SB 236 — Providing notice of eligibility to persons to vote after completion of punishment or pardon

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 236 By Senators Lindsay, Jeffries, and BaldwinBaldwin, [Introducedoriginal Januarysponsors 10,[Originating 2019;in the Committee on the Judiciary;

ReferredReported toon theJanuary Committee24, on2019] the  Judiciary]  A BILL to amend and reenact §3‑2‑2 of the Code of West Virginia, 1931, as amended, byrelating addinggenerally theretoto aeligibility new section, designated §62-12-30, relating to notificationregister of the renewed right to votevote; for a person previously under conviction of treason, felony, or bribery in an election;

requiringproviding suchthat personsa person who has been convicted of certain criminal offenses and rendered ineligible to bevote notifiedmay withinregister oneto weekvote upon completion of completinghis theiror fullher punishmentsentence, orupon receivingan order from a pardon;court vacating or overturning  his or her conviction, or upon an order of pardon from the Governor;

requiring the Division of Corrections and detailingRehabilitation whichto agenciesprovide area responsibleperson forin providingthe custody or under the notice.supervision of the division with written notice that he or she is no longer ineligible to register to vote and a voter registration form upon release or discharge of such person;

requiring a probation officer of the Supreme Court of Appeals’ Division of Probation Services to provide a person under such officer’s supervision with written notice that he or she is no longer ineligible to register to vote and a voter registration form upon discharge of such person;

and clarifying that renewed eligibility of previously convicted persons to register to vote does not permit such persons to register after pre-election registration deadlines.

Article 12.2.

Probationregistration andof Parole.voters.

§62-12-30.§3‑2‑2.

NotificationEligibility ofto rightregister to vote.

Pursuant(a) toAny sectionperson one,who articlepossesses IV of the Westconstitutional Virginiaqualifications Constitution,for “[t]hevoting citizensmay ofregister the state shall be entitled to votevote. at all elections held within the counties in which they respectively reside;

butTo nobe qualified, a person .must be a citizen of the United States and a legal resident of West Virginia and of the county where he or she is applying to register, shall be at least 18 years of age, except that a person who is at least 17 years of age and who will be 18 years of age by the time of the next ensuing general election may also be permitted to register, and shall not be otherwise legally disqualified:

Provided, That a registered voter who ishas undernot convictionreached 18 years of treason,age felonymay orvote briberyboth partisan and nonpartisan ballots in ana federal, state, county, municipal, or special primary election .if he or she will be 18 years of age by the time of the corresponding general election.

shall(b) be(1) permittedAny toperson votewho whilehas suchbeen disabilityconvicted continues[.]” Consistent with this right to vote, the Division of Correctionsa andfelony, Rehabilitationtreason, andor thebribery Supreme Court of Appeals of West Virginia’s Division of Probation Services, working in partnershipan withelection, theunder Secretaryeither ofstate State, shall ensure that every person convicted of treason, felony or briberyfederal inlaw, anis electiondisqualified whofrom loses their voting rightsand whileis undernot convictioneligible is providedineligible withto aregister voteror registrationto formcontinue andto notificationbe ofregistered their restored right to vote withinwhile oneserving weekhis ofor completingher theirsentence, fullincluding punishmentany orperiod receivingof aincarceration, pardonprobation, fromor theparole Governor,related whicheverthereto. occurs first.

Any person who has been declared mentally incompetent by a court of competent jurisdiction is disqualified from voting and shall not be eligible is ineligible to register or to continue to be registered to vote for as long as that disability continues.

(2) Renewed eligibility to register.

— A person otherwise meeting the constitutional and statutory qualifications to vote, who is ineligible to register to vote because of a criminal conviction as provided in subdivision (1) of this subsection, is eligible and shall be permitted to register to vote upon any of the following events:

(A) The completion of his or her sentence, including any period of incarceration, probation, or parole related thereto;

(B) Issuance of an order from a court of competent jurisdiction to vacate or overturn all convictions rendering such person ineligible to register to vote;

or (C) Issuance of an order of pardon from the Governor for all convictions rendering such person ineligible to register to vote.

(3) Notice of renewed eligibility to register.

— Upon the occurrence of an event described in subdivision (2) of this subsection:

(A) If a person is in the custody or under the supervision of the West Virginia Division of Corrections and Rehabilitation, the division shall provide such person, upon release or discharge from supervision, written notification that he or she is no longer ineligible to register to vote based on his or her conviction and a copy of a voter registration form.

(B) If a person is under the supervision of the Supreme Court of Appeals of West Virginia’s Division of Probation Services, the probation officer shall provide such person, upon discharge, written notification that he or she is no longer ineligible to register to vote based on his or her conviction and a copy of a voter registration form.

(4) Nothing in this subsection may be construed to permit a person to register to vote in an election after the close of voting registration before such election, as provided in §3‑2‑6 or §3‑2‑6a of this code, whichever is applicable.

The purpose of this bill is to provide notice and an opportunity to persons convicted of certain crimes that they are eligible to vote afterwhen completionthey ofare theirno punishment.longer under conviction.

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

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