W. Va. Code R. § 153-38-5

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

Section 153-38-5 - Application for BaUot; Required Materials with Ballot; Voting an Early Voting Ballot by Mail

5.1. Upon oral or written request, the clerk shall provide to any voter of the municipality, in person, by mail, by electronic mail or by facsimile the appropriate application for voting early by mail as provided in W.Va. Code § 3-3A-1et seq.. The voter shall complete and sign the application in his or her own handwriting or, if the voter is unable to complete the application because of illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided.

5.2. Completed applications for voting early by mail are to be accepted when received by the clerk in person, by mail, by electronic mail or by facsimile no more than four weeks prior to the start of early voting, nor less than six days prior to Election Day.

5.3. Upon acceptance of a completed application, the clerk shall determine whether the following requirements have been met:

5.3.a. The application has been completed as required by W.Va. Code § 3-3-2(b)(l)-(3);

5.3.b. The applicant is duly registered to vote in the precinct of his or her residence and, in a primary election, is qualified to vote the ballot of the political party requested; and

5.3.C. The applicant is not making his or her first vote after having registered by postcard registration.

5.3.d. The applicant is making his or her first vote after having registered by postcard registration and has provided a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter, submitted with the application.

5.4. If the clerk determines that the required conditions have been met, two representatives that are registered to vote with different political party affiliations shall sign their names in the places indicated on the back of the official ballot. If the clerk determines the required conditions have not been met, or has evidence that any of the information contained in the application is not true, the clerk shall give notice to the voter that the voter's early voting by mail ballot will be challenged as provided in this rule and shall enter that challenge.

5.5. Within one day after the clerk has received the completed application, the clerk shall mail to the voter at the address given on the application the following items as required and as prescribed by the Secretary of State:

5.5.a. One of each type of official early voting by mail ballot the voter is eligible to vote, prepared according to law;

5.5.b. One envelope, unsealed, which may have no marks except the designation "Early Voter's Ballot Envelope No. 1" and printed instructions to the voter;

5.5.C. One mailing envelope, unsealed, designated "Early Voter's Ballot Envelope No. 2";

5.5.d. Instructions for voting early by mail including:

5.5.d.1. Instructions for marking the ballot, placing it in the secrecy envelope (Envelope No. 1) and the ballot return envelope (Envelope No. 2) and signing the ballot return envelope;

5.5.d.2. A warning that the ballot return envelope must be signed or the ballot will not be counted;

5.5.d.3. A warning that signing someone else's ballot return envelope is illegal;

5.5.d.4. An alternative procedure for any person who is unable to sign a ballot return envelope;

5.5.d.5. A procedure for returning a spoiled ballot should the voter make a mistake or otherwise need a new ballot; and

5.5.d.6. A prominently displayed notice that each ballot must be mailed or brought to the municipal precinct by the close of the early voting period.

5.5.e. For electronic systems, a device for marking by electronically sensible pen or ink, as may be appropriate;

5.5.f. Notice ofthe amount of postage required to return the ballot using First Class USPS postage;

5.5.g. Notice that a list of write-in candidates is available upon request; and

5.5.h. Any other supplies required for voting in the particular voting system.

5.6. The voter shall mark the ballot alone: Provided, That the voter may have assistance in voting according to the provisions of W.Va. Code § 3-3-6.

5.7. After the voter has voted the ballot or ballots to be returned by mail, the voter shall:

5.7.a. Place the ballot or ballots in Envelope no. 1 and seal that envelope;

5.7.b. Place the sealed envelope no. 1 in Envelope no. 2 and seal Envelope no. 2;

5.7.C. Complete and sign the forms on Envelope no. 2; and

5.7.d. Return that Envelope to the clerk.

5.8. Early voting by mail ballots returned by United States mail or other express shipping service are to be accepted if:

5.8.a. If the ballot is returned in person or by other express shipping service, the ballot is received by the clerk no later than the close ofthe early voting period; or

5.8.b. If the ballot is returned by United States Postal Service, the ballot bears a postmark ofthe United States Postal Service dated no later than the close ofthe early voting period and the ballot is received by the clerk no later than the hour at which the board of canvassers convenes to begin the canvass.

5.9. Ballots received after the proper time which cannot be accepted are to be placed unopened in an envelope marked for the purpose and kept secure for twenty-two months following the election, after which time they are to be destroyed without being opened.

5.10. Early voting by mail ballots which are hand delivered are to be accepted if they are received by the clerk no later than the close of the early voting period: Provided, That no person may hand deliver more than two early voting by mail ballots in any election and any person hand delivering an early voting by mail ballot assigned to and voted by a voter, who is not the individual delivering the early voting by mail ballot, is required to certify that he or she has not examined or altered the ballot. Any person who makes a false certification violates the provisions of W.Va. Code § 3-9-1 et seq. and is subject to those provisions.

5.11. Upon receipt of the sealed envelope, the clerk shall:

5.11.a. Enter onto the envelope any information required for tracking;

5.11.b. Enter the challenge, if any, to the ballot;

5.11.c. Enter the required information into the municipality's voter history record of persons applying for and voting an early voting by mail ballot in person; and

5.11.d. Place the sealed envelope into a ballot box that is secured by two locks with a key to one lock kept by a member of the city council and a key to the other lock kept by the clerk.

W. Va. Code R. § 153-38-5