West Virginia Code § 3-1-3

(a) Citizens of the state may vote at all elections held within the precincts of the counties and
municipalities in which they respectively reside, but a person may not vote in a federal,
state, county, municipal, or special election unless the person:
(1) Is registered to vote as required by law;
(2) Is 18 years of age, except that a person may vote in a primary election if he or she will
reach the age of 18 years on or before the date of the next general election held after the
primary election; u
(3) Has not been determined by a final judgment of a circuit court exercising jurisdiction
pursuant to §44A-1-2(c) of this code to be totally mentally incompetent;
(4) Has not been convicted of treason, a felony, or bribery in an election or, if convicted, has:
(A) Had his or her sentence fully discharged, including any term of incarceration, parole,
supervision, or period of probation ordered by any court; or
(B) Been pardoned or otherwise formally released from the resulting disability to vote;
(5) Is a United States citizen; and
(6) Is a bona fide resident of the state, county, or municipality in which he or she offers to
vote. L
(b) For purposes of §3-1-3 (a)(3), a person is requalified to vote upon certification in writing
by the clerk of the circuit court of an order or other official determination filed with his or
her office that the person is no longer totally mentally incompetent: Provided, That a copy of
the order or other official determination shall not be provided without further order by a
couWrt of competent jurisdiction or written permission signed by the person to whom the
order or official determination pertains.
(c) For purposes of §3-1-3 (a)(4):
(1) A person convicted of a disqualifying crime may not vote from the date of adjudication of
that crime, notwithstanding any pending sentencing order, post-trial motions, direct appeals,
or other post-conviction requests for relief; and
(2) A person is not considered to have been convicted of a disqualifying crime where the
criminal proceedings are deferred and there is no adjudication of guilt as to the disqualifying
crime.

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