§3-1-41. Challenged and provisional voter procedures; counting of provisional voters' ballots; ballots of election officials


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 1 - 41

§3-1-41. Challenged and provisional voter procedures; counting of

provisional voters' ballots; ballots of election

officials.

(a) It is the duty of the members of the receiving board,

jointly or severally, to challenge the right of any person

requesting a ballot to vote in any election:

(1) If the person's registration record is not available at

the time of the election;

(2) If the signature written by the person in the poll book

does not correspond with the signature purported to be his or hers

on the registration record;

(3) If the registration record of the person indicates any

other legal disqualification; or

(4) If any other valid challenge exists against the voter

pursuant to section ten, article three of this chapter.

(b) Any person challenged shall nevertheless be permitted to

vote in the election. He or she shall be furnished an official

ballot not endorsed by the poll clerks. In lieu of the

endorsements, the poll clerks shall complete and sign an

appropriate form indicating the challenge, the reason thereof and

the name or names of the challengers. The form shall be securely

attached to the voter's ballot and deposited together with the

ballot in a separate box or envelope marked "provisional ballots".

(c) At the time that an individual casts a provisional ballot,

the poll clerk shall give the individual written information stating that an individual who casts a provisional ballot will be

able to ascertain under the free access system established in this

section whether the vote was counted and, if the vote was not

counted, the reason that the vote was not counted.

(d) Before an individual casts a provisional ballot, the poll

clerk shall provide the individual written instructions, supplied

by the board of ballot commissioners, stating that if the voter is

casting a ballot in the incorrect precinct, the ballot cast may not

be counted for that election: Provided, That if the voter is found

to be in the incorrect precinct, then the poll worker shall attempt

to ascertain the appropriate precinct for the voter to cast a

ballot and immediately give the voter the information if

ascertainable.

(e) Provisional ballots may not be counted by the election

officials. The county commission shall, on its own motion, at the

time of canvassing of the election returns, sit in session to

determine the validity of any challenges according to the

provisions of this chapter. If the county commission determines

that the challenges are unfounded, each provisional ballot of each

challenged voter, if otherwise valid, shall be counted and tallied

together with the regular ballots cast in the election. The county

commission, as the board of canvassers, shall protect the privacy

of each provisional ballot cast. The county commission shall

disregard technical errors, omissions or oversights if it can

reasonably be ascertained that the challenged voter was entitled to vote.

(f) Any person duly appointed as an election commissioner or

clerk under the provisions of section twenty-eight of this article

who serves in that capacity in a precinct other than the precinct

in which the person is legally entitled to vote may cast a

provisional ballot in the precinct in which the person is serving

as a commissioner or clerk. The ballot is not invalid for the sole

reason of having been cast in a precinct other than the precinct in

which the person is legally entitled to vote. The county

commission shall record the provisional ballot on the voter's

permanent registration record: Provided, That the county

commission may count only the votes for the offices that the voter

was legally authorized to vote for in his or her own precinct.

(g) The Secretary of State shall establish a free access

system, which may include a toll-free telephone number or an

internet website, that may be accessed by any individual who casts

a provisional ballot to discover whether his or her vote was

counted and, if not, the reason that the vote was not counted.





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.