2009 West Virginia Code
CHAPTER 3. ELECTIONS

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS. 

• §3-1-1 Short title; purpose.
• §3-1-2 Scope of chapter; definitions.
• §3-1-2a Municipal elections.
• §3-1-3 Persons entitled to vote.
• §3-1-3a Persons entitled to vote under federal Voting Rights Act Amendments of 1970; authority of secretary of state.
• §3-1-4 Manner of voting.
• §3-1-5 Voting precincts and places established; number of voters in precincts; precinct map; municipal map.
• §3-1-6 Municipal voting precincts.
• §3-1-7 Precinct changes; procedure; precinct record.
• §3-1-8 Political party defined; parties or groups that may participate in municipal primary elections.
• §3-1-9 Political party committees; how composed; organization.
• §3-1-10 Party committees in office.
• §3-1-11 Powers of state executive committee; central or subcommittees; party emblems.
• §3-1-12 Members of national party committee.
• §3-1-13 Other party or group committees.
• §3-1-14 Presidential electors; how chosen; duties; vacancies; compensation.
• §3-1-15 Election of United States senators and congressmen.
• §3-1-16 Election of state officers.
• §3-1-17 Election of circuit judges; county and district officers; magistrates.
• §3-1-18 Election to fill other offices.
• §3-1-19 Ballot commissioners; selection; duties generally; vacancies.
• §3-1-20 Cards of instructions to voters; sample ballots; posting.
• §3-1-21 Printing of official and sample ballots; number; packaging and delivery; correction of ballots.
• §3-1-21a Vendors authorized to print ballots; eligibility; application and certification; denial, suspension and revocation of authorization; appeal.
• §3-1-22 County court clerks to provide election supplies; requirements for poll books and ballot boxes.
• §3-1-23 County commission to arrange polling places and equipment; requirements.
• §3-1-24 Obtaining and delivering election supplies.
• §3-1-25 Supplies by special messenger.
• §3-1-26 Election supplies in emergencies.
• §3-1-27 Municipal precinct registration records.
• §3-1-28 Election officials; eligibility, suspension of eligibility.
• §3-1-29 Boards of election officials; definitions, composition of boards, determination of number and type.
• §3-1-30 Nomination and appointment of election officials and alternates; notice of appointment; appointment to fill vacancies in election boards.
• §3-1-30a Oaths of election commissioners and poll clerks, substitution of persons.
• §3-1-31 Days and hours of elections.
• §3-1-32 Opening and closing polls; procedure.
• §3-1-33 How elections conducted by double boards.
• §3-1-34 Voting procedures generally; assistance to voters; voting records; penalties.
• §3-1-35 Ballots to be furnished voters.
• §3-1-36 Report on and disposition of ballots spoiled or not used.
• §3-1-37 Restrictions on presence and conduct at polls.
• §3-1-38 Disorder at polls; procedure.
• §3-1-39 Illegal voting; affidavit; procedure.
• §3-1-40 Repealed
• §3-1-41 Challenged and provisional voter procedures; counting of provisional voters' ballots; ballots of election officials.
• §3-1-42 Time off for voting.
• §3-1-43 Disposition of miscellaneous election papers.
• §3-1-44 Compensation of election officials; expenses.
• §3-1-45 Court proceedings to compel performance of duties, etc.
• §3-1-46 Training program for election officials.
• §3-1-47 Repealed
• §3-1-48 Legislative findings; State Election Fund; loans to counties; availability of funds; repayment of loans.
• §3-1-49 Voting system standards.
• §3-1-50 Establishment of state-based administrative complaint procedures.

ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE. 

• §3-1A-1 Election commission continued; composition; chairman; traveling expense.
• §3-1A-2 Qualifications of members of commission.
• §3-1A-3 Terms of office of commission members; filling vacancies.
• §3-1A-4 Office and meetings of commission.
• §3-1A-5 Powers and duties of commission; legislative rules.
• §3-1A-6 Powers and duties of Secretary of State; exercise of powers by appointees.
• §3-1A-7 Candidate's financial disclosure statement.
• §3-1A-8 Investigators for the secretary of state.

