(a) Absentee Voting by Mail. Persons Eligible: 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 section:
(1) To a military, (who, once making the request, automatically remains on the list for 2 years) or overseas voter,
(2) To a person voting absentee because of being out of the county on election day and throughout the period of early voting in person.
(3) To a person voting absentee because of physical illness, disability or hospitalization making them unable to vote in person.
(4) To a person incarcerated in a detention facility, but not under conviction of a felony.
(5) To a person on personal or business travel, if the ballot is mailed to an out- of-county address. (State Code 3-3-1)
(b) Early Voting in Person.
(1) Beginning 20 days before the election and ending 3 days before the election any voter is permitted to vote during the early in-person voting period. A voter does not have to provide a reason for voting during this time. However, you will need the voter to sign a poll slip, just like they would at the polls on election day.
(2) Early voting must be available during office hours established by the municipal office in charge of the election. If the established hours are different from the regular business hours of other municipal agencies, then the hours established by the office in charge of the election shall be followed. (State Code 3-3-5)
(Passed 10-7-13)
(c) Obtaining Ballot.
(1) A person desiring to vote an absent voter’s ballot by mail may, not earlier than the first day of January 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 the primary, general or special election in the case of any other person, make application by mail to the Clerk to vote for an official absentee voter’s ballot or ballots to be voted at such election, except that the Clerk shall not honor any such application for an absentee 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 absentee voter’s ballot by mail shall be prescribed by the Secretary of State and shall be in substantially the following form:
(Passed 2-3-86.)
APPLICATION FOR VOTING AN ABSENTEE VOTER'S
BALLOT BY MAIL
KNOWING THAT I CAN BE FINED NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONED IN THE COUNTY JAIL FOR A PERIOD OF NOT MORE THAN ONE YEAR OR BOTH SUCH FINE AND IMPRISONMENT FOR KNOWINGLY MAKING A FALSE STATEMENT OR PRESENTATION HEREIN, I ,hereby declare that I am now, or will have been a resident of the State of West Virginia for twelve months, and of the city of , for sixty days, next preceding the date of the ensuing election to be held on the day of , 20 __ ; that I now reside at (full address) in the magisterial district of in said county; that I am a duly qualified voter entitled to vote in such election; that I am registered in the precinct of my residence as provided by law; that I am registered as a (political party if ballot is for primary election) , and that (strike out numbered paragraphs not applicable and complete the numbered paragraph which is applicable):
(1) I will be unable to vote in person at the polls at election day because of (particulars of physical disability. illness or injury) , as evidenced below by the statement of a duly licensed physician or chiropractor.
(2) I anticipate commitment to a hospital, institution or other confinement on or about the __ day of , 20 _ , for the following medical reasons , as evidenced below by the statement of a duly licensed physician or chiropractor, and by reason thereof will not be able to vote in person at the polls in such election.
(3) I expect to be absent from the aforementioned county in which I am registered to vote during the entire time the polls are open in such election and I am (check one applicable):
A member of the armed forces in the active service.
A spouse or dependent of a member of the armed forces in active service.
A member of the merchant marine of the United States.
A spouse or dependent of a member of the merchant marine of the United States.
A citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia.
A spouse or dependent residing with or accompanying a citizen of the United States temporarily residing outside the territorial limits of the United States and the District of Columbia.
(4) I am required to be absent from the aforementioned city in which I am registered during the entire time the polls are open in such election for the reason or reasons hereafter stated; I am not in any of the categories referred to in paragraph (3) above, I am required to be absent from said city during regular business hours of the clerk of the city of said municipality throughout the period or throughout the remainder of the period of voting an absentee voter's ballot by personal appearance at said office. (state reason(s) for required absence from county on election day) .
(5) I have been appointed (election commissioner or poll clerk) in precinct No. in said election, which precinct is not the precinct in which I am registered to vote.
In consideration of the foregoing qualifications, I hereby make application for an official absentee voter's ballot (or ballots if more than one are to be used) to be voted by me at such election, and request that such ballot or ballots be mailed to me at the following address:
(full address for mailing purposes
(Complete the following paragraph only if assistance will be needed in voting an absentee voter's ballot)
I further declare that I will need assistance in voting an absentee voter's ballot for the following reasons (illiteracy or exact nature of physical disability illness or injury)
I hereby declare under the penalties for false swearing, that the statements and declarations contained in this application are true and correct to the best of my knowledge and belief.
(Signature of applicant)
(or in case the applicant is illiterate he
shall make his mark and have it witnessed on the following lines:)
(mark of applicant)
(signature of witness)
(2) If the person applying for an absentee voter's ballot by mail be unable to sign his application because of illiteracy, he shall make his mark on the signature line above provided for an illiterate applicant which mark shall be witnessed.
(3) The following declaration must be completed and signed if the reason specified in the above 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.
STATEMENT OF PHYSICIAN (CHIROPRACTOR)
I, , hereby declare that I am a physician (chiropractor) duly licensed to practice in the State of ; that I last examined , the applicant whose signature appears or the application above on the day of ,20 ; and that in my opinion (strike out numbered paragraph not applicable and complete the numbered paragraph which is applicable).
