West Virginia Code § 3-2-25

Systematic purging program for removal of ineligible voters from active
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voter registration files; comparison of data records; confirmation notices; public
inspection list.
(a) The systematic purging program provided in this section shall begin no earlier than
October 1 of each odd-numbered year and shall be completed no later than February 1 of the
following year. The clerk of the county commission shall transmit, or mail toe the Secretary of
State, a certification that the systematic purging program has been completed and all voters
identified as no longer eligible to vote have been canceled in the statewride voter registration
database in accordance with the law no later than February 15 in the year in which the
purging program is completed.
(b) The Secretary of State shall provide for the comparison otf data records of all counties.
The Secretary of State shall, based on the comparison, prepare a list for each county which
shall include the voter registration record for each voter shown on that county's list who
appears to have registered or to have updated a voter registration in another county at a
subsequent date. The resulting lists shall be returned to the appropriate county and the
clerk of the county commission shall proceed swith the confirmation procedure for those
voters as prescribed in §3-2-26 of this code.
(c) The Secretary of State may provigde for the comparison of data records of counties with
the data records of the Division of Motor Vehicles, the registrar of vital statistics, and with
the data records of any other setate agency which maintains records of residents of the state,
if the procedure is practical and the agency agrees to participate. Any resulting information
regarding potentially inLeligible voters shall be returned to the appropriate county and the
clerk of the county commission shall proceed with the confirmation procedure as prescribed
in §3-2-26 of this code.
(d) The records of all voters not identified pursuant to the procedures set forth in
subsections (b) and (c) of this section shall be combined for comparison with United States
PosWtal Service change of address information, as described in section 8(c)(A) of the National
Voter Registration Act of 1993 (42 U. S. C.§1973gg, et seq.). The Secretary of State shall
contract with an authorized vendor of the United States Postal Service to perform the
comparison. The cost of the confirmation notices, labels, and postage shall be paid for by the
counties.
(e) The Secretary of State shall return to each county the identified matches of the county
voter registration records and the postal service change of address records.
(1) When the change of address information indicates the voter has moved to a new address
within the county, the clerk of the county commission shall enter the new address on the
voter record and assign the proper precinct.
(2) The clerk of the county commission shall then mail to each voter who appears to have
moved from the residence address shown on the registration records a confirmation notice
pursuant to §3-2-26 of this code and of section 8(d)(2) of the National Voter Registration Act
of 1993 (42 U. S. C.§1973gg, et seq.). The notice shall be mailed, no later than December 31,
to the new address provided by the postal service records or to the old address if a new
address is not available.
(f) The clerk of the county commission shall indicate in the statewide voter registration
database the name and address of each voter to whom a confirmation noticee was mailed and
the date on which the notice was mailed.
(g) Upon receipt of any response or returned mailing sent pursuant to the provisions of
subsection (e) of this section, the clerk shall immediately enter tuhe date and type of response
received in the statewide voter registration database and shall then proceed in accordance
with the provisions of §3-2-26 of this code. t
(h) For purposes of complying with the recordkeeping aand public inspection requirements of
the National Voter Registration Act of 1993 (42 U. S. C.§1973gg, et seq.), and with the
provisions of §3-2-27 of this code, the public inspecltion lists shall be maintained either: (1) In
printed form kept in a binder prepared for sucsh purpose and available for public inspection
during regular business hours at the office of the clerk of the county commission; or (2) in
read-only data format available for public inspection on computer terminals set aside and
available for regular use by the genegral public. Information concerning whether or not each
person has responded to the notice shall be entered into the statewide voter registration
database upon receipt and shaell be available for public inspection as of the date the
information is received.
(i) Any voter to whom a confirmation notice was mailed pursuant to the provisions of
subsection (e) of this section who fails to respond to the notice, or to update his or her voter
registration address by February 1 immediately following the completion of the program,
shall be designated inactive in the statewide voter registration database. Any voter
designated inactive shall be required to affirm his or her current residence address on a
formW prescribed by the Secretary of State, upon appearing at the polls to vote.
(j) In addition to the preceding purging procedures, all counties using the change of address
information of the United States Postal Service shall also, once each four years during the
period established for systematic purging in the year following a presidential election year,
conduct the same procedure by mailing a confirmation notice to those persons not identified
as potentially ineligible through the change of address comparison procedure but who have
not updated their voter registration records and have not voted in any election during the
preceding two calendar years. The purpose of this additional systematic confirmation
procedure shall be to identify those voters who may have moved without filing a forwarding
address, moved with a forwarding address under another name, died in another county or
state so that the certificate of death was not returned to the clerk of the county commission,
or who otherwise have become ineligible.

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