The bill amends sections 3-1-41 and 3-9-19 of the Code of West Virginia to enhance the integrity of the electoral process by prohibiting the acceptance and counting of illegal ballots. Key provisions include a strict rule that any ballot cast in a manner not explicitly outlined in the law will not be counted, and it establishes that provisional ballots cannot be counted on election day. Additionally, the bill removes the discretion previously held by county commissions to overlook technical errors, omissions, or oversights in certain circumstances, thereby mandating that ballots failing to comply with election procedures be rejected without discretion. It also introduces criminal penalties for individuals who knowingly violate these provisions, including fines and imprisonment.

Furthermore, the bill specifies that ballots cast in incorrect precincts will not be counted, with an exception for handicapped individuals whose polling locations are not accessible. It establishes a free access system for voters to verify whether their provisional ballots were counted and outlines the responsibilities of election officials regarding the handling of provisional ballots. The bill also increases penalties for fraudulent activities related to absentee ballots, categorizing certain violations as felonies with significant fines and imprisonment terms. Overall, the legislation aims to tighten election security and ensure compliance with voting regulations.

Statutes affected:
Introduced Version: 3-1-41, 3-9-19
Committee Substitute: 3-1-41, 3-9-19