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(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.)
No voter shall receive any assistance in voting an absent voter's ballot by mail unless he shall make a declaration at the time he makes application for an absent voter's ballot that because of illiteracy he is unable to read the names on the ballot, or that he has a physical disability, illness or injury which renders him unable to see or mark the ballot, the exact nature of the physical disability, illness or injury being stated therein, and in the event assistance in voting is based upon physical disability, illness or injury a declaration from a physician or chiropractor that because of such physical, illness or injury the applicant will need assistance in voting an absent voter's ballot.
Upon receipt of an absent voter's ballot by mail, the voter who requires assistance is voting such ballot and who has indicated his need for such assistance and the reasons therefor on his application, and has had the physician's or chiropractor's declaration completed when applicable, may select any person to assist him in voting.
The person receiving assistance in voting an absent voter's ballot by mail shall make a declaration either on absent voter's ballot envelope No. 2, or on a form as may be prescribed by the Secretary of State, by whom he was assisted in voting his absent voter's ballot.
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.
(Ord. 85-13. Passed 4-18-85.)
The absent voters' ballots of each precinct, together with the applications therefor, the affidavits made in connection with assistance in voting, and such forms, lists and records as may be designated by the Secretary of State, shall be delivered in a sealed carrier envelope to the election commissioner of the precinct at the time he picks up the official ballots and other election supplies as provided in West Virginia Code 3-1-24.
An absent voter's ballot shall be delivered by the Clerk to the election commissioners of the precinct in which the voter therefor is registered or if not found to be registered to the election commissioner of the precinct in which his residence as stated on the voter's application is located.
Absent voters' ballots received after the election commissioner has picked up the official ballots and other election supplies for the precinct shall be delivered to the election commissioner of the precinct who has been so designated under aforementioned West Virginia Code 3-1-24, by the Clerk in person, or by messenger, before the closing of the polls, provided such ballots are received by the Clerk in time to make such delivery.
(Ord. 85-13. Passed 4-18-85.)
Immediately after the closing of the polls on election day, and before the operating lever or mechanism of the voting machines (in the event the use of voting machines should be allowed) are locked and sealed as provided in West Virginia Code 3-3-24, the election commissioners and poll clerks of the precinct, in the presence of each other, shall open the carrier envelope in which are enclosed the absent voters' ballots for that precinct.
After the carrier envelope has been opened, each of the election commissioners and poll clerks shall examine each of the sealed absent voter's ballot envelopes No. 2 contained therein, as well as the information contained thereon, the application for such ballot, the affidavits, records and lists, if any, made, prepared or authorized under the provisions of this article which relate thereto, and make a decision as to each ballot whether a challenge is or is not to be made to such ballot. The appropriate form indicating the challenge shall be completed as to each ballot challenged by one or more of the election commissioners or poll clerks. Each ballot challenged shall remain sealed in absent voter's ballot envelope No. 2 and be deposited in the box or envelope for challenged ballots.
The election commissioners and poll clerks shall next determine whether any challenge has been made to any absent voter's ballot by any registered voter in the county under the provisions of Section 106.12. Each such ballot challenged shall remain sealed in absent voter's ballot envelope No 2 and be deposited in the box or envelope for challenged ballots.
The election commissioners and poll clerks, in the presence of each other, shall then open, in a manner as not to deface or destroy the information thereon, all of the absent voter's ballot envelopes No. 2 which contain ballots not challenged and remove therefrom the absent voter's ballot envelopes No. 1. These envelopes shall then be shuffled and intermingled.
The election commissioners and poll clerks, in the presence of each other, shall next open all of the absent voter's ballot envelopes No. 1 and remove the ballots therefrom. The poll clerks shall write their names on the back of each of such ballots in the same manner as other ballots are required to be endorsed by the poll clerks at precinct voting. The poll clerks shall then indicate with the letter "a" in the appropriate place on the registration record the fact that the voter had voted by absent voter's ballot in that election, and shall enter the absent voter's name on the poll book.
An election commissioner shall thereupon deposit the absent voters' ballots in the ballot box in those counties not using voting machines. In the event that the use of voting machines is authorized, the election commissioners shall, before locking and sealing the operating levers or mechanism on the voting machines, record such ballots on the voting machines. Such recording of absent voters' ballots shall be done by one of the election commissioners, and the act of casting such votes shall be performed in the presence, and under the careful observation and full view, of all election commissioners and poll clerks, and the votes as indicated by voting pointers fully carries out the intent of the voter as shown by the cross marks on the paper ballots. After the absent voters' ballots have been recorded on the voting machine, they shall be enclosed in a sealed package, properly endorsed and returned and filed with the statement of returns.
(Ord. 85-13. Passed 4-18-85.)
(a) Any person who has applied for and received an absent voter's ballot but has not voted and returned the same to the Clerk may vote in person at the polls on election day provided he returns such absent voter's ballot to the election commissioners at the polling place. In such case the absent voter's ballot shall be destroyed by the election commissioners in the presence of the voter, and one of the poll clerks shall make a notation of such fact as directed by instructions issued by the Secretary of State. In the event such person does not return the absent voter's ballot, he shall have his vote challenged by one or more of the election commissioners or poll clerks.
