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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.)
Absent voters' ballots shall be in all respects like other ballots. Not less than forty-five days prior to the date on which any primary, general or special election is to be held, the Clerk shall estimate and determine the number of absent voters' ballots of all kinds which will be required in their respective counties for any such election. The ballots for the election of all officers, or the ratification, acceptance or rejection of any measure, proposition or other public question to be voted on by the voters, shall be prepared and printed under the direction of the board of ballot commissioners constituted as provided in West Virginia Code Article 3-1, as amended. The ballot commissioners shall prepare and have printed, in such number as they shall determine, .such absent voters' ballots as are to be printed under their directions as hereinbefore provided, and such ballots shall be delivered to the Clerk not less than thirty days prior to the day of the election at which they are used. Before any ballot is mailed or delivered the Clerk shall affix his official seal and he and the other members of the board of ballot commissioners shall place their signatures near the lower left-hand corner on the back thereof. An absent voter's ballot not containing such seal and signatures shall be invalid and shall be subject to challenge by any election commissioner or poll clerk.
Notwithstanding the preceding paragraph, if the time limits set forth therein cannot be adhered to because the procedures of a given election prevent the preparation of ballots until some time after than the delivery date set forth above, the ballots shall be prepared and delivered as soon as is reasonably possible under the circumstances.
The clerk shall be primarily responsible for the preparation, mailing, receiving, delivering and otherwise handling of all absent voters' ballots. He shall keep such record, as may be prescribed by the Secretary of State, of all ballots so delivered for the purpose of absentee voting, as well as all ballots, if any, marked before him, and shall deliver to the commissioner of election to whom the ballots for the precinct are delivered and at the time of the delivery of such ballots a certificate stating the number of ballots delivered or mailed to absent voters, and those marked before him, if any, and the names of the voters to whom such ballots have been delivered or mailed, or by whom they have been marked, if marked before him.
(Ord. 85-13. Passed 4-18-85.)
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