HB 2117 — Relating to when Mail In Ballots are Due

CS for HB 2117 WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 2117 By Delegates D.

Reported on February 26, 2025] Eng CS for HB 2117 A BILL to amend and reenact §3-3-5 of the Code of West Virginia, 1931, as amended, relating to absentee ballots;

It is unlawful for any person, including any election official, to mail or deliver an application for an absentee ballot to any voter except when specifically requested byby: 1) the voter;

1) the voter;

1Eng CS for HB 42932117 The voter shall complete and sign the application in his or her own handwriting or, if the voter is unable to complete the application because of illiteracy or physical disability:

2Eng CS for HB 42932117 (3) The applicant is authorized for the reasons given in the application to vote an absentee ballot by mail or electronically;

3Eng CS for HB 42932117 (e)(1) Beginning on the 46th day prior to election day, within one day after the official designated to supervise and conduct absentee voting has both the completed application and the ballot, the official shall provide to the voter at the address given on the application, or by the appropriate electronic delivery method, the following items as required and as prescribed by the Secretary of State:

4Eng CS for HB 42932117 (B) Instructions for voting absentee by mail or electronically;

or 7:30 P.M.p.m.

(2) The ballot bears a postmark of the United States Postal Service dated no later than election day and the ballot is received by the official designated to supervise and conduct absentee voting no later than the hour at which the board of canvassers convenes to begin the canvass (h) Absentee ballots received through the United States mail from persons eligible to vote an absentee ballot under the provisions of §3-3-1(b)(3) of this code, relating to uniform services 5Eng CS for HB 42932117 and overseas voters, are to be accepted if the ballot is received by the official designated to supervise and conduct absentee voting no later than the hour at which the board of canvassers convenes to begin the canvass.

6Eng CS for HB 42932117 (3) Enter the required information into the permanent record of persons applying for and voting an absentee ballot in person;

(o) (1) If any election official knowingly and intentionally mails or delivers an application for an absentee ballot to any voter, a member of the voter’s immediate family;family, or a caregiver of the voter, without the specific request of that voter, that person shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $500 or imprisoned in a state correctional facility for a period of not more than six months, or both fined and imprisoned.

or a caregiver of the voter, without the specific request of that voter, that person shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $500 or imprisoned in a state correctional facility for a period of not more than six months, or both fined and imprisoned.

7 CS for HB 4293 NOTE:

The purpose of this bill is to prohibit the delivery of unsolicited absentee ballot applications to any person who has not specifically requested one from the county clerk.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.