Election administration in West Virginia
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Election administration encompasses a state's voting policies and methods of enforcing them. These include voter identification requirements, early and absentee voting provisions, voter list maintenance methods, and more. Each state's voting policies dictate who can vote and under what conditions.
Below, you will find details on the following election administration topics in West Virginia:
Poll times
- See also: State poll opening and closing times
In West Virginia, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. A voter who is in line at the time polls close must still be permitted to vote.[2]
Voter registration
- Check your voter registration status here.
To vote in West Virginia, one must be a citizen of the United States, a resident of West Virginia, and at least 18 years of age.[3]
The registration deadline is 21 days prior to an election. One may register to vote by submitting a form by mail to his or her county clerk's office or the Secretary of State's Office. Registration can be completed in person at the county clerk's office, the Secretary of State's office, the Department of Motor Vehicles, any public assistance office, any agency that serves people with disabilities, any marriage license office, or any military recruiting agency.[3]
Automatic registration
West Virginia automatically registers eligible individuals to vote through the Department of Motor Vehicles.
Online registration
- See also: Online voter registration
West Virginia has implemented an online voter registration system. Residents can register to vote by visiting this website.
Same-day registration
West Virginia does not allow same-day voter registration.
Residency requirements
West Virginia law requires 30 days of residency in a town before a person may vote.
Verification of citizenship
West Virginia does not require proof of citizenship for voter registration.
Verifying your registration
The West Virginia Secretary of State's office allows residents to check their voter registration status online by visiting this website.
Early and absentee voting policy
Early voting
- See also: Early voting
West Virginia permits early voting. Learn more by visiting this website.
Absentee voting
- See also: Absentee voting
Voters in West Virginia are eligible to vote absentee in an election for any of the following reasons:[4]
- “Injury or illness”
- “Disability or advanced age”
- “Incarceration or home detention (does not include individuals convicted of any felony, treason, or election bribery)”
- “Work hours and distance from county seat”
- “Inaccessible early voting site and polling place”
- “Personal or business travel”
- “Attendance at college or other place of education or training”
- “Temporary residence outside of the county”
- “Service as an elected or appointed state or federal official”
To vote absentee, a request must be received by the county clerk no later than the sixth day prior to the election. The completed ballot must then be postmarked no later than election day and received by the Friday after a primary election and the Monday after a general election.[5]
Returning absentee ballots
In West Virginia, a voter may authorize a representative to hand-deliver his or her ballot to the municipal clerk, but one person cannot hand-deliver more than two absentee ballots in a single election.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
West Virginia law states the following:
| “ | No person may hand deliver more than two absentee ballots in any election and any person hand delivering an absentee ballot is required to certify that he or she has not examined or altered the ballot. Any person who makes a false certification violates the provisions of article nine of this chapter and is subject to those provisions.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title[6]
|
” |
Signature requirements and cure provisions
West Virginia election officials are authorized to challenge signatures that do not match voter records. State statute requires the official to notify the voter immediately of the challenge, but does not specify a cure provision, or a process by which voters can correct a signature discrepancy.Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title
West Virginia law states the following:
| “ | Absent voters' ballots challenged by the official designated to supervise and conduct absentee voting under the provisions of this article are to be transmitted by the official directly to the county commission sitting as a board of canvassers. The absent voters' ballots challenged by the election commissioners and poll clerks under the provisions of this article may not be counted by the election officials but are to be transmitted by them to the county commission sitting as a board of canvassers.[7][6] | ” |
Was your absentee ballot counted?
Use the Absentee Ballot Tracking tool provided by the West Virginia Secretary of State’s office to check the status of your absentee ballot.
Voter identification requirements
- See also: Voter ID in West Virginia
- See also: Voter identification laws by state
West Virginia requires voters to present identification while voting. The identification provided must be issued either by the State of West Virginia, or one of its subsidiaries, or by the United States government. It must also contain the name of the voter.[8]
The following list of accepted ID was current as of May 2023. Click here for the West Virginia Secretary of State's page on accepted ID to ensure you have the most current information.
