There Is a Newer Version of the West Virginia Code
2005 West Virginia Code - 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.
Disclaimer: These codes may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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