ARTICLE 1B. FAIR CAMPAIGN PRACTICES. 

• §3-1B-1 Legislative findings, purpose, declaration and intent.
• §3-1B-2 Definitions.
• §3-1B-3 Powers and duties of the commission.
• §3-1B-4 Hearing; disposition; sanctions.
• §3-1B-5 Code of fair campaign practices.
• §3-1B-7 Retention of forms; public inspection.
• §3-1B-8 Voluntary subscription to the code.
• §3-1B-9 Release from subscription to the code.
• §3-1B-10 Adjustment of spending limitations.

ARTICLE 1C. ACCESSIBLE VOTING TECHNOLOGY ACT. 

• §3-1C-1 Short title.
• §3-1C-2 Findings.
• §3-1C-3 Definitions.
• §3-1C-4 Requirements for accessible voting technology and systems.

ARTICLE 2. REGISTRATION OF VOTERS. 

• §3-2-1 Permanent voter registration law; uniform system of voter registration.
• §3-2-2 Eligibility to register to vote.
• §3-2-3 State authority relating to voter registration; chief election official.
• §3-2-4 Authority and responsibility of the clerk of the county commission and of the county commission relating to voter registration.
• §3-2-4a Statewide voter registration list.
• §3-2-5 Forms for application for registration; information required and requested; types of application forms; notices.
• §3-2-6 Time of registration application before an election.
• §3-2-7 Hours and days of registration in the office of the clerk of the county commission; in-person application for voter registration; identification required.
• §3-2-8 Registration outreach services by the clerk of the county commission; challenge of voter's registration.
• §3-2-9 Appointment of temporary and volunteer registrars for registration outreach services.
• §3-2-10 Application for registration by mail.
• §3-2-11 Registration in conjunction with driver licensing.
• §3-2-12 Combined voter registration and driver licensing fund.
• §3-2-13 Agencies to provide voter registration services; designation of responsible employees; forms; prohibitions; confidentiality.
• §3-2-14 Registration procedures at agencies.
• §3-2-15 Special procedures relating to agency registration at marriage license offices.
• §3-2-16 Procedures upon receipt of application for registration by the clerk of the county commission; verification procedure and notice of disposition of application for registration.
• §3-2-17 Denial of registration application; notice; appeal to clerk of the county commission, decision; appeal to county commission, hearing, decision; appeal to circuit court.
• §3-2-18 Registration records; active, inactive, canceled, pending and rejected registration files; procedure; voting records.
• §3-2-19 Maintenance of active and inactive registration files in precinct record books and county alphabetical registration file.
• §3-2-20 Repealed
• §3-2-21 Maintenance of records in state uniform voter data system in lieu of precinct record books.
• §3-2-22 Correction of voter records.
• §3-2-22a Repealed
• §3-2-23 Cancellation of registration of deceased or ineligible voters.
• §3-2-24 Systematic purging program for removal of ineligible voters from active voter registration files using manual voter registration system.
• §3-2-25 Systematic purging program for removal of ineligible voters from active voter registration files for counties with state approved uniform voter data system; modified program for counties using other digitized record storage systems.
• §3-2-26 Confirmation notices for systematic purging program.
• §3-2-27 Procedure following sending of confirmation notices; correction or cancellation of registrations upon response; designation of inactive when no response; cancellation of inactive voters; records.
• §3-2-28 Challenges; notice; cancellation of registration.
• §3-2-29 Custody of original registration records and voter registration data files.
• §3-2-30 Public inspection of voter registration records in the office of the clerk of the county commission; providing voter lists for noncommercial use; prohibition against resale of voter lists for commercial use or profit.
• §3-2-31 Rules pertaining to voting after registration or change of address within the county.
• §3-2-32 Unlawful registration or rejection of voter; penalties.
• §3-2-33 Neglect of duty by registration officers; penalties.
• §3-2-34 Alteration or destruction of records; penalties.
• §3-2-35 Withholding information; penalties.
• §3-2-36 Crimes and offenses relating to applications for registration or change of registration; penalties.
• §3-2-37 Effective date.
• §3-2-38 Repealed
• §3-2-39 Repealed
• §3-2-40 Repealed
• §3-2-41 Repealed
• §3-2-42 Repealed
• §3-2-43 Repealed
• §3-2-44 Repealed

ARTICLE 3. VOTING BY ABSENTEES. 

