West Virginia CHAPTER 3. — ELECTIONS
- 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-6. — Forms.
- §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;
- §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. — Voting booths within public view to be provided; 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; 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 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 and tabulating equipment; duties.
- §3-4A-10a. — Proportional distribution of vote recording devices.
- §3-4A-11. — Ballot labels, instructions and other supplies; procedure and requirements.
- §3-4A-11a. — Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers.
- §3-4A-12. — Ballot label arrangement in vote recording devices; sealing of devices; record of identifying numbers.
- §3-4A-13. — Inspection of ballots 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; time, arrangement for voting.
- §3-4A-17. — Check of vote recording devices 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; 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, 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.
- §33-5-2. — Application of general laws.
- §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 and ballot labels.
- §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 communications.
- §3-8-3. — Committee treasurers; required to receive and disburse funds.
- §3-8-4. — Treasurers and financial agents; written designation requirements.
- §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.
- 3-8-12. — Additional acts forbidden; circulation of written matter; newspaper advertising; solicitation of contributions; intimidation and coercion of employees; promise of employment or other benefits; limitations on contributions; public contractors; penalty.
- §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.