West Virginia Statutes § 3-2-18 Registration records; active, inactive, canceled, pending and rejected registration files; procedure; voting records
Statute Text
(a)
For the purposes of this article:
(1)
"Original voter registration record" means all records submitted or entered in writing or electronically, where permitted by law, for voter registration purposes, including:
(A)
Any original application or notice submitted by any person for registration or reinstatement, change of address, change of name, change of party affiliation, correction of records, cancellation, confirmation of voter information, or other request or notice for voter registration purposes; and
(B)
Any original entry made on any voters' registration record at the polling place or made or received by the clerk of the county commission relating to any voters' registration such as records of voting, presentation of identification and proof of age, challenge of registration, notice of death or obituary notice, notice of disqualifying conviction or ruling of mental incompetence, or other original document which may affect the status of any person's voter registration.
(2)
"Active voter registration records" means the registration records, whether on paper or in electronic format, containing the names, addresses, birth dates, and other required information for all persons within a county who are registered to vote and whose registration has not been designated as inactive or canceled pursuant to the provisions of this article.
(3)
"Inactive voter registration records" means the registration records, whether on paper or in electronic format, containing the names, addresses, birth dates, and other required information for all persons designated inactive pursuant to the provisions of §3-2-27 of this code following the return of the prescribed notices as undeliverable at the address provided by the United States Postal Service or entered on the voter registration, or for failure of the contacted voter to return a completed confirmation notice within 30 days of the mailing.
(4)
"Canceled voter registration records" means the records containing all required information for all persons who have been removed from the active and inactive voter registration records and who are no longer registered to vote within the county.
(5)
"Pending application records" means the temporary records containing all information submitted on a voter registration application, pending the expiration of the verification period.
(6)
"Rejected application records" means the records containing all information submitted on a voter registration application which was rejected for reasons as described in this article.
(7)
"Confirmation pending records" means the records containing all required information for persons who have been identified to be included in the next succeeding mailing of address confirmation notices as set forth by the National Voter Registration Act of 1993 (
42 U.S.C. §
1973gg
et seq.
).
(b)
For the purposes of this chapter or of any other provisions of this code relating to elections conducted under the provisions of this chapter, whenever a requirement is based on the number of registered voters, including, but not limited to, the number of ballots to be printed, the limitations on the size of a precinct, or the number of petition signatures required for election purposes, only those registrations included on the active voter registration files shall be counted and voter registrations included on the inactive voter registration files, as defined in this subdivision, are not to be counted.
(c)
Active voter registration records, confirmation pending records, and inactive voter registration records may be maintained in the same physical location, providing the records are coded, marked, or arranged in such a way as to make the status of the registration immediately obvious. Canceled voter registration records, pending application records, and rejected application records may be maintained in separate physical locations. However, all such records shall be maintained in the statewide voter registration database, subject to this article.
(d)
The effective date of any action affecting any voter's registration status shall be entered on the voter record, including the effective date of registration, change of name, address or party affiliation or correction of the record, effective date of transfer to inactive status, return to active status, or cancellation. When any registration is designated inactive or is canceled, the reason for the designation or cancellation and any reference notation necessary to locate the original documentation related to the change shall be entered on the voter record.
(e)
Within 80 days after each primary, general, municipal, or special election, the clerk of the county commission shall enter the voting records into the statewide voter registration database.
History
Amended by 2023 Acts, ch. 145 ( SB 631 ) , eff. 6/8/2023 .
Amended by 2013 Acts, ch. 68 ( SB 535 ) , eff. 7/12/2013 .
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