106.01 Persons eligible to vote absent voters' ballots.
106.02 Absentee voting methods.
106.03 Voting booths to be within public view; display of campaign material prohibited.
106.04 Special absentee voting list.
106.05 Voting absent voter's ballot by personal appearance.
106.06 Assistance to voter in voting absent voter's ballot by personal appearance.
106.07 Voting an absent voter's ballot by mail.
106.08 Hand delivery of absent voter's ballot.
106.09 Assistance to voter in voting an absent voter's ballot by mail.
106.10 Delivery of absent voters' ballots to polling places.
106.11 Disposition and counting of absent voters' ballots at the polling place.
106.12 Voting in person after having received and after having voted an absent voter's ballot.
106.13 Challenging of absent voters' ballots.
106.14 Preparation, number and handling of absent voters' ballots.
106.15 Construction and definitions.
CROSS REFERENCES
Absentee voting in municipal elections - see W. Va. Code 3-13-3
The following persons who are duly registered and otherwise qualified to vote may vote an absent voter's ballot in any primary, general or special election in accordance with the provisions of this article:
(a) Any person who by reason of physical disability, illness or injury will be unable to vote in person at the polls in such election;
(b) Any person who is:
(1) A member of the armed forces while in the active service, and his spouse and dependents; or
(2) A member of the merchant marine of the United States, and his spouse and dependents; or
(3) A citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia and his spouse and dependents when residing with or accompanying him;
(c) Any person, other than a person meeting the qualifications described in subsection (b) hereof, who is required to be absent from the county in which he is registered to vote during the entire time the polls are open in such election; or
(d) Any person who has been appointed to serve as an election commissioner or poll clerk in a precinct other than the one in which he is registered to vote.
(Ord. 85-13. Passed 4-18-85.)
An absent voter's ballot may be voted by mail or by personal appearance at the office of the Clerk as provided in this section.
(a) His application for an absent voter's ballot directs that the absent voter's ballot be mailed to an address out of Harrison County;
(b) The envelope in which his absent voter's ballot is mailed is postmarked at an address outside the County; and
(c) He is required to be absent from the county in which he is registered to vote during regular business hours of the office of the Clerk throughout the period, or throughout the remainder of the period, of voting an absent voter's ballot by personal appearance at the Clerk's office.
Any person described in Section 106.01(b) to (d) and any person described in Section 106.01(a) of this article whose physical disability on the date of the election is anticipated by reason of commitment to a hospital, institution or other confinement for childbirth or other medical reasons, may vote an absent voter's ballot by personal appearance at the office of the Clerk. (Ord. 85-13. Passed 4-18-85.)
Throughout the period during which absent voter ballots may be voted in the Clerk's office as provided elsewhere in this article, the Clerk shall provide or maintain in his office one or more booths or compartments, each containing a table, counter or shelf, and furnished with proper supplies for preparing ballots, at or in which voters may conveniently prepare their ballots, so that in the preparation thereof they may be secure from the observation of others. Such booths or compartments shall be so placed within the Clerk's office as to be separate from, but within the clear view of, the entrance area accessible to the public conducting normal business in the Clerk's office. If the compartment to be used for the purpose of voting is a room otherwise used as a portion of the Clerk's office, the entrance to such room shall be within the clear view of the entrance area accessible to the public conducting normal business in the Clerk's office, and no other person, including but not limited to the circuit clerk and ballot commissioners, shall be permitted to pass through the entrance to such voting room during the period in which it is occupied by any one voter while preparing his ballot.
Throughout the period during which absent voter ballots may be voted in the Clerk's office as provided elsewhere in this article, it shall be the duty of the Clerk to prohibit the display in any manner of any literature or material of any kind urging the voting for or against any candidate or candidates or public question or questions within the whole area of the Clerk's office or within sixty feet thereof. The Clerk is hereby authorized to direct the City police to enforce such prohibition.
(Ord. 85-13. Passed 11-18-85.)
