How To Register To Vote in West Virginia
West Virginia offers a few options for completing your voter registration. Let’s examine each one.
Online registration
The state’s Online Voter Registration portal lets eligible voters submit an application electronically. You will need a valid West Virginia driver’s license or state-issued ID to register online. Without one, you’ll need to register by mail or in person instead.
In-person registration
In-person registration is available at any DMV office when you are completing a driver’s license transaction. This is sometimes called “Motor Voter” registration. Registration to vote through your driver’s license is not automatic. You have to actively opt in to register during your visit.
Mail-in registration
For mail-in registration, you have to submit your application before the 21-day deadline. West Virginia accepts a mailed application if it has a U.S. Postal Service postmark date on or before the voter registration deadline. Apply as early as you can to avoid delays in mail delivery could cost you your chance to vote.
It’s always a good idea to check your registration status before an election to give yourself time to correct any issues. Even if you voted in the last election, confirm that you’re still eligible.
How Do I Get an Absentee Ballot?
West Virginia limits absentee voting to voters who meet specific eligibility criteria. If you wish to vote absentee, you may qualify if you:
- Will be absent from your county during both the early voting period and Election Day
- Have a disability or illness that prevents you from voting in person
- Are serving in the military or living overseas
- Are incarcerated for a non-felony offense
If you are eligible for absentee voting, you must fill out an Absentee Ballot Application. You can submit the form via fax, e-mail, mail, or in person to your local County Clerk six days before the election.
When voting by mail for the first time, you will need to present a form of ID if you didn’t do so when you registered to vote. Include a copy of one of the following in your returned ballot:
- Valid photo identification
- Utility bill
- Bank statement
- Government check
- Paycheck
- Any other official government document
You can find more information about absentee voting through sos.wv.gov. Because mail and email delivery can be unpredictable, apply as early as possible to avoid missing the deadline.
Emergency Absentee Ballots
You may be eligible for an Emergency Absent Voter’s Ballot in certain instances. Under West Virginia code, you may qualify for an emergency absentee ballot in any of the following situations:
- You are confined or expect to be confined in a hospital or other licensed health care facility within your county of residence on Election Day
- You reside in a nursing home within your county and would otherwise be unable to vote in person
- You become confined on or after the seventh day before the election to a specific location within the county because of illness, injury, physical disability, immobility due to advanced age, or another medical reason
- You are serving as a replacement poll worker and were assigned to a precinct outside your voting district after the in-person absentee voting period had already ended
If you qualify, contact your County Clerk‘s election office about submitting an Application for Voting an Emergency Absent Voter’s Ballot. Military and overseas voters who qualify under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) can file their votes online.
Can I Vote Early in West Virginia?
Yes, West Virginia offers early voting. The regular early voting period begins 13 days before the election and ends three days before the election. Early voting locations and hours vary by county. Check with your county clerk for specific times and locations.
What Identification Do I Need?
West Virginia requires voters to present a valid photo ID when voting in person, whether during early voting or on Election Day. Under West Virginia law, the ID must contain both your name and your photograph.
Accepted forms of photo ID include:
- West Virginia driver’s license or state-issued ID
- U.S. passport or passport card
- U.S. military ID with photo
- Student ID with photo from a WV institution of higher education or a WV high school
- Employee ID with photo issued by the local, state, or federal government
- Voter registration card with photo issued by a WV County Clerk or the Secretary of State
- A valid driver’s license issued by a state other than West Virginia
- A valid WV Supplemental Nutrition Assistance Program (SNAP) ID card
- A valid WV Temporary Assistance for Needy Families (TANF) ID card
- A valid WV Medicaid ID card
- A valid hunting or fishing license issued by the State of West Virginia
There is one exception in the photo ID rule for first-time voters in West Virginia. If you are a first-time voter in West Virginia or in your county and registered by mail without submitting an ID, you do not necessarily need a photo ID to vote. Instead, you can show them other documents, such as a bank statement, utility bill, government check, paycheck, or any other government document that reflects your name and current address. This rule is derived from the federal Help America Vote Act and is reflected in West Virginia’s code. If you are a first-time voter and cannot provide any of the forms of identification listed above, you can still cast a provisional ballot.
Exceptions and Alternatives to Photo ID Requirement
There are a few situations where the standard photo ID requirement does not apply:
- Religious objection: Voters who belong to a recognized religious community that prohibits being photographed may obtain a non-photo ID from the DMV, which is accepted at the polls
- Voters 65 and older: An expired photo ID is still valid, as long as it had not yet expired on your 65th birthday
- Vouching: If someone has known you for at least six months, is a registered voter, has valid ID, and will sign a sworn affidavit confirming your identity, they may be able to vouch for you at the polls (a poll worker who has known you for at least six months can vouch for you as well)
- Residents of state care facilities: If you live in a licensed state care facility and vote at that location, you are exempt from the photo ID requirement
If you arrive without an accepted ID and none of these exceptions apply, you can still request a provisional ballot. See the section below for more details. For additional information regarding acceptable ID and exceptions to the voter ID rule, you can visit the Be Registered and Ready page of the West Virginia Secretary of State‘s website.
