West Virginia SB 110: Adjusting distance from polling place certain election-related activity is prohibited

Bill Text

SB 110 Text

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Introduced Version

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WEST virginia 
legislature

2021 regular session

Introduced

Senate Bill 110

By Senator Baldwin

[Introduced February 10, 
2021; referred

to the Committee on the Judiciary]

A BILL to amend and 
reenact §3-1-37 of the Code of West Virginia, 
1931, as amended; and to amend and reenact §3-9-6 and §3-9-9 of said code, all 
relating to adjusting the distance from a polling place that certain 
electioneering and election-related activity is prohibited; making legislative 
findings and justifications for the changes; and ensuring consistency in the 
law with respect to application of the distances within which certain conduct 
is prohibited at polling places.

Be it enacted by the 
Legislature of West Virginia:

Article 1. General 
Provisions and Definitions.

§3-1-37. Restrictions on 
presence and conduct at polls.

(a) Except as otherwise 
provided in this section, no person, other than the election officers and 
voters going to the election room to vote and returning therefrom, may be or 
remain within one hundred 250 feet of the outside entrance to the 
building housing the polling place while the polls are open. This subsection 
does not apply to persons who reside or conduct business within such distance 
of the entrance to the building housing the polling place, while in the 
discharge of their legitimate business, or to persons whose business requires 
them to pass and repass within one hundred 250 feet of such 
entrance.

(b) A person who is 
delivering a voter to a polling place by motor vehicle may drive such vehicle 
to a convenient and accessible location to discharge the voter, notwithstanding 
that the location is within one hundred 250 feet of the outside 
entrance to the building housing the polling place. Upon discharging such 
voter from the vehicle, the person shall remove the vehicle from within one 
hundred 250 feet of the entrance until such time as the voter is to 
be transported from the polling place or another voter delivered: Provided, 
That vehicles delivering voters who require assistance by reason of blindness, 
disability or advanced age may remain within one hundred 250 feet 
of the entrance until such time as the voter is to be transported from the 
polling place.

(c) The election 
commissions shall limit the number of voters in the election room so as to 
preserve order. No person may approach nearer than five feet to any booth or 
compartment while the election is being held, except the voters to prepare 
their ballots, or the poll clerks when called on by a voter to assist in the 
preparation of his or her ballot, and no person, other than election officers 
and voters engaged in receiving, preparing and depositing their ballots, may be 
permitted to be within five feet of any ballot box, except by authority of the 
board of election commissioners, and then only for the purpose of keeping order 
and enforcing the law.

(d) Not more than one 
person may be permitted to occupy any booth or compartment at one time. No 
person may remain in or occupy a booth or compartment longer than may be 
necessary to prepare his or her ballot, and in no event longer than five 
minutes, except that any person who claims a disability pursuant to §3-1-34 of 
this code shall have additional time up to ten additional minutes to prepare 
his or her ballot. No voter, or person offering to vote, may hold any 
conversation or communication with any person other than the poll clerks or 
commissioners of election, while in the election room.

(e) The provisions of this 
section do not apply to persons rendering assistance to blind voters as 
provided in §3-1-34 of this code or to any child 14 years of age or younger who 
accompanies a parent, grandparent or legal guardian who is voting. Any d