§3-2-22. Correction of voter records


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-2-22

§3-2-22. Correction of voter records.

(a) Any registered voter who moves from one residence to

another within the county may file a request for change of address

on the voter registration records by completing and signing, under

penalty of perjury, as provided in section thirty-six of this

article, and filing:

(1) A change of address form at the office of the clerk of the

county commission or through any of the voter registration outreach

services established pursuant to the provisions of section eight of

this article;

(2) A state or federal mail registration form;

(3) A change of address form for driver licensing purposes;

(4) A change of address form for voter registration purposes

at any authorized voter registration agency;

(5) A confirmation of change of address form received pursuant

to the provisions of section twenty-four, twenty-five, twenty-six

or twenty-seven of this article; or

(6) An affidavit of change of address at the polling place of

the precinct in which the new residence is located on election day.

(b) Upon the receipt of any request for change of address as

provided in subsection (a) of this section, the clerk shall enter

the change, assign the proper county precinct number and, if

applicable, assign the proper municipal precinct number, and issue

an acknowledgement notice or mail that notice to the voter at the

new address.

(c) When the clerk of the county commission receives notice

that a voter may have moved from one residence to another within

the county from the United States postal service or through state

programs to compare voting registration records with records of

other official state or county agencies which receive, update and

utilize residence address information, the clerk shall enter the

change of address onto the voter registration record and send the

confirmation notice as prescribed in section twenty-six of this

article.

(d) Any registered voter who changes his or her legal name

through marriage or by order of the circuit court may file a

request for change of address on the voter registration records by

completing and signing, under penalty of perjury, as provided in

section thirty-six of this article, and filing:

(1) Any voter registration application form authorized by this

article; or

(2) An affidavit of change of legal name at the polling place

on election day.

(e) Upon the receipt of any request for change of legal name

as provided in subsection (d) of this section, the clerk shall

enter the change and issue an acknowledgement notice or mail the

notice to the voter.

(f) Any registered voter who desires to change his or her

political party affiliation may do so by filing, no later than the

close of voter registration for an election, any voter registration application form authorized by the provisions of this article.

Upon receipt of a request for change of political party

affiliation, the clerk shall enter the change and issue an

acknowledgement notice or mail the notice to the voter.

(g) Any registered voter who finds an error in the information

on his or her voter registration record may request a correction

of the record by completing, signing and filing any voter

registration form authorized by the provisions of this article, or

an affidavit requesting such correction at the polling place on

election day: Provided, That any voter who, in a primary election,

alleges the party affiliation entered on the voter registration

record at the polling place is incorrect and who desires to vote

the ballot of a political party for which he or she does not appear

to be eligible, may vote a challenged or provisional ballot of the

desired political party: Provided, however, That the ballot may be

counted in the canvass only if the original voter registration

record contains a designation of such political party which has

been filed no later than the close of registration for the primary

election in issue.





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.