reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-7 - Cancellation of Program Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Program certification shall be canceled
				if any of the following occur:
7.1.1. The
				program participant fails to notify the program manager in writing of a change
				in the program participant's residential or mailing address or a change in the
				program participant's name within 10 days;
7.1.2. Any one of the cancellation conditions
				provided for by W. Va. Code §
										48-28A-103(f);
				or,
7.1.3. The program participant
				discloses her or his residential or mailing address to the alleged batterer,
				stalker, or person threatening her or his safety or that of her or his minor
				children.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-8 - Withdrawal and Expiration

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				program participant may withdraw from program participation by submitting to
				the Secretary of State written notification of withdrawal and her or his
				current authorization card. Certification shall be terminated on the date of
				receipt of this notification.
8.2.
				If the program participant verbally requests withdrawal from the program, but
				does not return her or his current authorization card, the Secretary of State
				may, at her or his discretion, cancel program participation based solely on the
				verbal request. However, before cancellation is effective based on a verbal
				request, the program manager shall send, via certified mail return receipt
				requested, written notification to the program participant stating that the
				verbal request has been received and that the program participant has thirty
				(30) days from receipt of the letter to inform the program manager that she or
				he objects to the cancellation.
8.3. A program participant's certification
				shall expire if the program participant's certification term has lapsed and
				certification has not been renewed.
8.4. The Secretary of State shall send
				written notification of the expiration to the participant's last known mailing
				or residential address. The program participant shall have ten business days in
				which to appeal the expiration in writing to the Secretary of State.
8.5. In the event that a person is no longer
				a program participant for any reason, including but not limited to,
				cancellation, termination or expiration, the Secretary of State shall:
8.5.1. Notify the designated county contact
				and the Division of Motor Vehicles that the person is no longer a program
				participant and provide the person's last known residential and mailing
				address.
8.5.2. Return any mail
				received from an agency with a letter explaining the person is no longer a
				program participant and provide the person's last known residential and mailing
				address.
8.5.3. Return all other
				mail that is not sent from an agency with an indication on the envelope that
				the person can no longer receive mail at the designated address.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-9 - Disclosure to Law Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				law enforcement agency requesting a program participant's residential or
				mailing address must provide the request to the Secretary of State, in the
				following manner:
9.1.1. The request shall be
				submitted in writing by the county prosecutor or the United States Attorney
				having the appropriate jurisdiction for the requesting law enforcement
				agency.
9.1.2. The request shall be
				on the letterhead of the county prosecutor or the United States Attorney, shall
				state the reason the address is required by that law enforcement officer or
				agency and shall state the identification of the individuals who will have
				access to the record.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-10 - Agency Disclosure Request

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An agency requesting a disclosure of
				the program participant's residential or mailing address under W. Va. Code
				§
									48-28A-106(a)(2),
				must provide in writing to the Secretary of State:
10.1.1. Identification of the statute or
				administrative rule which demonstrates the agency's bona fide requirement and
				authority for the use of the residential address of an individual;
10.1.2. Identification and description of the
				specific record or record series for which the disclosure is requested;
				and
10.1.3. Identification of the
				individuals who will have access to the record.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-11 - Service of Process

