HB 2709 — Permitting a voter with a change of address to vote in his or her new precinct without having to cast a provisional ballot

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 2709 By Delegates Akers, Crouse, Leavitt, Petitto, Shamblin, Hall, Drennan, Jeffries, J.

Cannon, and Hornby [Introduced[Passed FebruaryApril 20,7, 2025;

referredin toeffect the90 Committeedays onfrom thepassage Judiciary](July Eng6, 2025)] Enr HB 2709 AN ACT Beto itamend enactedand byreenact §3-1-41, §3-2-31, and §3-3-3 of the LegislatureCode of West Virginia:Virginia, 1931, as amended, relating to permitting a voter with a change of address within the same county to vote in his or her new precinct under certain circumstances without having to cast a provisional ballot.

Be it enacted by the Legislature of West Virginia:

(4) If the person fails to present a valid identifying document pursuant to section thirty-four 34 of this article;

or (5) If any other valid challenge exists against the voter pursuant to section ten 10, article three of this chapter.

In lieu of the endorsements, the poll clerks shall complete and sign an appropriate form indicating the challenge, the reason thereof therefor, and the name or names of the challengers.

Enr HB 2709 (c) At the time that an individual casts a provisional ballot, the poll clerk shall give the individual written information stating that an individual who casts a provisional ballot will be able to ascertain under the free access system established in this section whether the vote was counted and, if the vote was not counted, the reason that the vote was not counted.

Eng HB 2709 (d) Before an individual casts a provisional ballot, the poll clerk shall provide the individual written instructions, supplied by the board of ballot commissioners, stating that if the voter is casting a ballot in the incorrect precinct, the ballot cast may not be counted for that election:

(f) Any person duly appointed as an Election Commissioner or clerk under the provisions of section twenty-eight 28 of this article who serves in that capacity in a precinct other than the precinct in which the person is legally entitled to vote may cast a provisional ballot in the precinct in which the person is serving as a commissioner or clerk.

2 Enr HB 2709 (g) The Secretary of State shall establish a free access system, which may include a toll- free telephone number or an Internet website, that may be accessed by any individual who casts a provisional ballot to discover whether his or her vote was counted and, if not, the reason that the vote was not counted.

2 Eng HB 2709 (h) During the early in-person voting period, and in the case of a voter’s address change within the county, the voter may vote in the precinct serving their new address without casting a provisional ballot if the voter shows proof of new address and the change is completed in the state- wide voter registration system by the county clerk prior to canvass.

and The voter shall be permitted to vote as follows:

(1) The voter may cast a challenged or provisional ballot at the new polling place if the voter's registration is found on the registration records within the county during the canvass and no 3 Enr HB 2709 other challenge of eligibility was entered on election day, the challenge shall be removed and the ballot shall be counted;

(2) During the early in-person voting period, the voter may vote in the precinct serving their new address without casting a provisional ballot if the voter shows proof of new address and the 3 Eng HB 2709 change is completed in the state-wide voter registration system by the county clerk prior to canvass.

(d) A voter whose registration record has been placed on an inactive status or transferred to an inactive file and who has not responded to a confirmation notice sent pursuant to the provisions of section twenty-four, twenty-five or twenty-six 24, 25, or 26 of this article and who offers to vote at the polling place where he or she is registered to vote shall be required to affirm his or her present residence address under penalty of perjury, as provided in section thirty-six 36 of this article.

(a) The voting period for early in-person voting is to be conducted during regular business hours beginning on the thirteenth 13th day before the election and continuing through the third day before the election.

No ballot may A ballot may not be given to the person until he or she signs his or her name on the pollbook.

4 Enr HB 2709 (c) When the voter's signature or mark is properly on the pollbook, two qualified representatives of the official designated to supervise and conduct absentee voting shall sign their names in the places indicated on the back of the official ballot.

4 Eng HB 2709 (d) If the official designated to supervise and conduct absentee voting determines that the voter is not properly registered in the precinct where he or she resides, the clerk or his or her representative shall challenge the voter's absentee ballot as provided in this article:

Enr HB 2709 (g) Upon receipt of the voted ballot, representatives of the official designated to supervise and conduct the absentee voting shall:

Eng HB 2709 (2) Place punch card ballots and paper ballots into one envelope which shall not have any marks except the precinct number and seal the envelope;

and (3) Place ballots for all voting systems into a ballot box that is secured by two locks with a key to one lock kept by the president of the county commission and a key to the other lock kept by the county clerkclerk. 6

Enr HB 2709 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2025.

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Governor 7