- Valid West Virginia driver’s license or valid West Virginia identification card issued by the West Virginia Division of Motor Vehicles
- Valid driver’s license issued by a state other than the State of West Virginia
- Valid United States passport or passport card
- Valid employee identification card with a photograph of the eligible voter issued by any branch, department, agency, or entity of the United States government or the State of West Virginia, or by any county, municipality, board, authority, or other political subdivision of West Virginia
- Valid student identification card with a photograph issued by an institution of higher education in West Virginia
- Valid high school identification card issued by a West Virginia high school
- Valid military identification card issued by the United States with a photograph of the person desiring to vote
- Valid concealed carry (pistol/revolver) permit issued by the sheriff of the county with a photograph of the person desiring to vote
- Valid Medicare card or Social Security card
- Valid birth certificate
- Valid voter registration card issued by a county clerk in the State of West Virginia
- Valid hunting or fishing license issued by the State of West Virginia
- Valid identification card issued to the voter by the West Virginia Supplemental Nutrition Assistance (SNAP) program
- Valid identification card issued to the voter by the West Virginia Temporary Assistance for Needy Families (TANF) program
- Valid identification card issued to the voter by West Virginia Medicaid
- Valid bank card or valid debit card
- Valid utility bill issued within six months of the date of the election
- Valid bank statement issued within six months of the date of the election
- Valid health insurance card issued to the voter
Additionally, a registered voter can bring an adult whom he or she has known for at least six months with them to the polling place. The adult can sign an affidavit stating that he or she knows the voter. The voter will then be allowed to vote. A voter can also be identified by a poll worker as long as he or she has known the voter for at least six months.[8]
Voters can obtain a free voter ID card at their county clerk’s office.[9]
Background
As of August 2023, 34 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 23 required voters to present identification containing a photograph, and 11 accepted other forms of identification. The remaining 16 states did not require voters to present identification in order to vote at the polls on Election Day. Valid forms of identification differ by state. Commonly accepted forms include driver's licenses, state-issued identification cards, and military identification cards.[10][11]
Provisional balloting for voters without ID
Voters who do not have ID while voting may cast provisional ballots. See below for provisional ballot rules.
Provisional ballot rules
Voters in West Virginia are given provisional ballots, or ballots requiring additional steps or information before they can be counted, under the following circumstances.[12][13][14]
(1) If the voter’s "registration record is not available at the time of the election," the voter has the right to cast a provisional ballot.
(2) If the voter’s signature does not match the signature on the voter’s registration, the voter has the right to cast a provisional ballot.
(3) If the voter’s registration record indicates the voter is in some way legally disqualified from voting, the voter has the right to cast a provisional ballot.
(4) If the voter is unable to provide proper identification, the voter has the right to cast a provisional ballot.
(5) If the voter’s "registration record indicates that either the voter voted during early voting or received an absentee ballot by mail," the voter has the right to cast a provisional ballot.
(6) If the "voter, spouse or dependent, has been discharged from active duty in the Uniformed Service during the 60 days preceding the election and has cast an absentee ballot by mail," the voter has the right to cast a provisional ballot.
(7) If, during a primary election, the voter asks to vote for a different party than he or she is registered as being a member of, the voter has the right to cast a provisional ballot.
(8) If the "[po]llworker believes voter is able to vote without assistance, but voter insists on receiving assistance," the voter has the right to cast a provisional ballot.
(9) If the voter "is a pollworker registered in another precinct," the voter has the right to cast a provisional ballot.
(10) If the voter "changed his/her address and voted in their new precinct," the voter has the right to cast a provisional ballot.
According to West Virginia Code, "Provisional ballots may not be counted by the election officials. The county commission shall, on its own motion, at the time of canvassing of the election returns, sit in session to determine the validity of any challenges according to the provisions of this chapter. If the county commission determines that the challenges are unfounded, each provisional ballot of each challenged voter, if otherwise valid, shall be counted and tallied together with the regular ballots cast in the election. The county commission, as the board of canvassers, shall protect the privacy of each provisional ballot cast. The county commission shall disregard technical errors, omissions or oversights if it can reasonably be ascertained that the challenged voter was entitled to vote."[12]
Voters who cast a provisional ballot because they did not have the required identification with them on the day of the election may visit the county clerk's office during business hours at any time before the official canvass to present their identification and ensure their ballot will be counted.[15]
Was your provisional ballot counted?
Visit the office of the secretary of state’s Provisional Ballot Search tool to check the status of your provisional ballot.
