WEST VIRGINIA CODE
WVC 3 - 2 - 13
§3-2-13. Agencies to provide voter registration services;
designation of responsible employees; forms;
(a) For the purposes of this article, "agency" means a
department, division or office of state or local government, or a
program supported by state funds, which is designated under this
section to provide voter registration services, but does not
include departments, divisions or offices required by other
sections of this article to provide voter registration services.
(b) The following agencies shall provide voter registration
services pursuant to the provisions of this article:
(1) Those state agencies which administer or provide services
under the food stamp program, the Aid to Families with Dependent
Children (AFDC) program, the Women, Infants and Children (WIC)
program and the Medicaid program;
(2) Those state-funded agencies primarily engaged in providing
services to persons with disabilities;
(3) County marriage license offices;
(4) Armed services recruitment offices, as required by federal
(5) The Department of Revenue, if it provides a check box on
any form provided to the general public authorizing the Department
of Revenue to request a voter registration application by mail from
the Secretary of State on behalf of the applicant.
(c) No later than the first day of October, one thousand nine hundred ninety-four, the Secretary of State shall, in conjunction
with a designated representative of each of the appropriate state
agencies, review those programs and offices established and
operating with state funds which administer or provide public
assistance or services to persons with disabilities and shall
promulgate an emergency rule pursuant to the provisions of chapter
twenty-nine-a of this code designating the specific programs and
offices required to provide voter registration services in order to
comply with the requirements of this section and the requirements
of the National Voter Registration Act of 1993 (42 U.S.C. §1973gg,
et seq.). The offices and programs so designated shall begin
providing voter registration services on the first day of January,
one thousand nine hundred ninety-five.
(d) In each even-numbered year, the Secretary of State shall,
in conjunction with the designated representatives of the
appropriate state agencies, perform the review as required by the
provisions of subsection (c) of this section. The Secretary of
State shall periodically review and revise, if necessary, the
legislative rule designating the specific agencies required to
provide voter registration services.
(e) Each state agency required to provide services pursuant to
the provisions of this article shall designate a current employee
of that agency to serve as a state supervisor to administer voter
registration services required in all programs under the agency's
jurisdiction. Each state supervisor is responsible for coordination with the Secretary of State, overall operation of the
program in conjunction with services within the agency, designation
and supervision of local coordinators and for the review of any
complaints filed against employees relating to voter registration
as provided in this chapter.
(f) The state supervisor shall designate a current employee as
a local coordinator for voter registration services for each office
or program delivery center who shall be responsible for the proper
conduct of voter registration services, timely return of completed
voter registration applications, proper handling of declinations
and reporting requirements. Notice of the designation of these
persons shall be made upon request of the Secretary of State and
within five days following any change of designation. Each local
coordinator shall receive biannual training provided by the
Secretary of State.
(g) The registration application forms used for agency
registration shall be issued pursuant to the provisions of section
five of this article.
(h) The Secretary of State, in conjunction with those agencies
designated to provide voter registration services pursuant to the
provisions of this section, shall prescribe the form or portion of
the appropriate agency form required by the provisions of 42 U.S.C.
§1973gg, et seq., section 7(a)(6)(B) of the National Voter
Registration Act of 1993, containing the required notices and
providing boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote.
The form or portion of the form is designated the "declination
(i) A person who provides voter registration services may not:
(1) Seek to influence an applicant's political preference or
(2) Display to any applicant any political preference or party
(3) Make any statement to an applicant or take any action the
purpose or effect of which is to discourage the applicant from
registering to vote; or
(4) Make any statement to an applicant or take any action the
purpose or effect of which is to lead the applicant to believe that
a decision to register or not to register has any bearing on the
availability of services or benefits.
(j) No information relating to the identity of a voter
registration agency through which any particular voter is
registered or to a declination to register to vote in connection
with an application made at any designated agency may be used for
any purpose other than voter registration.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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