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				Secretary of State shall be an agent of the program participant upon whom any
				service of process, notice or demand may be served.
11.2. Service on the Secretary of State of
				any such service of process, notice or demand shall be made by mail or delivery
				to the Secretary of State at her or his office two copies of the process,
				notice or demand. If by mail, such service of process, notice or demand shall
				be made on the Secretary of State at her or his regular mailing address and not
				at the designated address of the program participant.
11.3. If such service of process, notice or
				demand is served on the Secretary of State on behalf of the program
				participant, the Secretary of State shall immediately forward, via certified
				mail return receipt requested, a copy to the program participant at the
				participant's residential or mailing address.
11.4. The Secretary of State shall maintain,
				in the program participant's file, a record of any service of process, notice
				or demand served upon the Secretary of State for that participant. The
				Secretary of State shall include in the file the date of such service and the
				Secretary of State's action.
11.5.
				Service or acceptance of process or notice is sufficient if return receipt is
				signed by the program participant, or if the registered or certified mail sent
				by the Secretary of State is refused by the program participant and the
				registered or certified mail is returned to the Secretary of State, or to her
				or his office, showing the stamp of the United States Postal Service that
				delivery has been refused, and the return receipt or registered or certified
				mail is appended to the original process or notice and filed in the clerk's
				office of the court from which the process or notice was issued. The Secretary
				of State may redact the residential address from any document filed with the
				court unless otherwise ordered by the court.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-12 - Protected Records Voter Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A program participant shall have the
				opportunity to apply through the Secretary of State's office for a new voter's
				registration using her or his designated address and may cancel any previous
				registration.
12.2. The Secretary
				of State shall determine the correct precinct for the program participant and
				notify the designated county contact.
12.3. The designated county contact will add
				the determined precinct to the critical precinct list and notify the program
				manager of any changes made to precincts maintained on the list.
12.4. The program manager will maintain a
				list of precincts and program participants' residential and mailing
				addresses.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-13 - Maintaining Protected Records Voter Information

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The residential and/true mailing
				address for a protected records voter shall not be maintained on any voter
				registration data base and shall not be publicly accessible regardless of the
				type of records management system.
13.2. At least sixty days before every
				special, primary, or general election, the designated county contact shall
				review all critical precinct lists and update the appropriate voter records as
				necessary. Notification shall be sent to the affected program
				participant.
13.3. A program
				participant shall have the right to vote in the same manner as any other
				qualified voter within the state, including requesting an absentee ballot
				and/or placement on the special absentee voting list.
13.4. The program participant shall apply for
				an absentee ballot and/or placement on the special absentee voting list through
				the Secretary of State's Office.
13.5 The program manager shall coordinate the
				provision of a ballot to a program participant with the designated county
				contact.
13.6 The designated county
				contact shall maintain a record of absentee ballots sent to protected records
				voters and a record of ballots returned.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-14 - Undeliverable Ballot

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. If any
				protected records voter's absentee ballot is declared undeliverable by the post
				office and returned to the Secretary of State, the program manager shall
				attempt to determine the cause of this occurrence and inform the designated
				county contact of any relevant information regarding the reason for the
				ballot's return.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-15 - Election Contest Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. If any post election challenges are
				brought pertaining to the outcome of any election and it becomes necessary to
				check the validity of all absentee ballots cast in the election by verifying
				the names and addresses of all voters casting absentee ballots, a protected
				records voter's ballot shall not be included in the review unless the county
				canvassing board determines that such a ballot would be determinative of a
				county election outcome. When the county canvassing board has determined that
				review of a protected records voter's ballot is necessary, the designated
				county contact shall verify the protected records voter's ballot, in executive
				session, using extreme caution to ensure continued confidentiality.
15.2. When the Secretary of State determines
				the review of a protected records voter's ballot is necessary to determine the
				outcome of any election that would be determined by voters outside that county,
				the county canvassing board shall review the protected ballots.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-16 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. All records
				pertaining to the program participant shall be kept confidential. A request to
				ascertain if an individual is a program participant shall be in writing and
				addressed to the program manager. Upon receipt of a written request, the
				program manager shall confirm, in writing within ten (10) days, whether or not
				an individual is a program participant, but the program manager shall not
				disclose any further information about the program participant. A copy of such
				written confirmation shall also be sent to the program participant.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-17 - Mail Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The
				Secretary of State shall take reasonable precautions to ensure outgoing mail
				from the Secretary of State's office addressed to participants at their
				residential or mailing address remains secure and confidential.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule governs the West Virginia Vote By Mail Pilot Program, created by the
				Legislature in regular session, 2009, for Class IV municipalities who choose to
				conduct early voting by mail. The rule establishes the guidelines which are to
				be used by the municipal recorder or other officer, hereafter "Clerk",
				authorized by charter or ordinance provisions to conduct voting for any
				election held entirely within a Class IV municipality.
1.2. Authority.- W.Va. Code §
				3-3A-3.
1.3. Filing Date. " May
				2,2010
1.4. Effective Date. " June
				1,2010
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. For the
				purposes of this rule:
1.1.a. "Assistance in
				voting" as used in this rule means assistance in physically marking the
				official early voting by mail ballot for a voter, or reading or directing the
				voter's attention to any part of the official early voting by mail
				ballot.
1.1.b. "Class IV
				municipality" means incorporated town or village with a population of two
				thousand or less, as defined in W.Va. Code §§
										8-1-2 and
				8-1-3.
1.1.c. "Clerk" means the municipal recorder
				or other officer authorized by charter or ordinance provisions to conduct
				voting for any election held entirely within a Class FV municipality.
1.1.d. "Mailed" means delivered by the U.S.
				Postal Service or by other express delivery service.
1.1.e. "Voting an early voting by mail ballot
				by personal appearance" means completing the early voting by mail ballot in
				person at the clerk's office during the early voting period and hand-delivering
				the ballot to the clerk.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-3 - Intent to Conduct Early Voting by MaU

