer in the case of

municipal elections.

     (b) A person authorized and desiring to vote a mail-in

absentee ballot in any primary, general or special election is to

make application in writing in the proper form to the proper

official as follows:

     (1) The completed application is to be on a form prescribed by

the Secretary of State and is to contain the name, date of birth

and political affiliation of the voter, residence address within

the county, the address to which the ballot is to be mailed, the authorized reason, if any, for which the absentee ballot is

requested and, if the reason is illness or hospitalization, the

name and telephone number of the attending physician, the signature

of the voter to a declaration made under the penalties for false

swearing as provided in section three, article nine of this chapter

that the statements and declarations contained in the application

are true, any additional information which the voter is required to

supply, any affidavit which may be required and an indication as to

whether it is an application for voting in person or by mail; or

     (2) For any person authorized to vote an absentee ballot under

the provisions of 42 U.S.C. §1973, et seq., the Uniformed and

Overseas Citizens Absentee Voting Act of 1986, the completed

application may be on the federal postcard application for absentee

ballot form issued under authority of that act, submitted by mail

or electronically;

     (3) For any person unable to obtain the official form for

absentee balloting at a reasonable time before the deadline for an

application for an absentee ballot by mail is to be received by the

proper official, the completed application may be in a form set out

by the voter, provided all information required to meet the

provisions of this article is set forth and the application is

signed by the voter requesting the ballot; or

     (4) A person authorized to vote an absentee ballot who is

participating in the Address Confidentiality Program as established

by section one hundred three, article twenty-eight-a, chapter

forty-eight of this code, may apply to the program manager within

the office of the Secretary of State to vote a mail-in absentee ballot. The program manager will notify the designated county

contact to coordinate the application and the provision of an

absentee ballot to the program participant.

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.