Local election officials
Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool. |
Primary election type
- See also: Primary elections in West Virginia
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. West Virginia utilizes a semi-closed primary system. Parties decide who may vote. Both the Democratic and Republican parties allow unaffiliated voters to vote in their primaries.[16][17][18]
For information about which offices are nominated via primary election, see this article.
Time off work for voting
In West Virginia, employees are entitled to three hours paid time off work provided they submit applications to their employers three days in advance of elections and contingent upon their completion of voting. For certain sectors and services, employers may rearrange employees' schedules while ensuring their right to vote:
| “ | Every person entitled to vote at any election who may be employed by any person, company, or corporation on the day on which such election shall be held in this state, shall, on written demand of such employee, made at least three days prior thereto, be given a period of not more than three hours, if necessary, between the opening and the closing of the polls on such day, for the purpose of enabling such person to repair to the place of voting to cast his vote and return, without liability to any penalty or deduction from his usual salary or wages on account of such absence, except that any employee, who has three or more hours of his own time away from his work or place of employment at any time between the hours of the opening and the closing of the polls on election day and who fails or neglects to vote or elects not to vote during such free time away from his work or employment, may be subject to wage or salary deductions for the time actually absent from his work or employment for voting in such election.
In essential government, health, hospital, transportation and communication services and in production, manufacturing and processing works requiring continuity in operation, the employer may, upon receipt of such written demand for voting time off, arrange and schedule a calendar of time off for any and all of his employees for voting so as to avoid impairment or disruption of essential services and operations, but every such schedule or calendar of time off for voting so arranged shall provide ample and convenient time and opportunity for each employee of such services or works to cast his vote as herein provided.[19][6] |
” |
As of 2020, 28 states had laws requiring employers to provide time off for voting under certain conditions.
Voting rules for people convicted of a felony
- See also: Voting rights for convicted felons
In West Virginia, people convicted of a felony, treason, or bribery in an election lose their franchise, regained only once they have completed their entire sentence, including incarceration and parole or probation.[20]
Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[21]
Voter list maintenance
All states have rules under which they maintain voter rolls—or, check and remove certain names from their lists of registered voters. Most states are subject to the parameters set by The National Voter Registration Act (NVRA).[22] The NVRA requires states to make efforts to remove deceased individuals and individuals who have become ineligible due to a change of address. It prohibits removing registrants from voter lists within 90 days of a federal election due to change of address unless a registrant has requested to be removed, or from removing people from voter lists solely because they have not voted. The NVRA says that states may remove names from their registration lists under certain other circumstances and that their methods for removing names must be uniform and nondiscriminatory.[23]
When names can be removed from the voter list
West Virginia law authorizes election officials to remove the names of voters from the registered voting list if an individual:[24]
- confirms in writing that they have moved outside of their voting jurisdiction
- dies
- is adjudged to be mentally incompetent
- is convicted of a felony
- remains in inactive status through two consecutive general elections.
Inactive voter list rules
If election officials, using National Change of Address data or other address verification resources, determine that a voter may have moved, they are to send the voter a forwardable confirmation notice. In addition, election officials are required by West Virginia law to send a forwardable confirmation notice to all voters who have not updated their registration status or voted in the preceding four years. If a notice is returned as undeliverable or if the voter fails to respond, election officials are to place the voter on an inactive voting list. If the voter remains in inactive status through the next two general elections, their registration is to be cancelled.[25]
The Electronic Registration Information Center (ERIC)
According to its website, ERIC is a nonprofit corporation that is governed by a board of member-states. These member states submit voter registration and motor vehicle registration information to ERIC. ERIC uses this information, as well as Social Security death records, to provide member states with detailed reports showing voters who have moved within their state, moved out of their state, died, have duplicate registrations in their state, or are potentially eligible to vote but are not yet registered. ERIC's website describes its funding as follows: "Each state pays annual dues, which are determined by a formula approved by the ERIC membership. The formula includes a state's citizen voting age population as a factor."[26]
By 2022, 33 states and the District of Columbia had joined ERIC. As of August 2023, 26 states and the District of Columbia were members in the ERIC program.[27]
As of August 2023, West Virginia was not participating in the ERIC program.