(b) Any person who has voted an absent voter's ballot under authority of Section 106.01(c) who is present in the county in which he is registered to vote between the opening and closing of the polls on election day, and any person who has voted an absent voter's ballot under authority of Section 106.01(a) who is or becomes able to vote in person at the polls on election day, shall go to the polling place in the precinct of his residence on election day and vote in person and ask that the absent voter's ballot voted by him be destroyed in his presence. In such case one of the poll clerks shall make a notation of such fact as directed by instructions issued by the Secretary of State.
(c) In the event a person who has voted an absent voter's ballot votes in person at the polls on election day and fails to notify the election commissioners and poll clerks that he had previously voted an absent voter's ballot in such election and the election commissioners and poll clerks fail to discover such fact at the time of voting in person, they shall, following the closing of the polls, challenge the absent voter's ballot of such person.
(d) The absent voter's ballot of any such person described in subsection (b) hereof who fails to go to the polling place in the precinct of his residence on election day and vote in person shall be subject to challenge by any one or more of the election commissioners or poll clerks or by any registered voter in the County who has personal knowledge that such person was either in the County between the opening and closing of the polls on election day or was able to vote in person at the polls on election day, as the case may be: provided, that any such challenge by a registered voter shall be made by affidavit, the form of which shall be prescribed by the Secretary of State.
(Ord. 85-13. Passed 4-18-85.)
(a) The Clerk may challenge an absent voter's ballot on any of the following grounds:
(1) That the application for an absent voter's ballot has not been completed as required by law;
(2) That any statement or declaration contained in the application for an absent voter's ballot is not true;
(3) That the applicant for an absent voter's ballot is not registered to vote in the precinct of his residence as provided by law;
(4) That the person voting an absent voter's ballot by personal appearance in his office had assistance in voting such ballot when the person was not qualified for such voting assistance because:
A. The affidavit of the person who received such assistance does not indicate a legally sufficient reason for such assistance; or
B. The person who received such assistance did not make an affidavit as required by this article; or
C. The person who received such assistance is not so illiterate as to have been unable to read the names on the ballot or that he is not so physically disabled as to have been unable to see or mark the absent voter's ballot; and
(5) That the person who voted an absent voter's ballot by mail and received assistance in voting such ballot, was not qualified under the provisions of this article for such assistance.
(b) Any one or more of the election commissioners or poll clerks in a precinct may challenge an absent voter's ballot on any of the following grounds:
(1) That the application for an absent voter's ballot was not completed as required by law;
(2) That any statement or declaration contained in the application for an absent voter's ballot is not true;
(3) That the person voting an absent voter's ballot is not registered to vote in the precinct of his residence as provided by law;
(4) That the signatures of the person voting an absent voter's ballot as they appear on his registration record, his application for an absent voters' ballot, and the absent voter's ballot envelope are not in the same handwriting;
(5) That the absent voter's ballot does not have thereon the official seal of the Clerk and all signatures of members of the board of ballot commissioners;
(6) That the person voting an absent voter's ballot by personal appearance in the office of the Clerk had assistance in voting such ballot when the person was not qualified for such assistance because:
A. The affidavit of the person who received such assistance does not indicate a legally sufficient reason for such assistance; or
B. The person who received such assistance did not make an affidavit as required by this article; or
C. The person who received such assistance is not so illiterate as to have been unable to read the names on the ballot or that he was not so physically disabled as to have been unable to see or mark the absent voter's ballot;
(7) That the person voted an absent voter's ballot by mail and received assistance in voting such ballot when not qualified under the provisions of this article for such assistance;
(8) That the person who voted the absent voter's ballot voted in person at the polls on election day;
(9) That the person voted an absent voter's ballot under authority of Section 106.01(c) of this article and is or was present in the county in which he is registered to vote between the opening and closing of the polls on election day;
(10) That the person who voted an absent voter's ballot had died before election day;
(11) That the person voted an absent voter's ballot under authority of Section 106.01(a) and was able to vote at the polls on election day; and
(12) On any other ground or for any reason on which or for which the ballot of a voter voting in person at the polls on election day may be challenged.
(c) Any registered voter in the City may challenge an absent voter's ballot voted under authority of Section 106.01(c) on the ground that the voter of such ballot is or was in the City in which he is registered to vote between the opening and closing of the polls on election day and may challenge an absent voter's ballot voted under authority of Section 106.01(a) on the ground that the voter of such ballot was able to vote at the polls on election day.
(d) Forms for, and the manner of, challenging an absent voter's ballot under the provisions of this article shall be prescribed by the Secretary of State.
(e) Absent voters' ballots challenged by the Clerk under the provisions of this article shall be transmitted by the Clerk directly to the board of canvassers; and the absent voters' ballots challenged by the election commissioners, poll clerks and registered voters of the County under the provisions of this article shall not be counted by the election officials but shall be transmitted by them to the board of canvassers.
(Ord. 85-13. Passed 4-18-85.)
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