WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 976

By Senator Charnock

[Introduced February 17, 2026; referred
 to the Committee on the Judiciary; and then to the Committee on Finance]

A BILL to amend and reenact §3-1-5 and §3-3-3 of the Code of West Virginia, 1931, as amended,  relating to elections; authorizing counties, at their option, to conduct election-day voting using countywide voting centers; establishing requirements for electronic poll books, public notice, and voter notification; authorizing early voting locations to serve as voting centers on election day; providing for receiving boards at voting centers; preserving precinct boundaries for specified purposes; and authorizing rulemaking by the Secretary of State.

Be it enacted by the Legislature of West Virginia:

CHAPTER 3. Elections.

ARTICLE 1. general provisions and definitions.

§3-1-5. Voting precincts, and polling places, and countywide voting centers established; number of voters in precincts; precinct map; municipal map.

(a) The precinct is the basic territorial election unit. The county commission shall divide each magisterial district of the county into election precincts, shall number the precincts, shall determine, and establish the boundaries thereof and shall designate one voting place in each precinct, which place shall be established as nearly as possible at the point most convenient for the voters of the precinct. Each magisterial district shall contain at least one voting precinct and each precinct shall have but one voting place therein.

Each precinct within any urban center shall contain not less than 300, nor more than 1,500 registered voters. Each precinct in a rural or less thickly settled area shall contain not less than 200, nor more than 700 registered voters. A county commission may permit the establishment or retention of a precinct less than the minimum numbers allowed in this subsection upon making a written finding that to do otherwise would cause undue hardship to the voters. If, at any time the number of registered voters exceeds the maximum number specified, the county commission shall rearrange the precincts within the political division so that the new precincts each contain a number of registered voters within the designated limits: Provided, That any precincts with polling places that are within a one-mile radius of each other on or after July 1, 2014, may be consolidated, at the discretion of the county clerk and county commission into one or more new precincts that contain not more than 3,000 registered voters in any urban center, nor more than 1,500 registered voters in a rural or less thickly settled area: Provided, however, That no precincts may be consolidated pursuant to this section if the consolidation would create a geographical barrier or path of travel between voters in a precinct and their proposed new polling place that would create an undue hardship to voters of any current precinct.

If a county commission fails to rearrange the precincts as required, any qualified voter of the county may apply for a writ of mandamus to compel the performance of this duty: Provided, That when in the discretion of the county commission, there is only one place convenient to vote within the precinct and when there are more than 700 registered voters within the existing precinct, the county commission may designate two or more precincts with the same geographic boundaries and which have voting places located within the same building. The county commission shall designate alphabetically the voters who are eligible to vote in each precinct so created. Each precinct shall be operated separately and independently with separate voting booths, ballot boxes, election commissioners and clerks, and whenever possible, in separate rooms. No two precincts may use the same standard receiving board, except as permitted by the provisions of §3-1-30(j) of this code.

(b) In order to facilitate the conduct of local and special elections and the use of election registration records therein, precinct boundaries shall be established to coincide with the boundaries of any municipality of the county and with the wards or other geographical districts of the municipality, except in instances where found by the county commission to be wholly impracticable so to do. Governing bodies of all municipalities shall provide accurate and current maps of their boundaries to the clerk of any county commission of a county in which any portion of the municipality is located.

(c) To facilitate the federal and state redistricting process, precinct boundaries shall be comprised of intersecting geographic physical features or municipal boundaries recognized by the U. S. Census Bureau. For purposes of this subsection, geographic physical features include streets, roads, streams, creeks, rivers, railroad tracks, and mountain ridge lines. The county commission of every county shall modify precinct boundaries to follow geographic physical features or municipal boundaries recognized by the U.S. Census Bureau and submit changes to the Secretary of State in accordance with this section.