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each Class IV municipality wishing to
				conduct early voting by mail shall adopt an ordinance expressing the
				municipality's intent to conduct early voting by mail in lieu of early
				in-person absentee voting.
3.2.
				Each Class IV municipality having adopted vote-by-mail, shall notify the public
				as prescribed in section 4 of this rule, and, in addition, may give public
				notice in any other manner considered appropriate by the
				municipality.
3.3. Each Class IV
				municipality wishing to conduct early voting by mail shall notify the Secretary
				of State in writing no later than the end of business on the last day of
				January of the year in which the election will be held or such notice may be
				postmarked by midnight on the last day of January in which the election will be
				held.
3.4. The clerk, or his or her
				designee, of each Class IV municipality wishing to conduct early voting by mail
				shall attend mandatory training provided by the Secretary of State or the
				municipality will forfeit participation in the early voting by mail
				program.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-4 - ONG153-38-4. Notice of Early Voting by Mail

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Notice of early voting by mail shall be
				mailed to each registered voter in the municipality no more than four weeks nor
				less than two weeks prior to the start of the early voting period.
4.2. Notice may be included in any utility or
				service statement or invoice mailed to every household in the municipality or
				by a postcard sent to all registered voters in the municipality.
4.3. Notice shall include:
4.3.a.
				"_____
(municipality
name")
_____ordinance
(ordinance
reference) provides that early voting will
				  be conducted by mail instead of voting in person at
(usual early
				  voting
location)."
4.3.b. The procedure for requesting an early
				voting by mail ballot including:
4.3.b.1. That
				a ballot may be requested by contacting the Clerk or his or her
				designees.
4.3.b.2. Manner in which
				to contact the Clerk or designee.
4.3.b.3. Notice that voter must fill out and
				return an early voting by mail ballot application.
4.3.c. The deadline a request for an early
				voting by mail ballot must be received in the office.
4.3.d. The deadline for casting an early
				voting by mail ballot.
4.3.e. Any
				other information necessary to request an early voting by mail
				ballot.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-5 - Application for BaUot; Required Materials with Ballot; Voting an Early Voting Ballot by Mail