Notwithstanding the provisions contained in West Virginia Code 3-2-25, as amended, any person who is registered and otherwise qualified to vote and who is permanently and totally physically disabled and who is unable to vote in person at the polls in an election, may apply to the office of the Clerk to have such person's name placed upon a special absentee voting list. The special absentee voting list shall be kept by the Clerk in a bound book maintained for such purpose.
The application shall be that prescribed by the Secretary of State.
(Ord. 85-13. Passed 4-18-85.)
(a) A person desiring to vote an absent voter's ballot by personal appearance may appear during regular business hours at the office of the Clerk to vote not more than fifteen days before the election and on any day thereafter up to and including the Saturday next preceding the date of the primary or general election or, in the case of special elections, up to and including the third day next preceding the day of any such special election (in computing such third day, the day of conducting the special election shall be excluded), and upon oral request receive an application for an official absent voter's ballot or ballots to be voted at such election, which application shall be that prescribed by the Secretary of State
(b) The application shall be completed by the applicant in his own handwriting, or in the handwriting of the witness to his mark in the event of illiteracy, in the office of the Clerk. In no event shall the applicant remove an application for voting an absent voter's ballot by personal appearance from such office except when such is necessary to have a physician or chiropractor complete and sign the declaration of a physician or chiropractor when such is required.
(c) Immediately upon receipt of a completed application for voting an absent voter's ballot by personal appearance, the Clerk shall determine:
(1) Whether such application has been completed as required by law;
(2) Whether he has evidence that any of the statements or declarations contained in the application are not true;
(3) Whether the applicant is in fact duly registered in the precinct of his residence as provided by law and insofar as registration is concerned would be permitted to vote at the polls in such election.
If the determination of the Clerk as to subsection (c)(1) or (3) hereof is in the negative or as to subsection (c) (2), is in the affirmative, the Clerk shall, if the applicant insists, permit the applicant to vote an absent voter's ballot by personal appearance, but the Clerk shall challenge the absent voter's ballot on the basis of such determination.
(d) Upon determination by the Clerk that the applicant is entitled to vote an absent voter's ballot by personal appearance or in case the applicant determines to vote an absent voter's ballot challenged by the clerk of the circuit court as provided in subsection (c) hereof, the Clerk of the Circuit Court shall hand to him the following absentee voting supplies:
(1) One official absent voter's ballot (or ballots if more than one are to be used) which has been prepared in accordance with law for use in such election. Such ballot in the case of a primary election shall be of the party of applicant's affiliation as indicated on his registration record or in case the applicant is not found to be registered by the Clerk but insists upon voting a challenged ballot, the ballot shall be of the party designated by the applicant in his application;
(2) One absent voter's ballot envelope No. 1, unsealed, which shall have no writing thereon except the designation "Absent Voter's Ballot Envelope No. 1";
(3) One absent voter's ballot envelope No. 2, unsealed.
(e) The voter shall thereupon retire alone to the booth or compartment provided in the Clerk' s office for voting absent voters' ballots and there mark his ballot; provided, that the voter may have assistance in voting his absent voter's ballot in accordance with the provisions of Section 106.06. After the voter has voted his absent voter's ballot, he shall:
(1) Enclose the same in absent voter's ballot envelope No. 1, and seal that envelope;
(2) Enclose sealed absent voter's ballot envelope No. 1 in absent voter's ballot envelope No. 2 and seal that envelope;
(3) Complete and sign the forms, if any, on absent voter's ballot envelope No. 2 according to the instructions thereon; and
(4) Transmit possession of sealed absent voter's ballot envelope No. 2 to the Clerk.
(f) Upon receipt of such sealed envelope, the Clerk shall:
(1) Enter onto the envelope such information as may be required of him according to the instructions thereon;
(2) Enter his challenge, if any, to the absent voter's ballot;
(3) Enter the required information into a record of persons making an application for and voting an absent voter's ballot by personal appearance or by mail (the form of which record and the information to be entered thereon shall be prescribed by the Secretary of State); and
(4) Place such sealed envelope in a secure location in his office, there to remain until delivered to the polling place in accordance with the provisions of this article or in case of a challenged ballot.
(Ord. 85-13. Passed 4-18-85.)
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