Secretary of State Mac Warner (R) withdrew West Virginia from ERIC on March 6, 2023, saying, "West Virginia will cease all data-sharing activities with ERIC, effective immediately." [28] According to ERIC, the effective date for this withdrawal was June 3, 2023.[29]
Post-election auditing
West Virginia state law requires post-election audits. The board of canvassers randomly selects at least 3 percent of precincts to audit. "If there is a discrepancy of more than 1% or that would result in a different outcome, it is immediately disclosed to the public and a full manual recount is ordered." The audit is conducted during the canvass and must be completed before the election results are certified.[30] Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits.[21][31]
Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more.
As of December 2023, 41 states and the District of Columbia required some form of post-election audit. Of these, 36 states and the District of Columbia required traditional post-election audits, three states required risk-limiting post-election audits, and two states required procedural post-election audits.[32]
Election policy ballot measures
Ballotpedia has not tracked any ballot measures relating to election and campaign policy in West Virginia as of this time.
The table below lists bills related to election administration that have been introduced during (or carried over to) the current legislative session in West Virginia. The following information is included for each bill:
- State
- Bill number
- Official name or caption
- Most recent action date
- Legislative status
- Topics dealt with by the bill
Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.
Ballotpedia's Election Administration Legislation Tracker
State election laws are changing. Keeping track of the latest developments in all 50 states can seem like an impossible job.
Here's the solution: Ballotpedia's Election Administration Legislation Tracker.
Ballotpedia's Election Administration Tracker sets the industry standard for ease of use, flexibility, and raw power. But that's just the beginning of what it can do:
- Ballotpedia's election experts provide daily updates on bills and other relevant political developments
- We translate complex bill text into easy-to-understand summaries written in everyday language
- And because it's from Ballotpedia, our Tracker is guaranteed to be neutral, unbiased, and nonpartisan
The Ballot Bulletin
The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.
Click here to view recent issues and subscribe.
Ballot access
In order to get on the ballot in West Virginia, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for office in a state.
- An individual can seek the nomination of a state-recognized political party.
- An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
- An individual can run as a write-in candidate.
This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in West Virginia. For information about filing requirements for presidential candidates, see "Ballot access requirements for presidential candidates in West Virginia." Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).
Redistricting
- See also: Redistricting in West Virginia
Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Each of West Virginia's three United States Representatives and 134 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.[33][34][35][36]
West Virginia was apportioned three seats in the U.S. House of Representatives after the 2020 census, one fewer than it received after the 2010 census. Click here for more information about redistricting in West Virginia after the 2020 census
State process
- See also: State-by-state redistricting procedures
In West Virginia, congressional and state legislative district boundaries are set by the West Virginia State Legislature. These lines are subject to veto by the governor.[37]
The West Virginia Constitution requires that state Senate districts be "compact, contiguous, and bounded by county lines where doing so is not otherwise unlawful." There are no such requirements in place for congressional or state House districts.[37]
Election administration agencies
Election agencies
- See also: State election agencies
Individuals seeking additional information about voting provisions in West Virginia can contact the following local, state, and federal agencies.