• §3-3-1 Persons eligible to vote absentee ballots.
• §3-3-2 Authority to conduct absentee voting; absentee voting application; form.
• §3-3-2a Early voting areas; prohibition against display of campaign material.
• §3-3-2b Special absentee voting list.
• §3-3-3 Early voting in person.
• §3-3-3a Voting absent voter's ballot by personal appearance in Saturday elections for religious reasons.
• §3-3-4 Assistance to voter in voting an absent voter's ballot by personal appearance; penalties.
• §3-3-5 Voting an absentee ballot by mail, facsimile or electronic mail; penalties.
• §3-3-5a Processing federal postcard applications.
• §3-3-5b Procedures for voting a special write-in absentee ballot by qualified persons.
• §3-3-5c Procedures for voting an emergency absentee ballot by qualified voters.
• §3-3-6 Assistance to voter in voting an absent voter's ballot by mail.
• §3-3-7 Delivery of absentee ballots to polling places.
• §3-3-8 Disposition and counting of absent voters' ballots.
• §3-3-9 Voting in person after having received and after having voted an absent voter's ballot.
• §3-3-10 Challenging of absent voters' ballots.
• §3-3-11 Preparation, number and handling of absent voters' ballots.
• §3-3-12 Rules, regulations, orders, instructions, forms, lists and records pertaining to absentee voting.
• §3-3-13 Absentee voting in municipal elections.

ARTICLE 3B. UNIFORMED SERVICES AND OVERSEAS VOTER PILOT PROGRAM. 

• §3-3B-1 Short title.
• §3-3B-2 Uniformed services members and overseas voter pilot program.
• §3-3B-3 Process for selection by Secretary of State.
• §3-3B-4 Minimum requirements for pilot program voting systems.

ARTICLE 4. VOTING MACHINES. 

• §3-4-1 Use of voting machines authorized.
• §3-4-2 Procedures for adopting voting machines.
• §3-4-3 Procedures for terminating use of voting machines.
• §3-4-4 Duty of county court to acquire machines; provision in some precincts.
• §3-4-5 Acquisition of machines by purchase or lease.
• §3-4-6 Bids and contracts for voting machines; false swearing or failure to disclose facts.
• §3-4-7 Approval of voting machines by state election commission; compensation of experts examining machines.
• §3-4-8 Minimum requirements of voting machines.
• §3-4-9 County court clerk custodian of machines; duties.
• §3-4-10 Ballot labels, instructions and other supplies; vacancy changes; procedure and requirements.
• §3-4-11 Ballot label arrangement in machines; drawing by lot to determine position of candidates on machines; adjustment; records.
• §3-4-12 Inspection of machines; duties of county commission, ballot commissioners and election commissioners; keys and records relating to machines.
• §3-4-12a Supplies by special messenger.
• §3-4-13 Election boards where voting machines used.
• §3-4-14 Instructions and help to voters; voting machine models; facsimile diagrams; sample ballots; legal ballot advertisements.
• §3-4-15 Delivery of machines; time; arrangement for voting.
• §3-4-16 Check of machines before use; corrections; reserve machines.
• §3-4-17 Disrepair of machines in use; reserve machines; counting.
• §3-4-18 Conducting voting machine elections generally; duties of election officers.
• §3-4-19 "Independent" voting in primary elections.
• §3-4-20 Recording and disposition of absent voters' ballots.
• §3-4-21 Assistance to illiterate and disabled voters.
• §3-4-22 Persons prohibited about voting machines; penalties.
• §3-4-23 Voting by challenged voters.
• §3-4-24 Closing polls; counting and reporting returns; duties and procedures.
• §3-4-25 Form and delivery of return sheets.
• §3-4-26 Post-election custody and inspection of machines; canvass and recounts.
• §3-4-27 Incorrect recordation or tabulation of votes; test of machine accuracy; procedures and requirements.
• §3-4-28 Adjustments in voting precincts where machines used.
• §3-4-29 Use of voting machines in municipal elections.
• §3-4-30 Applicability of general laws relating to elections.
• §3-4-31 Tampering with voting machines; other dishonest practices; attempts; penalty.
• §3-4-32 Wilful neglect of duty by officials; penalties.