(d) To facilitate the state’s receipt of decennial census data from the U.S. Census Bureau which will include tabulation geography that supports the needs of the Legislature during the federal congressional and state legislative redistricting process, and the needs of county commissions during the magisterial district and precinct redistricting process:

(1) The Secretary of State shall serve as the Legislature’s agent to the U.S. Census Bureau, the county commissions, and the clerks of the county commissions for purposes of Block Boundary Suggestion Project (Phase I), Voting District Project (Phase II), and Collection of Census Redistricting Plans (Phase IV), or their equivalents, of the U.S. Census Bureau’s Redistricting Data Program for the federal decennial census. The Secretary of State may designate and utilize staff within his or her office to perform the technical responsibilities of this role.

(2) Each county commission shall submit on an ongoing basis to the Secretary of State its updated precincts and such other information as is sufficient to participate in the Block Boundary Suggestion Project (Phase I) and Voting District Project (Phase II), or their equivalents, of the Redistricting Data Program, including any verification phases. The Secretary of State shall coordinate with all counties for the submission and verification of such information. The Secretary of State shall compile the information submitted by the counties and shall submit and verify such information to the U.S. Census Bureau in compliance with the deadlines established by the U.S. Census Bureau for the Redistricting Data Program. The Secretary of State shall provide copies of such submission to the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Delegates, and the Minority Leader of the House of Delegates.

(3) Upon the conclusion of any federal congressional or state legislative redistricting process, the Legislature shall provide updated maps and accompanying technical files to the Secretary of State. The Secretary of State shall submit such maps and accompanying technical files to the U.S. Census Bureau during its Collection of Census Redistricting Plans (Phase IV) of the Redistricting Data Program. The Secretary of State shall keep available at all times on its website, and during business hours in its office at the Capitol at a place convenient for public inspection, all current maps and accompanying technical files submitted by the Legislature. The Secretary of State shall maintain previous maps and technical files submitted by the Legislature in its records.

(e) Each county commission shall keep available at all times during business hours in the courthouse at a place convenient for public inspection a map or maps of the county and municipalities with the current boundaries of all precincts and magisterial districts. Each county commission shall submit current maps and accompanying technical files to the Secretary of State upon updating its precincts and magisterial districts. The Secretary of State shall keep available at all times on its website, and during business hours in its office at the Capitol at a place convenient for public inspection, all current maps and accompanying technical files submitted by the counties. The Secretary of State shall maintain previous maps and accompanying technical files submitted by the counties in its records.

(f) A county that utilizes electronic poll books may, by order of the county commission adopted at a public meeting, elect to conduct in-person voting on election day using countywide voting centers in lieu of precinct-specific polling places. If a county elects to utilize voting centers under this subsection, any registered voter of the county may vote at any designated voting center within the county on election day.

Voting centers established under this subsection shall:

(1) Be geographically distributed throughout the county so as to reasonably serve the voting population, taking into account total registered voters, population density, transportation access, and historic turnout patterns;

(2) Comply with the Americans with Disabilities Act and all applicable federal and state accessibility laws; and

(3) Utilize electronic poll books that update the voter’s record in real time to prevent duplicate voting.

(g) A county that elects to utilize voting centers under subsection (f) of this section shall provide public notice of voting center locations as follows:

(1) The county shall publish the locations of all voting centers at least thirty days before the election in a countywide newspaper of general circulation and on the county’s official website; and

(2) For the first election conducted after the county commission adopts an order authorizing the use of countywide voting centers pursuant to subsection (f) of this section, the county clerk shall mail a postcard notice to each registered voter in the county at the voter’s address as reflected in the official voter registration records of the county clerk not later than sixty days before the election. The postcard shall identify all countywide voting center locations and shall inform voters that they may vote at any such voting center on election day.

