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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.)
(a) No voter shall receive any assistance in voting an absent voter's ballot in the office of the Clerk unless;
(1) A. His registration record indicates that because of illiteracy, he is unable to read the names on the ballot, or that he has a physical disability which renders him unable to see or mark the ballot, the exact nature of the physical disability being recorded on the registration record; or
B. He shall make an affidavit at the time he makes application for an absent voter's ballot, on such form as may be prescribed by the Secretary of State that because of illiteracy he is unable to read the names on the ballot, or that he has a physical disability which renders him unable to see or mark the ballot, the exact nature of the physical disability being stated therein; and
(2) The Clerk determines that he is illiterate or suffers from the physical disability stated on his registration record or in his affidavit and that such physical disability renders him then unable to see or mark the ballot.
(b) Any voter determined by the Clerk to be qualified to receive assistance in voting an absent voter's ballot under the provisions of this section shall be permitted by such Clerk to select any person who is a registered voter in the City to assist in voting such ballot; provided, that no person shall provide assistance to more than two voters in any election in voting an absent voter's ballot.
(c) Any voter who requests assistance in voting an absent voter's ballot but who is determined by the Clerk not to be qualified for such assistance under the provisions of this section shall nevertheless be permitted to vote a challenged absent voter's ballot with the assistance of any person herein authorized to render assistance. The Clerk shall in such case challenge the absent voter's ballot on the basis of such determination.
(d) Any one or more of the election commissioners or poll clerks in the precinct to which an absent voter's ballot has been sent may challenge such ballot on the ground that the voter thereof received assistance in voting it when in his or their opinion:
(1) Either the registration record or affidavit of the person who received the assistance in voting the absent voter's ballot does not indicate a legally sufficient reason for such assistance; or
(2) The person who received the assistance in voting did not make an affidavit when required by this section to qualify for assistance; or
(3) The person who provided the assistance in voting did not make an affidavit as required by this section; or
(4) The person who received assistance in voting is not so illiterate as to have been unable to read the names on the ballot or that he did not have such a physical disability as to have been unable to see or mark the absent voter's ballot.
The election commissioner or poll clerk, or commissioners or poll clerks, making such challenge shall enter the challenge and reason therefor on the form and in the manner prescribed or authorized by this article.
(e) Before entering the voting booth or compartment, the person who intends to provide a voter assistance in voting shall make an affidavit, the form of which shall be prescribed by the Secretary of State, that he will not in any manner request, or seek to persuade, or induce the voter to vote any particular ticket or for any particular candidate or for or against any public question, and that he will not keep or make any memorandum or entry of anything occurring within the voting booth or compartment, and that he will not directly or indirectly, reveal to any person the name of any candidate voted for by the voter, or which ticket he had voted, or how he had voted on any public question, or anything occurring within the voting booth or compartment or voting machine booth, except when required pursuant to law to give testimony as to such matter in a judicial proceeding.
(f) In accordance with instructions issued by the Secretary of State, the Clerk shall provide a form entitled "List of Assisted Voters," the form of which list shall likewise be that prescribed by the Secretary of State, which list shall be divided into two parts. Part A shall be entitled "Unchallenged Assisted Voters", and Part B shall be entitled "Challenged Assisted Voters." Under Part A the Clerk shall enter the name of each voter receiving unchallenged assistance in voting an absent voter's ballot, the address of the voter assisted, the nature of the disability which qualified the voter for assistance in voting an absent voter's ballot, the fact that such voter made and subscribed to the oath required by this section, the name of the person providing the voter with assistance in voting an absent voter's ballot, the fact that the person rendering the assistance in voting made and subscribed to the oath required by this section, and the signature of the Clerk certifying to the fact that he had determined that the voter who received assistance in voting an absent voter's ballot was qualified to receive such assistance under the provisions of this section. Under Part B the Clerk shall enter the name of each voter receiving challenged assistance in voting, the address of the voter receiving such challenged assistance, the reason for the challenge, and the name of the person providing the challenged voter with assistance in voting. At the close of the period provided for voting an absent voter's ballot by personal appearance, the Clerk shall make and subscribe to an oath on such list that the list is correct in all particulars; if no voter shall have been assisted in voting an absent voter's ballot as hereinprovided, the Clerk of the Circuit Court shall likewise make and subscribe to an oath of that fact on such list. The "List of Assisted Voters" shall be available for public inspection in the office of the Clerk during regular business hours throughout the period provided for voting an absent voter's ballot by personal appearance, and unless otherwise directed by the Secretary of State, the Clerk shall transmit such list, together with the affidavits, applications and absent voters' ballots, to the precincts on election day.
