§3-2-13. Agencies to provide voter registration services; designation of responsible employees; forms; prohibitions; confidentiality


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 2 - 13

§3-2-13. Agencies to provide voter registration services;

designation of responsible employees; forms;

prohibitions; confidentiality.

(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

law; and

(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

form".

(i) A person who provides voter registration services may not:

(1) Seek to influence an applicant's political preference or

party registration;

(2) Display to any applicant any political preference or party

allegiance;

(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

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.