W. Va. Code R. § 153-38-10

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

Section 153-38-10 - Challenging of Early Voting by Mail ballots

10.1. The clerk may challenge an early voting by mail ballot on any of the following grounds:

10.1.a That the application for an early voting by mail ballot has not been completed as required by law;

10.1.b. That any statement or declaration contained in the application for an early voting by mail ballot is not true;

10.1.c. That the applicant for an early voting by mail ballot is not registered to vote in the precinct of his or her residence as provided by law;

10.1.d. That the person voting an early voting by mail ballot by personal appearance in his or her office had assistance in voting the ballot when the person was not qualified for voting assistance because:

(A) The affidavit of the person who received assistance does not indicate a legally sufficient reason for assistance; or

(B) the person who received assistance did not make an affidavit as required by this rule; or

(C) the person who received assistance is not so illiterate as to have been unable to read the names on the ballot or that he or she is not so physically disabled as to have been unable to see or mark the absent voter's ballot; and

10.1.e. That the person who voted an early voting by mail ballot by mail and received assistance in voting the ballot was not qualified under the provisions of this rule for assistance.

10.2. Any one or more of the election commissioners or poll clerks in a precinct may challenge an early voting by mail ballot on any of the following grounds:

10.2.a. That the application for an early voting by mail ballot was not completed as required by law;

10.2.b. That any statement or declaration contained in the application for an early voting by mail ballot is not true;

10.2.C. That the person voting an early voting by mail ballot is not registered to vote in the precinct of his or her residence as provided by law;

10.2.d. That the signatures of the person voting an early voting by mail ballot as they appear on his or her registration record, his or her application for an early voting by mail ballot, and the early voting by mail ballot envelope are not in the same handwriting;

10.2.e. That the person voting an early voting by mail ballot by personal appearance had assistance in voting the ballot when the person was not qualified for assistance because:

(A) The affidavit of the person who received assistance does not indicate a legally sufficient reason for assistance; or

(B) the person who received assistance did not make an affidavit as required by this article; or

(C) the person who received assistance is not so illiterate as to have been unable to read the names on the ballot or that he or she was not so physically disabled as to have been unable to see or mark the early voting by mail ballot;

10.2.f. That the person voted an early voting by mail ballot by mail and received assistance in voting the ballot when not qualified under the provisions of this rule for assistance;

10.2.g. That the person who voted the early voting by mail ballot voted in person at the polls on election day; and

10.2.h. On any other ground or for any reason for which the ballot of a voter voting in person at the polls on election day may be challenged.

10.3. Forms for challenging an early voting by mail ballot under the provisions of this rule are to be prescribed by the Secretary of State.

10.4. Early voting by mail ballots challenged by the clerk under the provisions of this rule are to be transmitted by the clerk directly to the board of canvassers. The early voting by mail ballots challenged by the election commissioners and poll clerks under the provisions of this rule may not be counted by the election officials but are to be transmitted by them to the board of canvassers. Action by the board of canvassers on challenged early voting by mail ballots is to be governed by the provisions of W.Va. Code § 3-1-41.

W. Va. Code R. § 153-38-10