West Virginia County Clerks
West Virginia Secretary of State, Elections Division
- 1900 Kanawha Blvd. East
- Charleston, West Virginia 25305-0770
- Telephone: 304-558-6000
U.S. Election Assistance Commission
- 633 3rd Street NW, Suite 200
- Washington, DC 20001
- Telephone: 301-563-3919
- Toll free: 1-866-747-1471
Ballotpedia's election coverage
- United States Senate Democratic Party primaries, 2024
- United States House Democratic Party primaries, 2024
- Democratic Party gubernatorial primaries, 2024
- Democratic Party Secretary of State primaries, 2024
- Democratic Party Attorney General primaries, 2024
- State legislative Democratic primaries, 2024
- United States Senate Republican Party primaries, 2024
- United States House Republican Party primaries, 2024
- Republican Party gubernatorial primaries, 2024
- Republican Party Secretary of State primaries, 2024
- Republican Party Attorney General primaries, 2024
- State legislative Republican primaries, 2024
See also
- 2024 election dates and deadlines
- Voting in West Virginia
- Ballot access requirements for political candidates in West Virginia
- Redistricting in West Virginia
Elections in West Virginia
- West Virginia elections, 2023
- West Virginia elections, 2022
- West Virginia elections, 2021
- West Virginia elections, 2020
- West Virginia elections, 2019
- West Virginia elections, 2018
- West Virginia elections, 2017
- West Virginia elections, 2016
- West Virginia elections, 2015
- West Virginia elections, 2014
External links
Footnotes
- ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
- ↑ West Virginia Secretary of State, "Elections Frequently Asked Questions (FAQs)," accessed May 2, 2023
- ↑ 3.0 3.1 West Virginia Secretary of State, "VElections Frequently Asked Questions (FAQs)," accessed May 2, 2023
- ↑ West Virginia Secretary of State, “Eligibility for Absentee Voting In West Virginia,” accessed May 2, 2023
- ↑ West Virginia Secretary of State, “Absentee Voting Information,” accessed May 2, 2023
- ↑ 6.0 6.1 6.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ West Virginia State Legislature, “West Virginia Code, Section 3-3-10,” accessed May 2, 2023
- ↑ 8.0 8.1 West Virginia State Legislature, "West Virginia Code, §3-1-34. Voting procedures generally; identification; assistance to voters; voting records; penalties." accessed May 2, 2023 Cite error: Invalid
<ref>tag; name "wvvid" defined multiple times with different content - ↑ West Virginia Secretary of State, "Be Registered and Ready" accessed May 2, 2023
- ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," March 9, 2023
- ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
- ↑ 12.0 12.1 West Virginia State Legislature, "West Virginia Code, Chapter 3. Elections. Article 1. General Provisions and Definitions." accessed May 2, 2023
- ↑ West Virginia Secretary of State, "Provisional Ballot Form," accessed May 2, 2023
- ↑ National Conference of State Legislatures, "Provisional Ballots," November , 2022
- ↑ West Virginia Secretary of State, "Elections Frequently Asked Questions (FAQs)," accessed May 2, 2023
- ↑ National Conference of State Legislatures, "State Primary Election Types," accessed May 2, 2023
- ↑ Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
- ↑ West Virginia State Legislature, "West Virginia Code, CHAPTER 3. ELECTIONS.," accessed May 2, 2023
- ↑ West Virginia State Legislature, "WEST VIRGINIA CODE CHAPTER 3. ELECTIONS.," accessed May 2, 2023
- ↑ Secretary of State Mac Warner, "YOU HAVE THE RIGHT TO VOTE IN WEST VIRGINIA ONCE YOU COMPLETE YOUR SENTENCE," accessed May 2, 2023
- ↑ 21.0 21.1 National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023 Cite error: Invalid
<ref>tag; name "ncsl" defined multiple times with different content - ↑ The Justice Department notes, "Six States (Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming) are exempt from the NVRA because, on and after August 1, 1994, they either had no voter-registration requirements or had election-day voter registration at polling places with respect to elections for federal office."
- ↑ The United States Department of Justice, "The National Voter Registration Act of 1993," accessed Aprl 4, 2023
- ↑ West Virginia Code, "3.2.23 and 3.2.27," accessed May 2, 2023
- ↑ West Virginia Code, "3.2.24, 3.2.25, and 3.2.27," accessed May 2, 2023
- ↑ ERIC, "Home," accessed April 4, 2023
- ↑ ERIC, "Who We Are," accessed August 7, 2023
- ↑ West Virginia Secretary of State, “Letter to Shane Hamlin,” March 6, 2023
- ↑ Electronic Registration Information Center, "Who We Are," accessed April 3, 2023
- ↑ National Conference of State Legislatures, "Post-Election Audits," September 22, 2022
- ↑ Election Assistance Commission, "Election Audits Across the United States," accessed August 15, 2023
- ↑ Ballotpedia research conducted in June 2023, researching and analyzing various state websites and codes.
- ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
- ↑ Indy Week, "Cracked, stacked and packed: Initial redistricting maps met with skepticism and dismay," June 29, 2011
- ↑ The Atlantic, "How the Voting Rights Act Hurts Democrats and Minorities," June 17, 2013
- ↑ Redrawing the Lines, "The Role of Section 2 - Majority Minority Districts," accessed April 6, 2015
- ↑ 37.0 37.1 All About Redistricting, "West Virginia," accessed May 7, 2015
