SB 631 — Updating administration, funding, and requirements for federal elections held in WV

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 631 BYSENATORQUEENBy [OriginatingSenator inQueen the[Passed CommitteeMarch on10, the2023; Judiciary;

reportedin oneffect February90 20,days 2023]from passage] Enr CS for SB 631 AAN BILLACT to amend and reenact §3-1-48 of the Code of West Virginia, 1931, as amended;

— The Help America Vote Act of 2002, PL 107-252, 4252 U.S.C.

§15301§20901 52et U.S.C.seq., provides funding so that all states will be able to implement some form of electronic voting system to replace punch card and lever machines.

§20901, et seq., provides funding so that all states will be able to implement some form of electronic voting system to replace punch card and lever machines by 2006.

It is not the intent of the Legislature to mandate any technology for voting systems to be utilized in this state and this section is CS for SB 631 intended only to establish terms and conditions for providing loan assistance to counties in accordance with the provisions of this section.

1 Enr CS for SB 631 (b) State Election Fund.

Expenditures from the account shall be used by the Secretary of State for the administration of this chapter in accordance with the provisions of 4252 U.S.C.

§15301§ 5220901 U.S.C.et seq., the Help America Vote Act of 2002, PL 107-252, in accordance with the provisions of §4-11-1 et seq.

§ 20901, et seq., the Help America Vote Act of 2002, PL 107-252, in accordance with the provisions of §4-11-1 et seq.

any future funds received from the federal government under the Help America Vote Act of 2002, PL 107-252, 4252 U.S.C.

§15301 52 U.S.C.

CS for SB 631 (f) Investment of fund.

2 Enr CS for SB 631 (g) Loans to counties.

CS for SB 631 (5) A county commission may apply for a loan on a form provided by the Secretary of State.

The form shall, in addition to requesting information necessary for processing the application, state the deadline for submitting the application and the eligibility requirements for obtaining a 3 Enr CS for SB 631 loan.

— The Secretary of State shall propose for promulgation promulgate in accordance with §29A-3-1 et seq.

CS for SB 631 (k) Repayment of loans.

— The Secretary of State may, by civil action, mandamus, or other judicial or administrative proceeding, compel performance by a county commission of all the terms and conditions of the loan agreement between the state and that county commission including 4 Enr CS for SB 631 periodic reduction of any moneys due the county from the state.

Provided, That the Secretary of State shall issue promulgate emergency rules setting forth the criteria for the issuance of grants to the counties pursuant to the provisions of §29A-3-15 of this code.

CS for SB 631 (b) An application for voter registration, transfer of registration, change of name, or change of political party affiliation submitted by an eligible voter by the close of voter registration is effective for any subsequent primary, general, or special election if the following conditions are 5 Enr CS for SB 631 met:

If the postmark ismissingis missing or illegible, the application is presumed to have beenmailedbeen mailed no later than the close of registration if it is received by the appropriate clerk of the county commission no later than the third day following the close of registration;

(D) If accepted through an approved electronic voter registration system, the application is received by the clerk of the county commission or other entity designated by the Secretary of State no later than the close of business by 11:59 p.m.

CS for SB 631 §3-2-18.

6 Enr CS for SB 631 (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;

CS for SB 631 (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.

7 Enr CS for SB 631 (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.U.S.C.

C.

(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, shall not be are not to be counted.

(d) The effective date of any action affecting any voter’svoter's registration status shall be entered on the voter record, including the effective date of registration, change of name, address or party CS for SB 631 affiliation or correction of the record, effective date of transfer to inactive status, return to active status, or cancellation.

(e) Within one hundred twenty 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.

8 Enr CS for SB 631 9