(h) For any election conducted using countywide voting centers pursuant to subsection (f) of this section:

(1) The county commission shall appoint one or more receiving boards for each voting center in accordance with §3-1-29, except that the county commission may consolidate or combine receiving boards, as necessary, to efficiently administer voting at a voting center;

(2) Each voting center shall maintain separate ballot accounting, reconciliation, and chain-of-custody records consistent with state law;

(3) At the close of polls, voted ballots from each voting center shall be secured and transmitted to the county clerk for canvass in the same manner as ballots cast at traditional precinct polling places;

(4) Nothing in this subsection shall be construed to eliminate the duties of receiving boards to safeguard ballots, maintain voter records, and ensure the integrity of the election as otherwise required by this chapter; and

(5) A single voting center may operate multiple receiving boards as necessary based on anticipated turnout and facility capacity.

(i) Nothing in subsections (f), (g), or (h) of this section shall be construed to eliminate or alter the establishment of precinct boundaries for purposes of voter registration, redistricting, election administration, or canvassing of election returns.

(j) The Secretary of State may promulgate rules or issue guidance necessary to implement countywide voting centers, including standards for electronic poll books, voting center operations, security, and data integrity.

Article 3. Voting by absentees.

§3-3-3. Early voting in Person.

(a) The voting period for early in-person voting is to be conducted during regular business hours beginning on the 13th day before the election and continuing through the third day before the election. Additionally, early in-person voting is to be available from 9:00 a.m. to 5:00 p.m. on Saturdays during the early voting period: Provided, That a county that utilizes electronic poll books and elects to use countywide voting centers in accordance with §3-1-5(f) may, by order of the county commission, designate any early in-person voting location as a countywide voting center for use on election day: Provided however, That nothing in this subsection shall be construed to extend the period of early in-person voting beyond that otherwise authorized by this section.

(b) Any person desiring to vote during the period of early in-person voting shall, upon entering the election room, clearly state his or her name and residence to the official or representative designated to supervise and conduct absentee voting. If that person is found to be duly registered as a voter in the precinct of his or her residence, he or she is required to sign his or her name in the space marked "signature of voter" on the pollbook. If the voter is unable to sign his or her name due to illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided. A ballot may not be given to the person until he or she signs his or her name on the pollbook.

(c) When the voter's signature or mark is properly on the pollbook, two qualified representatives of the official designated to supervise and conduct absentee voting shall sign their names in the places indicated on the back of the official ballot.

(d) If the official designated to supervise and conduct absentee voting determines that the voter is not properly registered in the precinct where he or she resides, the clerk or his or her representative shall challenge the voter's absentee ballot as provided in this article: Provided, That the clerk or his or her representative may not challenge the voter’s absentee ballot if the voter has had an address change within the county, shows proof of new address, and the address change is completed in the state-wide voter registration system by the county clerk prior to canvass.

(e) The official designated to supervise and conduct absentee voting shall provide each person voting an absentee ballot in person the following items to be printed as prescribed by the Secretary of State:

(1) In counties using paper ballots, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law;

(2) In counties using punch card systems, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law, and a gray secrecy envelope;

(3) In counties using optical scan systems, one of each type of official absentee ballot the voter is eligible to vote, prepared according to law, and a secrecy sleeve; or

(4) For direct recording election systems, access to the voting equipment in the voting booth.

(f) The voter shall enter the voting booth alone and there mark the ballot: Provided, That the voter may have assistance in voting according to the provisions of section four of this article. After the voter has voted the ballot or ballots, the absentee voter shall: Place the ballot or ballots in the gray secrecy envelope and return the ballot or ballots to the official designated to supervise and conduct the absentee voting: Provided, however, That in direct recording election systems, once the voter has cast his or her ballot, the voter shall exit the polling place.

(g) Upon receipt of the voted ballot, representatives of the official designated to supervise and conduct the absentee voting shall:

(1) Remove the ballot stub;

(2) Place punch card ballots and paper ballots into one envelope which shall not have any marks except the precinct number and seal the envelope; and

(3) Place ballots for all voting systems into a ballot box that is secured by two locks with a key to one lock kept by the president of the county commission and a key to the other lock kept by the county clerk.

NOTE: This bill authorizes optional use of countywide voting centers on election day and establishes related notice, administrative, and rulemaking provisions.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.