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Home » US Law » 2022 West Virginia Code » Chapter 3. Elections » Article 3. Voting by Absentees

§3-3-1. Persons Eligible to Vote Absentee Ballots

(a) All registered and other qualified voters of the county may vote an absentee ballot during the period of early voting in person. (b) Registered voters and other qualified voters in the county are authorized to vote an absentee ballot by mail in the following circumstances: (1) Any voter who is confined to a specific […]

§3-3-10. Challenging of Absent Voters' Ballots

(a) The official designated to supervise and conduct absentee voting may challenge an absent voter's ballot on any of the following grounds: (1) That the application for an absent voter's ballot has not been completed as required by law;

§3-3-11. Preparation, Number and Handling of Absent Voters' Ballots

(a) Absent voters' ballots are to be in all respects like other ballots. Not less than seventy days before the date on which any primary, general or special election is to be held, unless a lesser number of days is provided in any specific election law in which case the lesser number of days applies, […]

§3-3-13. Absentee Voting in Municipal Elections

The provisions of this article relating to absentee voting shall apply to all municipal elections, except where clearly not adaptable thereto, and the governing bodies of the several municipalities of the state shall by ordinance implement the provisions hereof so as to develop and provide a complete and satisfactory absentee voting system for municipal elections.

§3-3-1a. Definitions

For the purposes of this article, the following terms have the following definitions: (1) “Disability” means a physical or mental impairment that substantially limits one or more major life activities.

§3-3-2. Authority to Conduct Absentee Voting; Absentee Voting Application; Form

(a) Absentee voting is to be supervised and conducted by the proper official for the political division in which the election is held, in conjunction with the ballot commissioners appointed from each political party, as follows: (1) For any election held throughout the county, within a political subdivision or territory other than a municipality, or […]

§3-3-2a. Early Voting Areas; Prohibition Against Display of Campaign Material

(a) The county commission shall designate the courthouse or annex to the courthouse as the primary location for early in-person voting and, in addition, the commission may designate other locations as provided in subsection (b) of this section. (b) The county commission may, with the approval of the county clerk or other official charged with […]

§3-3-2b. Special Absentee Voting List

(a) Any person who is registered and otherwise qualified to vote and who is physically disabled and unable to vote in person at the polls in an election may apply to the official designated to supervise and conduct absentee voting for placement on the special absentee voting list. (b) Any person who is registered and […]

§3-3-3. Early Voting in Person

(a) The voting period for early in-person voting is to be conducted during regular business hours beginning on the thirteenth day before the election and continuing through the third day before the election. Additionally, early in-person voting is to be available from 9:00 a.m. to 5:00 p.m. on Saturdays during the early voting period. (b) […]

§3-3-5. Voting an Absentee Ballot by Mail or Electronically; Penalties

(a) Upon oral or written request, the official designated to supervise and conduct absentee voting shall provide to any voter of the county, in person, by mail, or electronically, the appropriate application for voting absentee as provided in this article. The voter shall complete and sign the application in his or her own handwriting or, […]

§3-3-5a. Processing Federal Postcard Applications

When a federal postcard registration and absentee ballot request (FPCA), as defined in subdivision (2), subsection (b), section two of this article, is received by the official designated to supervise and conduct absentee voting, the official shall examine the application and take the following steps: (1) The official shall first enter the name of the […]

§3-3-5c. Procedures for Voting an Emergency Absentee Ballot by Qualified Voters

(a) Notwithstanding any other provision of this chapter, a person qualified to vote an emergency absentee ballot, as provided in §3-3-1(c) of this code, may vote an emergency absentee ballot under the procedures established in this section. The county commission may adopt a policy extending the emergency absentee voting procedures to: (1) Qualified voters in […]

§3-3-6. Assistance to Voter in Voting an Absentee Ballot by Mail

(a) No voter shall receive any assistance in voting an absentee ballot by mail unless he or she shall make a declaration at the time he or she makes application for an absentee ballot that because of blindness, physical disability, advanced age, or inability to read or write he or she requires assistance in voting […]

§3-3-7. Delivery of Absentee Ballots to Polling Places

(a) Except as otherwise provided in this article, in counties using paper ballots systems or voting machines, the absentee ballots of each precinct, together with the applications for the absentee ballots, the affidavits made in connection with assistance in voting and any forms, lists and records as may be designated by the Secretary of State, […]

§3-3-8. Disposition and Counting of Absent Voters' Ballots

(a) In counties using paper ballots, all absentee ballots shall be processed as follows: (1) The ballot boxes containing the absentee ballots shall be opened in the presence of the clerk of the county commission and two representatives of opposite political parties;