West Virginia Code § 3-3-5b

Procedures for voting a special write-in absentee ballot by qualified
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persons.
(a) Notwithstanding any other provisions of this chapter, a person qualified to vote an
absentee ballot in accordance with subdivision (3), subsection (d), section one of this article
may apply not earlier than January 1, of an election year for a special write-in absentee
ballot for a primary or general election, in conjunction with the application feor a regular
absentee ballot or ballots. If the application is received after the forty-ninth day preceding
the election, the official designated to supervise and conduct absentee rvoting shall honor
only the application for local, state and federal offices in general, special and primary
elections.
(b) The application for a special write-in absentee ballot mayt be made on the federal
postcard application form.
(c) In order to qualify for a special write-in absentee ballot, the voter must state that he or
she is unable to vote by regular absentee ballot or lin person due to requirements of military
service or due to living in isolated areas or exstremely remote areas of the world. This
statement may be made on the federal postcard application or on a form prepared by the
Secretary of State and supplied and returned with the special write-in absentee ballot.
(d) Upon receipt of the application within the time required, the official designated to
supervise and conduct absentee voting shall issue the special write-in absentee ballot which
is to be the same ballot issued under the provisions of 42 U.S.C. §1973, et seq., the
Uniformed and Overseas Citizens Absentee Voting Act of 1986. The ballot is to permit the
elector to vote in a primary election by indicating his or her political party affiliation and the
names of the specific candidates for each office, and in a general election by writing in a
party preference for each office, the names of specific candidates for each office, or the
name of the person whom the voter prefers for each office.
(e) WWhen a special federal write-in ballot is received by the official designated to supervise
and conduct absentee voting from a voter: (1) Who mailed the write-in ballot from any
location within the United States; (2) who did not apply for a regular absentee ballot; (3)
who did not apply for a regular absentee ballot by mail; or (4) whose application for a
regular absentee ballot by mail was received less than thirty days before the election, the
write-in ballot may not be counted.
(f) Any write-in absentee ballot must be received by the official designated to supervise and
conduct absentee voting prior to the close of the polls on election day or it may not be
counted.

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