West Virginia Code § 3-2-13

Agencies to provide voter registration services; designation of responsible
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employees; forms; prohibitions; confidentiality.
(a) For the purposes of this article, "agency" means a department, division or office of state
or local government, or a program supported by state funds, which is designated under this
section to provide voter registration services, but does not include departments, divisions or
offices required by other sections of this article to provide voter registratione services.
(b) The following agencies shall provide voter registration services pursuant to the
provisions of this article:
(1) Those state agencies which administer or provide services under the food stamp
program, the Aid to Families with Dependent Children (AFDC) program, the Women, Infants
and Children (WIC) program and the Medicaid program;
(2) Those state-funded agencies primarily engaged in providing services to persons with
disabilities; l
(3) County marriage license offices;
(4) Armed services recruitment offices, as required by federal law; and
(5) The Department of Revenue, if it provides a check box on any form provided to the
general public authorizing the Department of Revenue to request a voter registration
application by mail from the Secretary of State on behalf of the applicant.
(c) No later than October 1, 1994, the Secretary of State shall, in conjunction with a
designated represen tative of each of the appropriate state agencies, review those programs
and offices established and operating with state funds which administer or provide public
assistance or services to persons with disabilities and shall promulgate an emergency rule
pursuant to the provisions of chapter twenty-nine-a of this code designating the specific
programs and offices required to provide voter registration services in order to comply with
the requirements of this section and the requirements of the National Voter Registration Act
of 1993 (42 U.S.C. §1973gg, et seq.). The offices and programs so designated shall begin
providing voter registration services on January 1, 1995.
(d) In each even-numbered year, the Secretary of State shall, in conjunction with the
designated representatives of the appropriate state agencies, perform the review as required
by the provisions of subsection (c) of this section. The Secretary of State shall periodically
review and revise, if necessary, the legislative rule designating the specific agencies
required to provide voter registration services.
(e) Each state agency required to provide services pursuant to the provisions of this article
shall designate a current employee of that agency to serve as a state supervisor to
administer voter registration services required in all programs under the agency's
jurisdiction. Each state supervisor is responsible for coordination with the Secretary of
State, overall operation of the program in conjunction with services within the agency,
designation and supervision of local coordinators and for the review of any complaints filed
against employees relating to voter registration as provided in this chapter.
(f) The state supervisor shall designate a current employee as a local coordinator for voter
registration services for each office or program delivery center who shall be responsible for
the proper conduct of voter registration services, timely return of completede voter
registration applications, proper handling of declinations and reporting requirements. Notice
of the designation of these persons shall be made upon request of the Srecretary of State and
within five days following any change of designation. Each local coordinator shall receive
biannual training provided by the Secretary of State.
(g) The registration application forms used for agency registtration shall be issued pursuant
to the provisions of section five of this article.
(h) The Secretary of State, in conjunction with those agencies designated to provide voter
registration services pursuant to the provisions of tlhis section, shall prescribe the form or
portion of the appropriate agency form requirsed by the provisions of 42 U.S.C. §1973gg, et
seq., section 7(a)(6)(B) of the National Voter Registration Act of 1993, containing the
required notices and providing boxes for the applicant to check to indicate whether the
applicant would like to register or dgecline to register to vote. The form or portion of the form
is designated the "declination form".
(i) A person who provides voter registration services may not:
(1) Seek to influence an applicant's political preference or party registration;
(2) Display to any ap plicant any political preference or party allegiance;
(3) Make any statement to an applicant or take any action the purpose or effect of which is
to discourage the applicant from registering to vote; or
(4) Make any statement to an applicant or take any action the purpose or effect of which is
to lead the applicant to believe that a decision to register or not to register has any bearing
on the availability of services or benefits.
(j) No information relating to the identity of a voter registration agency through which any
particular voter is registered or to a declination to register to vote in connection with an
application made at any designated agency may be used for any purpose other than voter
registration.

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