WEST VIRGINIA CODE
WVC 3 - 1 - 37
§3-1-37. Restrictions on presence and conduct at polls.
(a) Except as otherwise provided in this section, no person,
other than the election officers and voters going to the election
room to vote and returning therefrom, may be or remain within three
hundred feet of the outside entrance to the building housing the
polling place while the polls are open. This subsection does not
apply to persons who reside or conduct business within such
distance of the entrance to the building housing the polling place,
while in the discharge of their legitimate business, or to persons
whose business requires them to pass and repass within three
hundred feet of such entrance.
(b) A person who is delivering a voter to a polling place by
motor vehicle may drive such vehicle to a convenient and accessible
location to discharge the voter, notwithstanding that the location
is within three hundred feet of the outside entrance to the
building housing the polling place. Upon discharging such voter
from the vehicle, the person shall remove the vehicle from within
three hundred feet of the entrance until such time as the voter is
to be transported from the polling place or another voter
delivered: Provided, That vehicles delivering voters who require
assistance by reason of blindness, disability or advanced age may
remain within three hundred feet of the entrance until such time as
the voter is to be transported from the polling place.
(c) The election commissions shall limit the number of voters
in the election room so as to preserve order. No person may approach nearer than five feet to any booth or compartment while
the election is being held, except the voters to prepare their
ballots, or the poll clerks when called on by a voter to assist in
the preparation of his ballot, and no person, other than election
officers and voters engaged in receiving, preparing and depositing
their ballots, may be permitted to be within five feet of any
ballot box, except by authority of the board of election
commissioners, and then only for the purpose of keeping order and
enforcing the law.
(d) Not more than one person may be permitted to occupy any
booth or compartment at one time. No person may remain in or
occupy a booth or compartment longer than may be necessary to
prepare his ballot, and in no event longer than five minutes,
except that any person who claims a disability pursuant to section
thirty-four of this article shall have additional time up to ten
additional minutes to prepare his ballot. No voter, or person
offering to vote, may hold any conversation or communication with
any person other than the poll clerks or commissioners of election,
while in the election room.
(e) The provisions of this section do not apply to persons
rendering assistance to blind voters as provided in section
thirty-four of this article or to any child fourteen years of age
or younger who accompanies a parent, grandparent or legal guardian
who is voting. Any dispute concerning the age of a child
accompanying a parent, grandparent or legal guardian who is voting shall be determined by the election commissioners.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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