(g) Following the election, the affidavits required by this section from assisted voters and from persons providing assistance in voting, together with the "List of Assisted Voters, " shall be returned by the election commissioners to the Clerk along with the election supplies, records and returns, who shall make such oaths and list available for public inspection and who shall preserve the same until their destruction or other disposition is authorized or directed by the Secretary of State.
(h) The term "assistance in voting" as used in this section shall mean assistance in physically marking the official absent voter's ballot for a voter, or reading or directing the voter's attention to any part of the official absent voter's ballot.
(i) The term "physical disability" as used in this section shall mean only blindness or such degree of blindness as will prevent the voter from seeing the names on the ballot, or amputation of both hands, or such disability of both hands that neither can be used to make cross marks on the absent voter's ballot.
(Ord. 85-13. Passed 4-18-85.)
(a) A person desiring to vote an absent voter's ballot by mail may, not more than 120 days prior to the date of any primary, general or special election in the case of any person outside the continental limits of the United States and not more than sixty days prior to the date of any primary, general or special election in the case of any other person, make application by mail to the Clerk for an official absent voter's ballot or ballots to be voted at such election, except that the Clerk shall not honor any such application for an absent voter's ballot received by him after the fourth day next preceding the date of the election. In computing such fourth day, the day of conducting the election shall be excluded. The application to be used by persons who wish to vote an absent voter's ballot by mail shall be that prescribed by the Secretary of State.
(b) If the person applying for an absent voter's ballot by mail is unable to sign his application because of illiteracy, he shall make his mark on the signature line provided for an illiterate applicant, which mark shall be witnessed.
(c) The "Statement of Physician (Chiropractor)" prescribed by the Secretary of State or such similar document as the Secretary of State may prescribe, must be completed and signed if the reason specified in the application for being unable to vote in person at such election is physical disability, illness or injury, or is anticipated confinement in a hospital, institution or other place for medical reasons.
(d) In lieu of the application for an absent voter's ballot provided above, those persons specified in Section 106.01(b) may use the application for absentee ballot form recommended by and issued under authority of the Federal Voting Assistance Act of 1955, as amended, and any such Federal postcard application does not have to be executed pursuant to oath or attestation in the case of a voter outside the continental limits of the United States.
(e) Upon receipt of a properly completed copy of such form, the Clerk shall process it the same as he would any other application for an absent voter's ballot by mail. Any such properly completed copy may be returned only to the Clerk.
(f) Immediately upon receipt of a completed application for voting an absent voter's ballot by mail, the Clerk shall determine:
(1) Whether the application for voting such ballot has been completed as required by law;
(2) Whether he has evidence that any of the statements contained in the application are not true; and
(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 (f)(1) or (3) hereof is in the negative or as to subsection (f)(2) is in the affirmative, the Clerk shall notify the applicant at the time he mails the absent voter's ballot to him that he will challenge the applicant's privilege to vote an absent voter's ballot by mail for reasons which he shall indicate and, upon receipt of the applicant's absent voter's ballot, the Clerk shall challenge such ballot.
(g) Upon determination by the Clerk that the applicant is entitled to vote an absent voter's ballot by mail or that the applicant will be permitted to vote an absent voter's ballot by mail with such ballot to be challenged by the Clerk, the Clerk (except as provided below) shall between the thirtieth day and the fourth day next prior to the election in which the absent voter's ballot is to be used mail to the applicant the following absentee voting supplies: provided, that the Clerk, except as provided below, mails such voting supplies to an applicant whose address is shown to be outside the continental limits of the United States on the same day the application is received in the Clerk's office or on the next day thereafter that he had both an application and a ballot:
(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 the applicant's affiliation as indicated on his registration card or in case the applicant is not found to be registered by the Clerk but votes a ballot challenged by the Clerk, the Clerk shall send to the applicant an absent voter's ballot 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.
(h) Notwithstanding the time deadlines for mailing ballots set forth in subsection (g) hereof, if special statutory procedures relating to particular elections would make it impossible for the Clerk to mail ballots by the time prescribed above, the Clerk need mail the ballots only when the form or content of the ballot has been determined or when it has otherwise become possible to mail the materials listed above.
(i) Upon receipt of an absent voter's ballot by mail, the voter shall mark the ballot and the voter may have assistance in voting his absent voter's ballot in accordance with the provisions of Section 106.09.
(j) 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) Mail, postage prepaid, sealed absent voter's ballot envelope No. 2 to the Clerk.
(k) 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 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 therein 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 the case of a challenged ballot, to the board of canvassers.
(Ord. 85-13. Passed 4-18-85.)
A person who completes the absent voter's ballot provided for by Section 106.07 may have someone personally deliver the sealed envelope during regular business hours at the office of the Clerk of the county in which he is registered to vote not more than fourteen 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): provided, that no person shall be permitted to personally deliver more than two absentee ballots preceding any election.
(Ord. 85-13. Passed 4-18-85.)
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