ARTICLE 4A. ELECTRONIC VOTING SYSTEMS. 

• §3-4A-1 Use of electronic voting systems authorized.
• §3-4A-2 Definitions.
• §3-4A-3 Procedure for adopting electronic voting systems.
• §3-4A-4 Procedure for terminating use of electronic voting systems.
• §3-4A-5 Duty of county commission to acquire vote recording devices, acquire use of automatic tabulating equipment, and provide a central counting center.
• §3-4A-6 Acquisition of vote recording devices by purchase or lease; acquisition of use of automatic tabulating equipment; counting centers.
• §3-4A-7 Bids and contracts for vote recording devices; false swearing or failure to disclose facts.
• §3-4A-8 Approval of electronic voting system by State Election Commission; expenses; compensation of persons examining system.
• §3-4A-9 Minimum requirements of electronic voting systems.
• §3-4A-9a Authorization for ballot-marking voting systems; minimum requirements.
• §3-4A-9b Authorization for precinct ballot-scanning device; minimum requirements.
• §3-4A-10 County clerk to be custodian of vote-recording devices, tabulating equipment and electronic poll books; duties.
• §3-4A-10a Proportional distribution of vote recording devices.
• §3-4A-11 Repealed
• §3-4A-11a Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers.
• §3-4A-12 Repealed
• §3-4A-13 Inspection of ballots, electronic poll books and vote-recording devices; duties of county commission, ballot commissioners and election commissioners; records relating to ballots and vote-recording devices; receipt of election materials by ballot commissioners.
• §3-4A-13a Supplies by special messenger.
• §3-4A-14 Election boards where electronic voting systems used.
• §3-4A-15 Instructions and help to voters; vote-recording device models; facsimile diagrams; sample ballots; legal ballot advertisements.
• §3-4A-16 Delivery of vote-recording devices and electronic poll books; time, arrangement for voting.
• §3-4A-17 Check of vote-recording devices and electronic poll books before use; corrections; reserve vote- recording devices.
• §3-4A-18 Disrepair of vote recording devices in use; reserve vote recording devices.
• §3-4A-19 Conducting electronic voting system elections generally; duties of election officers; penalties.
• §3-4A-19a Form of ballots; requiring the signatures of poll clerks; prohibiting the counting of votes cast on ballots without signatures.
• §3-4A-20 "Independent" voting in primary elections.
• §3-4A-21 Repealed
• §3-4A-22 Assistance to illiterate and disabled voters.
• §3-4A-23 Persons prohibited about voting booths; penalties.
• §3-4A-24 Voting by challenged voter.
• §3-4A-24a Voting by challenged voter where touch-screen electronic voting systems are used.
• §3-4A-25 Closing polls.
• §3-4A-26 Test of automatic tabulating equipment.
• §3-4A-27 Proceedings at the central counting center.
• §3-4A-28 Post-election custody and inspection of vote-recording devices and electronic poll books; canvass and recounts.
• §3-4A-29 Incorrect recordation or tabulation of votes; testing accuracy of vote recording devices and automatic tabulating equipment; procedures and requirements.
• §3-4A-30 Adjustments in voting precincts where electronic voting system used.
• §3-4A-31 Use of electronic voting systems in municipal elections.
• §3-4A-32 Applicability of general laws relating to elections.
• §3-4A-33 Tampering with vote-recording devices, electronic poll books, ballot labels, ballot or ballot cards, program decks, standard validation test decks or other automatic tabulating equipment; other dishonest practices; attempts; penalty.
• §3-4A-34 Wilful neglect of duty by officials; penalties.

ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES. 

• §3-5-1 Time and place of holding primary elections in the year one thousand nine hundred eighty and thereafter; hours polls open.
• §3-5-1a Time and place of holding primary elections held in the year one thousand nine hundred seventy-eight; hours polls open.
• §3-5-2 Delegates to national conventions; alternate delegates.
• §3-5-3 Presidential preference.
• §3-5-4 Nomination of candidates in primary elections.
• §3-5-5 Repealed
• §3-5-6 Election of county board of education members at primary elections.
• §3-5-7 Filing announcements of candidacies; requirements; withdrawal of candidates when section applicable.
• §3-5-8 Filing fees and their disposition.
• §3-5-8a Nominating petitions as alternatives to filing fees; oath of impecuniosity required; petition in lieu of payment of filing fee.
• §3-5-9 Certification and posting of candidacies.
• §3-5-10 Publication of sample ballots and lists of candidates.
• §3-5-11 Withdrawals; filling vacancies in candidacy; publication.
• §3-5-12 Official and sample ballots; color.
• §3-5-13 Form and contents of ballots.
• §3-5-13a Order of offices and candidates on the ballot; uniform drawing date.
• §3-5-14 General provisions applicable to primary elections.
• §3-5-15 Ascertaining and certifying primary election results
• §3-5-16 Return of supplies and certificates.
• §3-5-17 Canvassing and certifying returns; recount procedures.
• §3-5-18 Disposition of certificates of results.
• §3-5-19 Vacancies in nominations; how filled; fees.
• §3-5-20 Election contests and court review.
• §3-5-21 Party conventions to nominate presidential electors; candidates; organization; duties.
• §3-5-22 Other party and group nominations; procedure.
• §3-5-23 Certificate nominations; requirements and control; penalties.
• §3-5-24 Filing of nomination certificates; time.

ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS. 

• §3-6-1 Provisions of article govern general elections; applicability of other provisions of chapter; applicability of article to primary and special elections.
• §3-6-2 Preparation and form of general election ballots.
• §3-6-3 Publication of sample ballots and lists of candidates.
• §3-6-4 Late nominations; stickers.
• §3-6-4a Filing requirements for write-in candidates.
• §3-6-5 Rules and procedures in election other than primaries.
• §3-6-6 Ballot counting procedures in paper ballot systems.
• §3-6-7 Ballot irregularities; procedures.
• §3-6-8 Precinct returns; certificates; procedures.
• §3-6-9 Canvass of returns; declaration of results; recounts; recordkeeping.
• §3-6-10 Certificates of election results.
• §3-6-11 Disposition of certificates.
• §3-6-12 Tie vote procedures.
• §3-6-13 Repealed

ARTICLE 7. CONTESTED ELECTIONS. 

• §3-7-1 Contests for state offices and judgeships; procedure.
• §3-7-2 Procedure of Legislature on contest for office of governor.
• §3-7-3 Contests before special court; procedure; enforcement.
• §3-7-4 Contests of seats in Legislature; notices and procedure.
• §3-7-5 Depositions; subpoenas; time; tie vote decision.
• §3-7-6 County and district contests; notices; time.
• §3-7-7 County court to hear county and district contests; procedure; review.
• §3-7-8 Correction of returns; extent.
• §3-7-9 Costs in election contests.

ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS. 