(1) The applicant will, because of (state particulars of physical disability, illness or injury) , be unable to go to the polls on the day of , 20 ; the date of the election.
(2) The applicant will, because of (state for what medical reasons) , be confined in (specify hospital, institution or other place) , on or about the day of , 20 , the date of the election.
(complete the following paragraph if applicant for absentee voter’s ballot will need assistance in voting such ballot, based upon physical disability, illness or injury)
I am of the further opinion that applicant (will) (will not) , because of the aforementioned physical disability, illness or injury need assistance in voting an absentee voter’s ballot.
Signature of Physician (Chiropractor)
(4) In lieu of the application for an absentee voter's ballot provided above, those persons specified in subsection (a)(2) hereof may use the application for absentee ballot form recommended by, and issued under authority of, the federal Voting Assistance Act of 1955, as amended.
(5) Upon receipt of a properly completed copy of such form, the Clerk shall process the same as he would any other application for an absentee voter's ballot by mail. Any such properly completed copy may be returned only to the Clerk in which the applicant is a registered voter.
(6) Immediately upon receipt of a completed application for voting an absentee voter's ballot by mail, the Clerk shall determine:
A. Whether the application for voting such ballot has been completed as required by law;
B. Whether he has evidenced that any of the statements contained in the application are not true; and
C. 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.
(7) If the determination of the Clerk as to subsection (c)(6)A. or C. is in the negative or as to subsection (c)(6)B. is in the affirmative, the Clerk shall notify the applicant at the time he mails the absentee voter's ballot to him that he will challenge the applicant's privilege to vote an absentee voter's ballot by mail for reasons which he shall indicate and upon receipt of the applicant's absentee voter's ballot the Clerk shall challenge such ballot.
(1978 Code Sec. 6-19.)
(8) Upon determination by the Clerk that the applicant is entitled to vote an absentee voter's ballot by mail or that the applicant will be permitted to vote an absentee voter's ballot by mail with such ballot to be challenged by the Clerk, the Clerk shall between the forty-second day and the fourth day preceding the election in which the absentee voter's ballot is to be used, mail to the applicant the following absentee voting supplies; provided, that the Clerk mail such voting supplies to an applicant whose address is shown to be outside the continental limits of the United States by priority airmail on the same day the application is received in the Clerk's office or on the next day thereafter that he has both an application and a ballot.
(Passed 2-3-86.)
A. One official absentee 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 the 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 absentee voter's ballot to the party designated by the applicant in his application.
B. One absentee voter's ballot envelope No. 1, unsealed, which shall have no writing thereon except the designation "Absentee Voter's Ballot Envelope No. 1."
C. One absentee voter's ballot envelope No. 2, unsealed.
(9) Upon receipt of an absentee voter's ballot by mail, the voter shall mark the ballot:
A. After the voter has voted his absentee voter's ballot, he shall enclose the same in absentee voter's ballot envelope No. 1, and seal that envelope; enclose sealed absentee voter's ballot envelope No. l in absentee voter's ballot envelope No. 2 and seal that envelope; complete and sign the forms, if any, on absentee voter's ballot envelope No. 2 according to the instructions thereon; and mail, postage prepaid, sealed absentee voter's ballot envelope No. 2 to the Clerk of the Circuit Court in which he is registered to vote.
B. Upon receipt of such sealed envelope, the Clerk shall enter onto the envelope such information as may be required of him according to the instructions thereon; enter his challenge, if any, to the absentee voter's ballot; enter the required information into a record of persons making application for and voting an absentee 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 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 to Council sitting as a Board of Canvassers.
(1978 Code Sec. 6-19.)
(d) Delivery of Absentee Voter's Ballots to Polling Places.
(1) The absentee voter's 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.
(2) An absentee voter's ballot shall be delivered by the Clerk of the City to the Election Commissioners of the precinct in which the voter thereof 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.
(3) Absentee voter's 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 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.
(1978 Code Sec. 6-20.)
(e) Preparation, Number and Handling of Ballots.
(1) Absentee voter's ballots shall be in all respects like other ballots. Not less than sixty 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 absentee voter's ballots of all kinds which will be required in the City 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. The Board of Ballot Commissioners shall prepare and have printed, in such number as they shall determine, such absentee voter's ballots as are to be printed under their directions as hereinbefore provided, and such ballots shall be delivered to the Clerk not less than forty-two days prior to the day of the election at which they are to be used. Before any ballot is mailed or delivered, the Clerk shall affix his official seal and he and the other members of the Board shall place their signatures near the lower left-hand corner on the back thereof. An absentee voter's ballot not containing such seal and signatures shall be invalid and shall be subject to challenge by any Commissioner or Poll Clerk. (Passed 2-3-86.)
(2) The Clerk shall be primarily responsible for the preparation, mailing, receiving, delivering and otherwise handling of all absentee voter's 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 absentee 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.
(1978 Code Sec. 6-21.)