Early Voting
Early voting in West Virginia provides registered voters with the opportunity to cast their ballots in person before Election Day, offering flexibility for those unable to vote on the designated day. This process, often referred to as "in-person absentee voting" in state law, is governed primarily by West Virginia Code Chapter 3, Article 3 (Voting by Absentees), with additional references in Article 1 (General Provisions and Definitions). Below is a detailed explanation of how early voting works in West Virginia, supported by relevant state code references as of March 3, 2025.
What is Early Voting?
In West Virginia, early voting is technically classified as in-person absentee voting under West Virginia Code §3-3-3. Unlike traditional absentee voting by mail, it allows voters to visit a designated location—typically the county courthouse or an annex—and vote in person using the same voting systems (e.g., ES&S ExpressVote and DS200) as those used on Election Day. It eliminates the need for an excuse that was historically required for absentee voting, making it accessible to all registered voters.
Eligibility
- Who Can Vote Early: Any registered voter in West Virginia may participate in early voting without providing a reason (§3-3-3(a)). This change, enacted in 2001, removed prior restrictions that limited in-person absentee voting to specific circumstances (e.g., illness, travel).
- Registration: You must be registered to vote by the deadline, which is 21 days before the election (§3-2-6). Same-day registration is not available during early voting.
Early Voting Period
- Duration: Early voting begins 13 days before Election Day and ends 3 days before Election Day (§3-3-3(b)). This period includes at least two Saturdays to accommodate weekend voters but excludes Sundays and the Monday before the election.
- Dates Example: For a Tuesday, November 4, 2025, general election:
- Starts: Wednesday, October 22, 2025.
- Ends: Saturday, November 1, 2025.
- Hours: Locations must be open from 8:30 a.m. to 4:30 p.m. on weekdays. Saturdays are from 9:00 am till 5:00 pm (§3-3-3(c)).
Locations
- Primary Location: The county courthouse or an annex designated by the county commission serves as the early voting site (§3-3-3(d)). In our county, this is held at the Old Union Rescue Squad Building.
- Community Voting Locations: Counties may establish additional "community voting locations" with approval from the Secretary of State (§3-3-2a):
- Up to four extra sites can be set up for primary and general elections, based on population density and geographic distribution.
- These must operate for at least five consecutive days, starting no later than the 10th day before the election, and must use approved voting equipment.
- Notice of these locations must be published as a Class II legal advertisement at least 30 days prior (§3-3-2a(e)).
- In our county, the Peterstown Town Hall serves as an additional Early Voting site.
Voting Process
The process mirrors Election Day voting with slight procedural differences:
- Check-In: Present a valid, unexpired ID (§3-1-34), such as a driver’s license, passport, or voter ID card. If you lack ID, you may vote provisionally (§3-1-41).
- A poll worker verifies your registration and issues an early voting application (§3-3-3(e)), which you complete to confirm your intent to vote early. This form is simplified and does not require an excuse.
- You’re given an activation card or blank thermal paper card for the voting machine.
Casting Your Vote:
- Equipment: Counties using electronic voting systems (ES&S ExpressVote and DS200) follow the same steps as Election Day (§3-4A-13):
- Use the ExpressVote touchscreen to make selections, review them, and print the ball (§3-4A-19).
- Insert the ballot into the DS200 to scan and cast your vote (§3-4A-18).
- Paper Ballots: Sometimes a paper ballot is used, you mark a ballot by hand, which is then secured for counting (§3-3-3(f)).
- Accessibility: The same accessibility features (e.g., audio, tactile devices) are available (§3-4A-3).
Securing the Vote:
- Electronic votes are stored in the DS200’s ballot box or memory until Election Day tabulation (§3-4A-27).
- Paper ballots are are also stored in the DS200's ballot box or memory until Election Day tabulation (§3-3-3(f)).
One-Time Voting: Once you vote early, you cannot vote again on Election Day unless you surrender an unused absentee ballot by mail (§3-3-9).
Key Legal Provisions
§3-3-3: Establishes early in-person voting, its timing, locations, and procedures.
(a): Open to all registered voters.
(b): Sets the 13-day start and 3-day end period.
(d): Designates the courthouse or annex as the primary site.
§3-3-2a: Authorizes and regulates community voting locations.
§3-4A-13 & §3-4A-19: Govern the use of electronic voting systems like ExpressVote during early voting.
§3-1-34: Requires voter ID for in-person voting, including early voting.
§3-1-31: Sets polling hours (adapted for early voting under §3-3-3(c)).
Tabulation
- When Counted: Early votes are not tabulated until Election Day. Electronic votes remain in the DS200’s memory or ballot box (§3-4A-27 and §3-3-8).
- Where Counted: Votes are transported to a Central Counting Center (§3-4A-27). Results are combined with Election Day totals (§3-6-6).
Special Considerations
Provisional Ballots: If eligibility is questioned (e.g., ID issues), you vote provisionally, and the canvassing board verifies it post-election (§3-1-41).
Security: Early voting equipment and ballots are tested before use (§3-4A-26) and stored securely between sessions (§3-3-3(f)).
Public Notice: Counties must post early voting locations and hours at least 10 days prior, per Class I legal advertisement rules (§3-3-2a(e)).
Practical Tips
- Check your county clerk’s website (e.g., Monroe County Clerk) or the Secretary of State’s site (sos.wv.gov) for exact locations and hours.
- Arrive early in the period to avoid last-minute crowds, especially on Saturdays.
- Bring ID to streamline check-in.
Conclusion
Early voting in West Virginia, codified under §3-3-3 and supported by electronic voting regulations in Article 4A, offers a convenient alternative to Election Day voting. It runs from 13 days to 3 days before the election at the courthouse or approved community sites, using familiar systems like the ExpressVote and DS200. This process ensures accessibility, security, and voter flexibility, reflecting West Virginia’s commitment to fair elections as outlined in Chapter 3 of the state code.