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Upon oral
				or written request, the clerk shall provide to any voter of the municipality,
				in person, by mail, by electronic mail or by facsimile the appropriate
				application for voting early by mail as provided in W.Va. Code §
				3-3A-1
et seq..
The voter shall complete and sign the
				application in his or her own handwriting or, if the voter is unable to
				complete the application because of 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.
5.2. Completed applications for voting early
				by mail are to be accepted when received by the clerk in person, by mail, by
				electronic mail or by facsimile no more than four weeks prior to the start of
				early voting, nor less than six days prior to Election Day.
5.3. Upon acceptance of a completed
				application, the clerk shall determine whether the following requirements have
				been met:
5.3.a. The application has been
				completed as required by W.Va. Code §
										3-3-2(b)(l)-(3);
5.3.b. The applicant is duly registered to
				vote in the precinct of his or her residence and, in a primary election, is
				qualified to vote the ballot of the political party requested; and
5.3.C. The applicant is not making his or her
				first vote after having registered by postcard registration.
5.3.d. The applicant is making his or her
				first vote after having registered by postcard registration and has provided a
				copy of a current and valid photo identification or a copy of a current utility
				bill, bank statement, government check, paycheck or other government document
				that shows the name and address of the voter, submitted with the
				application.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-6 - Assistance to Voter in Voting an Early Voting by Mail Ballot

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A voter may not receive any assistance
				in voting an early voting by mail ballot unless he or she makes a declaration
				at the time he or she applies for an early voting by mail ballot that because
				of blindness, disability, advanced age or inability to read or write he or she
				requires assistance in voting an early voting by mail ballot.
6.2. Upon receipt of an early voting ballot
				by mail, the voter who requires assistance in voting such ballot and who has
				indicated he or she requires such assistance and the reasons therefore on the
				application may select any eligible person to assist him or her in
				voting.
6.3. The person providing
				assistance in voting an early voting by mail ballot shall make an affidavit on
				a form as provided by the Secretary of State, that he or she will not in any
				manner request, or seek to persuade, or induce the voter to vote any particular
				ticket or for any particular candidate or for or against any public question,
				and that he or she will not keep or make any memorand\n or entry of anything
				occurring while assisting the voter, and that he or she will not, directly or
				indirectly, reveal to any person the name of any candidate voted for by the
				voter, or which ticket he or she had voted, or how he or she had voted on any
				public question, or anything occurring while assisting the voter, except when
				required pursuant to law to give testimony as to such matter in a judicial
				proceeding.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-7 - DeUvery of Early Voting by Mail BaUots to Polling Places

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Except as otherwise provided in this
				rule, in municipahties using paper ballot systems or voting machines, the early
				voting by mail ballots of each precinct, together with the applications for the
				early voting by mail ballots, the affidavits made in connection with assistance
				in voting and any forms, lists and records as may be designated by the
				Secretary of State, are to be delivered in a sealed carrier envelope to the
				election commissioner of the precinct at the time he or she picks up the
				official ballots and other election supplies as required by W.Va. Code §
									3-1-24.
7.2. Ballots received after delivery
				described in §7.1
7.2.a. Early voting by
				mail ballots received after the delivery in §7.1 , but before closing of
				the polls, are to be delivered to the designated election commissioner of the
				precinct by the clerk in person or by messenger before the closing of the
				polls, provided the ballots are received by the official in time to make the
				delivery.
7.2.b. Any ballots
				received by the official after the time that delivery may reasonably be made
				but within the time required as provided in section five of this rule are to be
				delivered to the board of canvassers along with the provisional
				ballots.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-8 - Disposition and Counting of Early Voting by MaU BaUots

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Upon receipt of an early voting by mail
				ballot, the clerk or clerk's designee shall mark the voter's record in the poll
				book indicating the voter has voted in the election. The ballot shall be sorted
				according to precinct and shall be placed in the ballot box designated for the
				precinct to be kept locked until ballots are counted after the polls close on
				Election Day.
8.2. In
				mimicipalities using paper ballots, all early voting by mail ballots shall be
				processed as follows:
8.2.a. The ballot boxes
				containing the eewly voting by mail ballots shall be opened in the presence of
				the clerk and two representatives of opposite political parties;
8.2.b. The ballots shall be separated by
				precincts as stated on the sealed envelopes containing the ballots;
				and
8.2.C. Early voting by mail
				ballots shall be delivered to the polls to be opened and counted in accordance
				with W.Va. Code §§
										3-1-33,
				3-5-15,
				and
				3-6-6.
				Disclosure of any results before the voting has been closed and the precinct
				returns posted on the door of the polling place shall be
a. per
				se
violation of the oath taken by the counting board.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-9 - Voting in Person After Having Received and After Having Voted an Early Voting by Mail Ballot

