West Virginia Code § 3-2-18

Registration records; active, inactive, canceled, pending and rejected
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registration files; procedure; voting records.
(a) For the purposes of this article:
(1) "Original voter registration record" means all records submitted or entered in writing or
electronically, where permitted by law, for voter registration purposes, including:
(A) Any original application or notice submitted by any person for registration or
reinstatement, change of address, change of name, change of party affiliation, correction of
records, cancellation, confirmation of voter information, or otheru request or notice for voter
registration purposes; and
(B) Any original entry made on any voters' registration record at the polling place or made
or received by the clerk of the county commission relaating to any voters' registration such as
records of voting, presentation of identification and proof of age, challenge of registration,
notice of death or obituary notice, notice of disquallifying conviction or ruling of mental
incompetence, or other original document whsich may affect the status of any person's voter
registration.
(2) "Active voter registration records" means the registration records, whether on paper or
in electronic format, containing the names, addresses, birth dates, and other required
information for all persons within a county who are registered to vote and whose registration
has not been designated as inactive or canceled pursuant to the provisions of this article.
(3) "Inactive voter registration records" means the registration records, whether on paper or
in electronic format, containing the names, addresses, birth dates, and other required
information for all pe rsons designated inactive pursuant to the provisions of §3-2-27 of this
code followingV the return of the prescribed notices as undeliverable at the address provided
by the United States Postal Service or entered on the voter registration, or for failure of the
contacted voter to return a completed confirmation notice within 30 days of the mailing.
(4) "Canceled voter registration records" means the records containing all required
information for all persons who have been removed from the active and inactive voter
registration records and who are no longer registered to vote within the county.
(5) "Pending application records" means the temporary records containing all information
submitted on a voter registration application, pending the expiration of the verification
period.
(6) "Rejected application records" means the records containing all information submitted on
a voter registration application which was rejected for reasons as described in this article.
(7) "Confirmation pending records" means the records containing all required information
for persons who have been identified to be included in the next succeeding mailing of
address confirmation notices as set forth by the National Voter Registration Act of 1993 (42
U.S.C. § 1973gg et seq.).
(b) For the purposes of this chapter or of any other provisions of this code relating to
elections conducted under the provisions of this chapter, whenever a requirement is based
on the number of registered voters, including, but not limited to, the number of ballots to be
printed, the limitations on the size of a precinct, or the number of petition signatures
required for election purposes, only those registrations included on the actieve voter
registration files shall be counted and voter registrations included on the inactive voter
registration files, as defined in this subdivision, are not to be counted. r
(c) Active voter registration records, confirmation pending recoruds, and inactive voter
registration records may be maintained in the same physical location, providing the records
are coded, marked, or arranged in such a way as to make thte status of the registration
immediately obvious. Canceled voter registration records, pending application records, and
rejected application records may be maintained in separate physical locations. However, all
such records shall be maintained in the statewide voter registration database, subject to this
article.
(d) The effective date of any action affecting any voter's registration status shall be entered
on the voter record, including the effective date of registration, change of name, address or
party affiliation or correction of the grecord, effective date of transfer to inactive status,
return to active status, or cancellation. When any registration is designated inactive or is
canceled, the reason for the deesignation or cancellation and any reference notation
necessary to locate the original documentation related to the change shall be entered on the
voter record. L
(e) Within 80 days after each primary, general, municipal, or special election, the clerk of the
county commission shall enter the voting records into the statewide voter registration
database.

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