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Absentee Voting in Monroe County

Absentee voting in West Virginia allows registered voters who cannot vote in person on Election Day or during the early voting period to cast their ballots by mail or electronically under specific conditions. This process is governed primarily by West Virginia Code Chapter 3, Article 3 (Voting by Absentees), with key sections such as §3-3-1, §3-3-2, §3-3-5, and others providing the legal framework. Below is a detailed description of absentee voting in West Virginia, incorporating relevant state code provisions as of February 28, 2025.

Eligibility for Absentee Voting

  • West Virginia Code §3-3-1 outlines the categories of voters eligible to vote absentee. These include:
    • Physical Disability or Confinement:  Voters with a physical disability (defined in §3-3-1a as a condition preventing independent voting without assistance or access to polling places) who are confined due to illness, injury, or medical reasons.  Example: Individuals hospitalized, in nursing homes, or homebound due to advanced age or disability.
    • Absence from County:  Voters absent from their county of residence during the entire period of early voting and Election Day due to:
    • Personal or business travel.
    • Attendance at a college, university, or other educational institution.
    • Employment that makes in-person voting impossible due to hours worked and distance from the county seat.
    • Uniformed Services and Overseas Voters:  Absent uniformed services voters or overseas voters, as defined by the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 42 U.S.C. §1973 et seq., including:
      • Active-duty members of the uniformed services or merchant marine, their spouses, and dependents.
      • U.S. citizens residing outside the United States who are qualified to vote in their last place of residence in West Virginia.
    • Temporary Residence Outside County:  Voters temporarily dwelling outside their county due to:
    • Serving as an elected or appointed federal or state officer.
    • Employment assignments of specific duration (four years or less).
    • Incarceration or Detention:  Voters incarcerated or detained (e.g., in jail or home confinement) but not convicted of a felony, treason, or election bribery (including probation or parole periods).
    • Address Confidentiality Program (ACP) Participants:  Individuals enrolled in the ACP under §48-28A-103, managed by the Secretary of State, to protect their location due to safety concerns (e.g., domestic violence survivors).
    • Inaccessible Polling Places:  Voters whose assigned polling place and county absentee voting office are inaccessible due to a physical disability.
    • Replacement Poll Workers:  Voters assigned as replacement poll workers to a precinct outside their voting district after the in-person absentee voting period has ended.
    • Qualified First Responders:  First responders (e.g., firefighters, EMTs) called to an emergency outside their county that prevents in-person or mail-in voting (§3-3-1(c)(3)).

Application Process

Under West Virginia Code §3-3-2, voters must request an absentee ballot by submitting an application to the official designated to supervise and conduct absentee voting (typically the county clerk). Key details include:

Form Requirements:

  • The application must be on a form prescribed by the Secretary of State, including:
    • Voter’s Name
    • Date of Birth
    • Political Affiliation
    • Residence Address.
  • Address where the ballot should be sent.
  • Reason for requesting an absentee ballot (e.g., illness, travel).
  • For illness/hospitalization, the attending physician’s name and phone number.
  • Voter’s signature under penalty of false swearing (§3-3-9).

UOCAVA voters may use the Federal Post Card Application (FPCA).

ACP participants apply through the program manager in the Secretary of State’s office.

Submission Methods:

  • By mail
  • Electronically
  • Person  

If the official form isn’t available, a voter may submit a written request with all required information.

Timing:  Applications can be submitted as early as January 1 of an election year (§3-3-5b for special write-in ballots).

The deadline is typically 6 days before Election Day (§3-3-5), though exact dates depend on the election calendar.

Voting Process

West Virginia Code §3-3-5 governs how absentee ballots are provided and cast:


Ballot Delivery:  Starting 46 days before Election Day, the county clerk provides the ballot within one day of receiving a completed application and preparing the ballot.

Delivery options: 

  • By Mail: Includes the ballot, instructions, an unsealed “Absent Voter’s Ballot Envelope No. 1” (privacy envelope), and a prepaid “Envelope No. 2” (return envelope).
  • Electronically: For UOCAVA voters, first responders, or voters with disabilities requiring electronic marking (e.g., blind voters). Includes a privacy waiver and write-in candidate list if requested.

Marking and Returning the Ballot:  Voters mark their ballot following provided instructions.

For mail ballots, the voter seals it in Envelope No. 1, then places it in Envelope No. 2, signing where indicated.

Electronic ballots are returned via a secure method prescribed by the Secretary of State.

Deadline: Ballots must be postmarked by Election Day and received by the county clerk no later than the start of the canvass (typically 5 days after Election Day).

Special Write-In Ballots (§3-3-5b):  UOCAVA voters unable to vote by regular absentee ballot due to military service or remote locations can request a special write-in ballot.

Must be received by the close of polls on Election Day.

Special Provisions

Permanent Absentee Voting (§3-3-2b):  Voters with permanent physical disabilities or ACP participants can apply for a “special absentee voting list.” Ballots are automatically mailed for each election until the voter opts out, moves, or becomes ineligible.

Emergency Absentee Voting:  Available for voters hospitalized or in a care facility on Election Day, or poll workers assigned late to another precinct. Contact the county clerk for details.

In-Person Voting After Requesting Absentee (§3-3-9):  A voter who requested but did not use an absentee ballot can vote in person by surrendering the unvoted ballot at the polling place. If the ballot isn’t surrendered, they vote provisionally.

Penalties and Safeguards

False Swearing: Providing false information on an absentee application or ballot is punishable under §3-3-9 and §3-3-5 as a misdemeanor, with fines or jail time.

Assistance: Voters with disabilities may receive help from a person of their choice (not an employer, union officer, or candidate), or use electronic marking systems (§3-3-5(e)(1)(E)).

Security: County clerks maintain custody of ballots, and challenges to absentee votes are handled under §3-3-10.

Practical Details

Tracking: Voters can track their absentee ballot status via the Secretary of State’s online tool (apps.sos.wv.gov).

ID Requirements: First-time voters by mail may need to provide ID unless previously registered in person or with ID.

Relevant State Code Sections

§3-3-1: Defines eligible voters.

§3-3-2: Application process and authority.

§3-3-5: Voting by mail or electronically.

§3-3-5b: Special write-in ballots for UOCAVA voters.

§3-3-9: In-person voting after requesting absentee.

§3-3-12: Secretary of State’s rulemaking authority for absentee voting.

This system balances accessibility with security, ensuring eligible West Virginians can vote regardless of their circumstances, as mandated by state law and federal protections like UOCAVA. For the most current forms or deadlines, check with the county clerk or the West Virginia Secretary of State’s website.