§3-1-37. Restrictions on presence and conduct at polls


Published: 2015

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WEST VIRGINIA CODE











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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

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.