W. Va. Code R. § 153-13-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-13-3 - Early Voting Community Voting Location Selection; Emergency Location Changes

3.1. No less than 120 days prior to election day, the clerk shall submit a proposal for an early voting community voting location in writing to the County Commission for approval or disapproval.

3.2. The proposal submitted by the clerk shall include:

3.2.1. The proposed location or locations for early voting community voting locations;

3.2.1.a. The proposed location must be in a permanent structure, with preference given to public buildings, and capable of being secured during times when election officials are not present;

3.2.1.b. The proposed location must have secure access to the internet, or telephone access, for purposes of immediately crediting the voters vote.

3.2.2. Provisions for staffing the community voting locations including a minimum of two persons as provided for in W. Va. Code § 3-3-2a(d)(4): Provided, That the two (2) persons may not be registered with the same political party affiliation or two (2) persons registered with no political party affiliation. The persons may be full-time employees of the county or temporary employees hired for the period of early voting or volunteers; and

3.2.3. Any other procedures necessary for the proper conduct of an election according to provisions of W. Va. Code §§ 3-1-1et seq., 3-3-2a and 3-3-3, and section five (5) of this rule, at the early voting community voting locations.

3.3. In order to assure neutrality in the community voting location selection process:

3.3.1. The county executive committees of the two major political parties may nominate sites to be used as community voting locations during the early voting period pursuant to W. Va. Code § 3-3-2a(b)(3). Nominations under this section shall be made by written request to the clerk delivered no later than 150 days prior to election day, and shall clearly list the address(es) and neutrality criteria listed in Subdivision 3.3.2 for each proposed community voting location. Upon the clerk's approval of the written proposal, the clerk shall submit the proposal to the county commission prior to the notice deadline set forth in Subsection 3.1 of this rule: Provided, That pursuant to the clerk's authority under W. Va. Code § 3-3-2a(b), delinquent nominations by county executive committees shall not prohibit the clerk from approving or submitting a proposal to the county commission within the deadlines set forth by law and this rule.

3.3.2. The clerk shall submit to the county commission the basis for the neutrality of the proposal. Neutrality may be assured by taking into account all or part of the following factors:

3.3.2.a. Distance from the main early voting location;

3.3.2.b. Population centers of the county;

3.3.2.c. Historic voting turnout rates of the proposed location compared to the county as a whole;

3.3.2.d. Political party affiliation ratio of registered voters in the precinct of the proposed community voting location balanced against the affiliation ratio of the county as a whole or balanced against the affiliation ration of other proposed community voting locations.

3.4. The county commission shall approve or disapprove the proposal submitted by the clerk no less than 90 days prior to election day. An early voting community voting location may continue to be used in subsequent elections without complying with the approval process if the county commission finds, and the clerk agrees, at least 50 days, but not more than 80 days, prior to the election, that the location continues to qualify under this rule according to W. Va. Code § 3-3-2a(b)(8).

3.5. No later than 60 days prior to election day, in the case of an emergency that results in the unavailability of a designated community voting location, the county commission may enter an order to move the community voting location with the clerk's approval under W. Va. Code § 3-3-2a(b). Reasonable notice of the ordered change shall be given to the public in a clear and conspicuous manner, which may include but is not limited to public announcements, news media, social media, and posting on the county's website.

3.6. After the deadline has passed for an emergency community voting location change under Subsection 3.5, if for any reason the election cannot be held at the designated community voting location and no provision has been made by the county commission for holding the election at another place, the election workers for that precinct may hold the election at the nearest place which they can secure for the purpose. They shall make known by proclamation to voters present at the time for opening the polls, and by posting a notice at or near the entrance of the first named community voting location, the address to the new community voting location. The county commission shall establish another place of voting for that community voting location with the clerk's approval under W. Va. Code § 3-3-2a(b) as soon thereafter as practicable.

W. Va. Code R. § 153-13-3