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person
				who has applied for and received an early voting by mail ballot but has not
				voted and returned the same to the clerk may vote in person at the polls on
				election day, provided he or she returns the early voting by mail ballot to the
				election commissioners at the polling place. Upon return of the early voting by
				mail ballot, the election commissioners shall destroy the ballot in the
				presence of the voter, and one of the poll clerks shall make a notation of this
				fact as directed by instructions issued by the Secretary of State at
http://www.sos.wv.gov/elections/historyresource/Pages/default.aspx
9.2. In the event the person does not return
				the early voting by mail ballot, he or she will have his or her vote challenged
				by one or more of the election commissioners or poll clerks.
9.3. No person who has voted an early voting
				by mail ballot may vote in person on the day of the election.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-10 - Challenging of Early Voting by Mail ballots

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The clerk may challenge an early voting
				by mail ballot on any of the following grounds:
10.1.a That the application for an early
				voting by mail ballot has not been completed as required by law;
10.1.b. That any statement or declaration
				contained in the application for an early voting by mail ballot is not
				true;
10.1.c. That the applicant
				for an early voting by mail ballot is not registered to vote in the precinct of
				his or her residence as provided by law;
10.1.d. That the person voting an early
				voting by mail ballot by personal appearance in his or her office had
				assistance in voting the ballot when the person was not qualified for voting
				assistance because:
(A) The affidavit of the
				person who received assistance does not indicate a legally sufficient reason
				for assistance; or
(B) the person
				who received assistance did not make an affidavit as required by this rule; or
(C) the person who received
				assistance is not so illiterate as to have been unable to read the names on the
				ballot or that he or she is not so physically disabled as to have been unable
				to see or mark the absent voter's ballot; and
10.1.e. That the person who voted an early
				voting by mail ballot by mail and received assistance in voting the ballot was
				not qualified under the provisions of this rule for assistance.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-38 - Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail › Section 153-38-11 - Secretary of State Authority to Conduct PUot Program