• §3-8-1 Provisions to regulate and control elections.
• §3-8-1a Definitions.
• §3-8-2 Accounts for receipts and expenditures in elections; requirements for reporting independent expenditures.
• §3-8-2a Detailed accounts and verified financial statements for certain inaugural events; limitations; reporting requirements.
• §3-8-2b Disclosure of electioneering communication.
• §3-8-3 Committee treasurers; required to receive and disburse funds.
• §3-8-4a Termination of political committees.
• §3-8-5 Detailed accounts and verified financial statements required.
• §3-8-5a Information required in financial statement.
• §3-8-5b Where financial statements shall be filed; filing date prescribed.
• §3-8-5c Repealed
• §3-8-5d Offenses and penalties.
• §3-8-5e Precandidacy financing and expenditures.
• §3-8-5f Loans to candidates, organizations or persons for election purposes.
• §3-8-6 Financial statement forms; filing; disposition.
• §3-8-7 Failure to file statement; delinquent or incomplete filing; criminal and civil penalties.
• §3-8-8 Corporation contributions forbidden; exceptions; penalties; promulgation of rules; additional powers of State Election Commission.
• §3-8-9 Lawful and unlawful election expenses; public opinion polls and limiting their purposes; limitation upon expenses; use of advertising agencies and reporting requirements; delegation of expenditures.
• §3-8-10 Use of certain contributions.
• §3-8-11 Specific acts forbidden; penalties.
• §3-8-13 Parties liable and subject to penalties.
• §3-8-14 Effective date of certain criminal offenses.

ARTICLE 9. OFFENSES AND PENALTIES. 

• §3-9-1 False or fraudulent returns; tampering with, destroying or misdelivering ballots, records, etc.; forgeries; aiding, etc., in offense; penalties.
• §3-9-2 Unlawful printing, possession or delivery of ballots; penalties.
• §3-9-3 False swearing; penalties.
• §3-9-4 Commissioner's failure to procure or return supplies; penalties.
• §3-9-5 Destruction or removal of election supplies and equipment; attempts; penalties.
• §3-9-6 Unauthorized presence in election room; three hundred foot limit; penalties.
• §3-9-7 Wrongful refusal or allowance of votes; malicious or frivolous challenges; penalties.
• §3-9-8 Distinguishing marks on ballots; conspiracies; penalties.
• §3-9-9 Other unlawful acts at polling places; penalties.
• §3-9-10 Disorder at polls; prevention; failure to assist in preventing disorder; penalties.
• §3-9-11 Failure to make returns; penalties.
• §3-9-12 Improper influence and bribery by candidates; penalties.
• §3-9-13 Buying or selling vote unlawful; penalties.
• §3-9-14 Unlawful acts by corporations; penalties.
• §3-9-15 Unlawful acts by employers; penalties.
• §3-9-16 Receiving or soliciting bribes by voters; penalties.
• §3-9-17 Illegal voting; deceiving voters; penalties.
• §3-9-18 Unlawful voting in primary elections; penalties.
• §3-9-19 Violations concerning absent voters' ballots; penalties.
• §3-9-20 Obstructing employees' freedom to vote; penalties.
• §3-9-21 Repealed
• §3-9-22 Wagering or betting on elections; penalties.
• §3-9-23 Punishment where penalty not prescribed or where failure to perform duty not specifically made an offense.
• §3-9-24 Limitations on prosecutions.

ARTICLE 10. FILLING VACANCIES. 

• §3-10-1 Elections to fill vacancies.
• §3-10-2 Vacancy in office of governor.
• §3-10-3 Vacancies in offices of state officials, United States senators and judges.
• §3-10-4 Vacancies in representation in Congress.
• §3-10-5 Vacancies in state Legislature.
• §3-10-6 Vacancy in office of circuit court clerk.
• §3-10-7 Vacancies in offices of county commissioner and clerk of county commission.
• §3-10-8 Vacancies in offices of prosecuting attorney, sheriff, assessor and surveyor.

ARTICLE 11. AMENDMENTS TO THE STATE CONSTITUTION. 

• §3-11-1 Proposing amendments to state constitution; withdrawal of proposed amendments.
• §3-11-2 Title and summary of amendment; position on ballot; designation of election for submission of amendment.
• §3-11-3 Publication of proposed amendment by secretary of state.
• §3-11-4 Form of ballot; conduct of election.
• §3-11-5 Certificates of election commissioners; canvass of vote; certifying result.
• §3-11-6 Proclamation of result of election by secretary of state; effective date of amendment ratified.