§3-2-25. Systematic purging program for removal of ineligible          voters from active voter registration files; comparison of data records; confirmation notices; public inspection list


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 2 - 25

§3-2-25. Systematic purging program for removal of ineligible         

voters from active voter registration files;

comparison of data records; confirmation notices;

public inspection list.

     (a) The systematic purging program provided in this section

shall begin no earlier than October 1 of each odd-numbered year and

shall be completed no later than February 1 of the following year.

The clerk of the county commission shall transmit or mail to the

Secretary of State a certification that the systematic purging

program has been completed and all voters identified as no longer

eligible to vote have been canceled in the statewide voter

registration database in accordance with the law no later than

February 15 in the year in which the purging program is completed.

     (b) The Secretary of State shall provide for the comparison of

data records of all counties. The Secretary of State shall, based

on the comparison, prepare a list for each county which shall

include the voter registration record for each voter shown on that

county's list who appears to have registered or to have updated a

voter registration in another county at a subsequent date. The

resulting lists shall be returned to the appropriate county and the

clerk of the county commission shall proceed with the confirmation

procedure for those voters as prescribed in section twenty-six of

this article.

     (c) The Secretary of State may provide for the comparison of

data records of counties with the data records of the Division of Motor Vehicles, the registrar of vital statistics and with the data

records of any other state agency which maintains records of

residents of the state, if the procedure is practical and the

agency agrees to participate. Any resulting information regarding

potentially ineligible voters shall be returned to the appropriate

county and the clerk of the county commission shall proceed with

the confirmation procedure as prescribed in section twenty-six of

this article.

     (d) The records of all voters not identified pursuant to the

procedures set forth in subsections (b) and (c) of this section

shall be combined for comparison with United States Postal Service

change of address information, as described in section 8(c)(A) of

the National Voter Registration Act of 1993 (42 U. S. C.§1973gg, et

seq.). The Secretary of State shall contract with an authorized

vendor of the United States Postal Service to perform the

comparison. The cost of the change of address comparison procedure

shall be paid for from the combined voter registration and

licensing fund established in section twelve of this article and

the cost of the confirmation notices, labels and postage shall be

paid for by the counties.

     (e) The Secretary of State shall return to each county the

identified matches of the county voter registration records and the

postal service change of address records.

     (1) When the change of address information indicates the voter

has moved to a new address within the county, the clerk of the county commission shall enter the new address on the voter record

and assign the proper precinct.

     (2) The clerk of the county commission shall then mail to each

voter who appears to have moved from the residence address shown on

the registration records a confirmation notice pursuant to section

twenty-six of this article and of section 8(d)(2) of the National

Voter Registration Act of 1993 (42 U. S. C.§1973gg, et seq.). The

notice shall be mailed, no later than December 31, to the new

address provided by the postal service records or to the old

address if a new address is not available.

     (f) The clerk of the county commission shall indicate in the

statewide voter registration database the name and address of each

voter to whom a confirmation notice was mailed and the date on

which the notice was mailed.

     (g) Upon receipt of any response or returned mailing sent

pursuant to the provisions of subsection (e) of this section, the

clerk shall immediately enter the date and type of response

received in the statewide voter registration database and shall

then proceed in accordance with the provisions of section twenty-

six of this article.

     (h) For purposes of complying with the record keeping and

public inspection requirements of the National Voter Registration

Act of 1993 (42 U. S. C.§1973gg, et seq.), and with the provisions

of section twenty-seven of this article, the public inspection

lists shall be maintained either in printed form kept in a binder prepared for such purpose and available for public inspection

during regular business hours at the office of the clerk of the

county commission or in read-only data format available for public

inspection on computer terminals set aside and available for

regular use by the general public. Information concerning whether

or not each person has responded to the notice shall be entered

into the statewide voter registration database upon receipt and

shall be available for public inspection as of the date the

information is received.

     (i) Any voter to whom a confirmation notice was mailed

pursuant to the provisions of subsection (e) of this section who

fails to respond to the notice or to update his or her voter

registration address by February 1 immediately following the

completion of the program, shall be designated inactive in the

statewide voter registration database. Any voter designated

inactive shall be required to affirm his or her current residence

address, on a form prescribed by the Secretary of State, upon

appearing at the polls to vote.

     (j) In addition to the preceding purging procedures, all

counties using the change of address information of the United

States Postal Service shall also, once each four years during the

period established for systematic purging in the year following a

presidential election year, conduct the same procedure by mailing

a confirmation notice to those persons not identified as

potentially ineligible through the change of address comparison procedure but who have not updated their voter registration records

and have not voted in any election during the preceding four

calendar years. The purpose of this additional systematic

confirmation procedure shall be to identify those voters who may

have moved without filing a forwarding address, moved with a

forwarding address under another name, died in a another county or

state so that the certificate of death was not returned to the

clerk of the county commission, or who otherwise have become

ineligible.





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

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