SB 488 — Clarifying definition of electioneering

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describingProvided, certainThat prohibitedthe electioneeringphotographs informationor video do not capture a voter’s ballot or activity;interfere with the voting process;(B) A citizen who takes photographs or videos upon his or her private property, regardless, of the distance from the polling place:

exemptingProvided, fromThat the definitionphotographs ofor “electioneering”video certaindo activitynot andcapture materials;a voter’s ballot or interfere with the voting process;

permittingor(C) votersA tolaw useenforcement cellularofficer phonesin withinconducting the electioneeringofficer’s prohibitionofficial zoneduties.”  AdoptedRejected under certain circumstances;

prohibiting taking photos or videos in and around a place where voting is conducted;

providing exceptions to prohibition on photographs and videos;

permitting a voter’s use of candidate list and public questions in polling place;

permitting certain persons to enforce election laws and maintain law and order inside the prohibited zone;

and permitting certain persons to seek assistance from law-enforcement officer.

Be it enacted by the Legislature of West Virginia:

ARTICLE 9.

OFFENSES AND PENALITIES.

§3-9-9.

Electioneering defined;

unlawful acts at polling places;

exceptions;

penalties.

(a) As used in this section, "electioneering" means the displaying of signs or other campaign paraphernalia, the distribution of campaign literature, cards, or handbills, the soliciting of signatures to any petition, or the solicitation of votes for or against any bona fide candidate or ballot question in a manner which expressly advocates the election or defeat of the candidate or expressly advocates the passage or defeat of the ballot question.

visible display or audible dissemination of information that advocates for or against any candidate or ballot question.

(b) Prohibited electioneering information or activity includes, but is not limited to, any of the following:

(1) A display of a candidate or candidate’s committee name, likeness, or logo;

(2) A display of a ballot question’s number, title, subject, or logo;

(3) Buttons, hats, pencils, pens, shirts, pins, signs, stickers, and similar items that contain electioneering information;

CS for SB 488 (4) The distribution of campaign literature, cards, or handbills containing electioneering information;

(5) The soliciting of signatures to any petition;

and (6) The verbal or electronic soliciting of votes for or against any bona fide candidate or ballot question in a manner which expressly advocates the election or defeat of the candidate or expressly advocates the passage or defeat of the ballot question.

(c) "Electioneering" does not include:

(1) A representative of the news media conducting exit polling, so as long as persons conducting exit polling are not otherwise engaging in electioneering activities described above in subsection (b) of this section;

(2) bumper Bumper stickers or signs affixed to a person’s vehicle which is parked within or passing through a distance of 100 feet of the entrance to a polling place while such that person is voting or transporting any voter to the polls;

and (3) Educational materials or information pertaining to a ballot question, number, title, subject, or logo, in a manner that permits a reasonable interpretation other than express advocacy for or against its passage or defeat.

(b) (d) No An officer of election may not disclose to any person the name of any candidate for whom a voter has voted.

No An officer of election may not do any electioneering on election day.

(c) (e) No A person may not do any electioneering on election day within any polling place, or within 100 feet of the outside entrance to the building housing the polling place.

No A person may not do any electioneering in the polling place or within 100 feet of the outside entrance of any polling place where early voting is conducted during the period in which early voting is offered during the hours while such early voting is actually taking place.

Nothing in this subsection shall prohibit prohibits a citizen from doing any electioneering upon his or her own private property, CS for SB 488 regardless of distance from the polling place, so as long as that electioneering conforms to other existing laws and ordinances.

(d) (f) Voters may use cellular telephones or other electronic devices within 100 feet of any entrance to the building in which voting is conducted, while voting is taking place, as long as electioneering or loud or disruptive conversations do not occur.

(1) A person may not take photographs or videos within 100 feet of any entrance to the building in which voting is conducted, nor may a person take photographs inside the building or room where voting is conducted, while voting is taking place:

Provided, That photographs or videos of potential violations of law may be taken if provided to the Office of the Secretary of State or law enforcement for investigative purposes.

(2) A voter may bring into the polling place a list of candidates and public questions for the voter’s use including, but not limited to, a list stored on a cellular telephone or similar electronic device, as long as electioneering does not occur.

(e) (g) No A person may not apply for or receive any ballot in any polling place, other than that in which the person is entitled to vote, nor may any person examine a ballot which any voter has prepared for voting, or solicit the voter to show the same, nor ask, nor make any arrangement, directly or indirectly, with any voter, to vote an open ballot.