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Secretary of State, pursuant to
				West Virginia Code § 3-3A-3, has been given the authority to implement
				Phase One of the Vote by Mail Pilot Program; therefore, it is the duty of all
				officials designated to supervise and conduct the vote by mail program, other
				municipal officials, and all election commissioners and poll clerks to abide by
				the Secretary of State's rules, orders and instructions and to use the forms,
				lists and records prescribed by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-39 - Vote by Mail Pilot Project Phase 2: Voting by Mail (Repealed) › Section 153-39-4 - Determining Eligibility to Receive a Ballot (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-39 - Vote by Mail Pilot Project Phase 2: Voting by Mail (Repealed) › Section 153-39-5 - Mailing Ballots; Receipt by Clerk (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-39 - Vote by Mail Pilot Project Phase 2: Voting by Mail (Repealed) › Section 153-39-6 - Assistance to Voter in Voting an Early Voting by Mail Ballot (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-39 - Vote by Mail Pilot Project Phase 2: Voting by Mail (Repealed) › Section 153-39-8 - Ballot Reception, Signature Verification and Sorting (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-39 - Vote by Mail Pilot Project Phase 2: Voting by Mail (Repealed) › Section 153-39-10 - Opening Ballot Return Envelopes (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-39 - Vote by Mail Pilot Project Phase 2: Voting by Mail (Repealed) › Section 153-39-11 - Ballot Counting Procedures in Paper Ballot Systems (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-39 - Vote by Mail Pilot Project Phase 2: Voting by Mail (Repealed) › Section 153-39-12 - Ballot Counting Procedures in Optical Scan Ballot Systems (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-39 - Vote by Mail Pilot Project Phase 2: Voting by Mail (Repealed) › Section 153-39-13 - Ballot Counting Procedures when Direct Recording Electronic Are Used (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-41 - Online Meeting Notices › Section 153-41-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule details procedures for filing online meeting notices with the Secretary of
				State's Office.
1.2. Authority. --
				W. Va. Code §
									6-9A-3(e)(3)(g).
1.3. Filing Date. -- January 4,
				2019.
1.4. Effective Date.
				--February 4, 2019.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-41 - Online Meeting Notices › Section 153-41-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "AdLaw" means
				the Administrative Law Division within the Secretary of State's
				Office.
2.2. "Agency" means a
				public agency that is an administrative or legislative unit of state, county or
				municipal government, including any department, division, bureau, office,
				commission, authority, board, public corporation, section, committee,
				subcommittee or any other agency or subunit of the foregoing, authorized by law
				to exercise some portion of executive or legislative power (see W. Va. Code
				§
									6-9A-2(7)).
2.3. "Decision" means any determination,
				action, vote or final disposition of a motion, proposal, resolution, order,
				ordinance or measure on which a vote of the governing body is required at any
				meeting at which a quorum is present.
2.4. "Emergency meeting" means any meeting
				called by a governing body for the purpose of addressing an unexpected event
				which requires immediate attention because it poses:
2.4.1. An imminent threat to public health or
				safety;
2.4.2. An imminent threat
				of damage to public or private property; or
2.4.3. An imminent material financial loss or
				other imminent substantial harm to a public agency, its employees or the
				members of the public which it serves.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-41 - Online Meeting Notices › Section 153-41-3 - Procedure for filing an online meeting notice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Go to the WV Secretary of State's
				website (sos.wv.gov).
3.2. Under
				the "Administrative Law" tab, click on "Add Meeting Notice".
3.3. The box indicating an understanding that
				the meeting information provided will be made public and acknowledgement that
				acceptance by SOS does not imply compliance with the Open Governmental
				Proceedings Act must be checked in order to continue. If statements are
				agreeable, click on the "I Agree and Want to Continue" tab.
3.4. Fill in the fields.
3.4.1. The E-mail provided is the address
				that all correspondences regarding the meeting notice will be sent.
3.4.2. The "Governing Body" field is for the
				name of the group having the meeting. This is the primary field for searching
				and displaying.
3.4.2.a. TNOTGB - The name of
				the Governing Body should not be listed as an acronym.
3.4.3. The "Agency" field is for the name of
				the larger, governing agency, if applicable. This is not a required field for
				the submission of the notice.
3.4.4. The "Division/Committee/Etc." can be
				used if applicable. This is not a required field for the submission of the
				notice.
3.4.5. The "Date of
				Meeting" field is the day the meeting will be held.
3.4.6. The "Time of Meeting" field is the
				time the meeting will take place.
3.4.7. The "Location" field is where the
				meeting will take place.
3.4.7.a. The
				location should include an address.
3.4.7.b. In the event of a teleconference
				meeting, the location should include the address of the origin of the
				call.
3.4.8. The
				"Purpose" field should be a brief overview of the main reasons for having the
				meeting. It may include action items.
3.4.8.a.
				Executive branch agencies may list the purpose as "regular meeting" or "special
				meeting".
3.4.9. The
				"Emergency Meeting" box is auto set to "No". It should be changed to "Yes" only
				when applicable.
3.4.9.a. The notice of an
				emergency meeting should include the facts and circumstances of the
				emergency.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-41 - Online Meeting Notices › Section 153-41-4 - Meeting notice timelines

