The bill amends sections 3-1-3 and 3-2-2 of the Code of West Virginia and introduces a new section, 3-2-2a, which establishes clearer voter eligibility and residency requirements. It mandates that individuals must be legal residents of the state, county, or municipality where they intend to vote. The bill defines "legal resident" as someone who is domiciled in the area and includes both physical presence and the intent to remain indefinitely. It also outlines specific factors to consider when determining residency, such as the physical character of the residence, time spent in the area, and the location of employment.
Additionally, the new section 3-2-2a provides a framework for challenging a person's residency status when they register to vote. It details the process for challenges, including the requirement for the challenger to submit a form to the county clerk and the procedures that follow if the residency is contested. The bill emphasizes that individuals who temporarily leave their residence for specific purposes, such as teaching or government service, do not lose their residency status. The amendments and new provisions will take effect on January 1, 2027.
Statutes affected: Introduced Version: 3-1-3, 3-2-2
Committee Substitute: 3-1-3, 3-2-2, 3-2-2a
Enrolled Committee Substitute: 3-1-3, 3-2-2, 3-2-2a