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				notice of a special meeting or a regular meeting must be filed to allow the
				notice to appear on the Secretary of State's website at least five business
				days prior to the date of the meeting (see W. Va. Code §
									6-9A-3(e)(2)).
4.2. When calculating the days, the day of
				the meeting, weekends, or State holidays cannot be counted.
4.2.1. If a meeting notice is filed anytime
				other than during the Secretary of State's regular business hours, the date of
				filing will be considered the next business day (see W. Va. Code §
										6-9A-3(e)(3)).
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-41 - Online Meeting Notices › Section 153-41-5 - Meeting notice compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				circuit court in the county where the agency regularly meets has jurisdiction
				to enforce the Open Governmental Proceedings Act, W. Va. Code §6-9A
et seq.
, upon civil action commenced by any citizen of this
				state within 120 days after the action complained of was taken or the decision
				complained of was made (see W. Va. Code §
									6-9A-6).
5.2. It is the responsibility of any agency
				subject to the provisions, to understand and abide by the provisions.
5.3. Any agency, governing body, or member
				thereof subject to the provisions may seek advice and information from the
				executive director of the WV Ethics Commission or request in writing an
				advisory opinion from the West Virginia Ethics Commission Committee on Open
				Governmental Meetings (see W. Va. Code §
									6-9A-11).
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-42 - Rules For General Management And Preservation Of State Records › Section 153-42-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.Scope. This
				Legislative Rule sets forth general Standards and Procedures for the effective
				and uniform management and preservation of essential public records created or
				filed with the West Virginia Secretary of State.
1.2. Authority. - W. Va. Code §
									5-2-3.
1.3. Filing Date. - April 19,
				2012.
1.4. Effective Date. - Aprol
				19. 2012.
1.5. Purpose. The purpose
				of this rule is to establish general standards and procedures for a uniform
				records management and preservation program, retention schedule and electronic
				record-keeping systems for essential public records created or filed with the
				West Virginia Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-42 - Rules For General Management And Preservation Of State Records › Section 153-42-2 - Terms

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 "Active Record"
				is a record that is currently used to fill the need for which it was originally
				created or acquired.
2.2.
				"Archival quality" means a quality of reproduction providing permanent,
				durable, and nondestructive storage or copying medium for records consistent
				with established standards specified by state and national agencies and
				organizations responsible for establishing the standards, such as the
				Association for Information and Image Management, the American National
				Standards Institute, the National Bureau of Standards, the National Archives
				and Records Administration, and others, as applicable.
2.3. "Archival record" means a non-current
				record of continuing and enduring administrative, fiscal, historical or legal
				value, useful to the citizens of the state, and necessary to the administrative
				functions of state agencies in the conduct of services and activities mandated
				by law.
2.4. In the appraisal of a
				public record determined "archival," the terms "administrative," "fiscal,"
				"historical," and "legal" shall have the following meanings:
2.4.a. "Administrative value" means the
				records have continuing utility in the operation of the office of the Secretary
				of State.
2.4.b. "Fiscal value"
				means the records are needed to document and verify financial authorizations,
				obligations and transactions.
2.4.C. "Historical value" means the records
				contain information, regardless of age, which provides significant
				understanding of some aspect of the government and promotes the development of
				an informed and enlightened citizenry.
2.4.d. "Legal value" means the records
				document the actions taken in the protection and proving of legal or civil
				rights and obligations of individuals and agencies.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-42 - Rules For General Management And Preservation Of State Records › Section 153-42-3 - Retention Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. As
				authorized by the code, the Secretary of State shall create a retention
				schedule for essential public records and make it available for public
				inspection in the Secretary of State's Office. The Secretary of State shall
				develop the schedule in coordination with the Department of Administration and
				the Division of Culture and History, Archives and History section.
3.2. Disposition of documents is subject to:
3.2.a. Deference to the Division of Culture
				and History, Archives andHistory section of documents before
				disposal;
3.2.b. The resolution of
				all known investigations or court cases involving the listed records before the
				records can be destroyed. Knowledge of subpoenas, investigations, or litigation
				that reasonably may involve the listed records suspends any disposal or
				reformatting processes until all issues are resolved;
3.2.C. The settlement of all known audits and
				audit discrepancies regarding the listed records before the records can be
				destroyed; and
3.2.d. The interest
				of other agencies or state institutions. Documents may be transferred with
				consent of the Secretary of the Department of Administration and the Director
				of Archives and History.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-43 - Regulation of Political Party Headquarters Finances › Section 153-43-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule clarifies and provides for implementation of state law relating to the
				regulation of political party headquarters finance, reporting requirements and
				prohibited activities set forth under W. Va. Code §
									3-8-2c.
1.2. Authority. -- W. Va. Code §
									3-8-2c.
1.3. Filing Date. -- May 11, 2022..
1.4. Effective Date. -- May 11,
				2022.
1.5. Sunset Provision. --
				This Rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-43 - Regulation of Political Party Headquarters Finances › Section 153-43-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of this rule, the following definitions
				  apply:
2.1. "Filing period" is a
				quarterly date when a financial report is required by section 6 of this rule.
				The first report shall be filed between January 1 and 7, April 1 and 7, July 1
				and 7, and October 1 and 7, next following receipt of a contribution, or making
				of expenditure, in excess of $250 in the aggregate.
2.2. "Party headquarters committee" or
				"Committee" as used in this rule as defined in W. Va. Code §
									3-8-2c(a)(3)
				includes any person, organization or group of persons soliciting or receiving
				contributions for the purpose of funding the lease, purchase, construction or
				financing of the lease, purchase, or construction of a party headquarters,
				including utilities, maintenance, furniture, fixtures, and equipment for the
				party headquarters, or for a county executive committee's
				headquarters.
2.3. "Obligated" is
				expenditures contracted to be paid at some later date.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-43 - Regulation of Political Party Headquarters Finances › Section 153-43-3 - Contributions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. May be made by
				any individual, corporation, partnership, committee, or association and any
				other organization or group of individuals.
3.2. Limitations on sources of contributions
				are as determined in 146 CSR 3.
3.3. Contributions to a committee, either
				in-kind or monetary, are independent of, and not included in, other aggregate
				total contribution limitations W. Va. Code §
									3-8-1
et seq
.
3.4.
				Contributions may not be anonymous. Anonymous contributions which cannot be
				returned because the donor cannot be identified shall be donated to the General
				Revenue Fund.
3.5. Cash
				contributions from any one contributor may not total more than $50 in United
				States or other country currency.
3.6. All contributions must be deposited and
				maintained in an account separate from any other accounts maintained by the
				committee, political party, treasurer, agent, or other person acting in behalf
				of the committee.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-43 - Regulation of Political Party Headquarters Finances › Section 153-43-4 - Contribution Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No
				individual, or other identity listed in Section 3.1, may contribute more than
				$10,000 in the aggregate.
4.2. The
				committee may not receive contributions of more than $1,000,000 in the
				aggregate.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-43 - Regulation of Political Party Headquarters Finances › Section 153-43-5 - Lawful Expenditures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Contributions may be expended for purchase, construction or lease of the state
				headquarters of a political party.
5.2. Contributions may be expended for
				utilities, maintenance, furniture, fixtures and equipment
5.3. Contributions may not be used for
				satellite offices or expenditures related to satellite offices.
5.4. Contributions may not be used for
				political purposes.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-43 - Regulation of Political Party Headquarters Finances › Section 153-43-6 - Contribution and Expenditures Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A committee, financial agent or other
				person or officer acting in behalf of a committee, must file a financial report
				in the filing period in which the committee first receives any contributions,
				or makes or obligates any expenditure, totaling $250 in the
				aggregate.
6.2. Once an initial
				report has been filed in accordance with Section 6.1, additional reports must
				be filed each reporting period thereafter until the committee is terminated.
				The report must be filed even if no contribution has been received, or
				expenditure made, during the filing period.
6.3. Reports may be filed
				electronically.
6.4. Reports are to
				be verified.
6.5. Reports are to be
				on forms prescribed by the Secretary of State.