What if There’s a Problem With My ID?
If a poll worker questions your eligibility at the polls because of an issue with your ID, a registration discrepancy, or some other concern, you still have the right to vote. Don’t leave the polling place without voting.
Eligible voters whose registration is in question can cast what’s called a provisional ballot. It is also referred to as a “challenged” ballot. After Election Day, the Board of Canvassers reviews these ballots. If the signature on your ballot envelope matches your signature on file, your vote will count.
If a poll worker refuses to give you a provisional ballot, that’s a violation of West Virginia election law. Poll workers cannot turn you away for lacking acceptable identification without allowing you to cast a provisional ballot.
Accommodations for Voters With Disabilities
West Virginia law gives certain voters the right to request help at the polls. If you belong to the following groups, you can request help from a poll worker, election official, or another election worker:
- Voters who are blind
- People with a physical disability
- Older voters
- Illiterate citizens
- Residents of nursing homes or other care facilities
If you have a disability and can vote with the proper equipment, you can use an ADA-compliant machine to cast your ballot. If you require assistance, you can enlist a person of your choosing or poll workers of opposing political parties.
You’ll find information on polling place accessibility on the West Virginia Secretary of State’s website.
What Should I Do if I See Something Illegal at the Polls?
If you witness illegal activity at the polls, you should notify a poll worker, your County Clerk, and possibly the West Virginia Secretary of State’s Office. Even if you think it’s minor, it’s worth mentioning to a worker, volunteer, or election official.
It helps to know what to look for. Common violations at polling places include:
Voter Intimidation and Interference
Under both state and federal law, it is illegal to threaten, harass, or intimidate voters. The following are some examples of conduct that you should report:
- Anyone threatening, following, or verbally harassing voters on their way to the polls
- Attempts to pressure a voter about who or what to vote for
- Physically blocking or obstructing access to a polling place entrance.
- Taking photographs or videos of voters while they are casting their ballots
These are all reportable offenses.
Electioneering Violations
Electioneering within 100 feet of a polling place entrance on Election Day and during early voting hours is illegal. This act includes putting campaign signs, buttons, hats, literature, or other political materials within that zone. It also includes anyone actively soliciting votes or distributing campaign materials in the restricted area.
Improper Voter Restrictions
Poll workers are required to follow West Virginia election law. It is a violation if they:
- Turn away eligible voters without a lawful reason
- Demand forms of identification not permitted under West Virginia law
- Refuse to provide a provisional ballot to a voter whose eligibility is questioned
Don’t be afraid to challenge a poll worker who commits any of these acts.
Equipment or Process Issues
Report the following if you observe any of the following issues:
- Voting machines are malfunctioning or failing to provide adequate privacy
- Poll workers mishandling ballots or accessing voting equipment without authorization
- Unauthorized individuals accessing or tampering with voting equipment
- Polling places opening significantly late or closing before the official closing time of 7:30 p.m. without cause
Filing false election claims is a crime.
What To Do if You Witness Possible Election Violations
U.S. citizens have the right to cast a vote for the people they want to represent them. If you witness illegal activity, follow these steps:
Stay calm and document
Make mental or written notes about:
- What happened
- When it occurred (specific time)
- Who was involved (descriptions if you don’t know names)
- Any witnesses
- Take photos of violations when safe and legal to do so (but never photograph voters or ballots)
Report to poll workers immediately
Notify the chief poll worker or election official at your polling place. They have the authority to address many issues on the spot.
If poll workers don’t resolve the issue or are part of the problem:
- Call your County Clerk‘s office during business hours
- Contact the West Virginia Secretary of State‘s Election Division at (304) 558-6000 or the voter hotline at (866) 767-8683
- Call the nonpartisan Election Protection hotline at 1-866-OUR-VOTE (1-866-687-8683) for immediate assistance and guidance
If you feel threatened or unsafe, call 911 or local law enforcement immediately. Don’t leave without voting. If you’re an eligible voter, insist on casting a ballot, even if it’s a provisional ballot. Don’t let intimidation or confusion prevent you from exercising your right to vote.
What To Do After Leaving the Polls
If you weren’t able to resolve the issue at the polling place or want to file a formal complaint, you can file a written complaint with the West Virginia Secretary of State‘s Office via email at elections@wvsos.gov. You can also mail a complaint to the State Capitol Building, 1900 Kanawha Blvd East, Charleston, WV 25305.
Provide a detailed written account including:
- The date, time, and location of the incident
- Names of individuals involved (or descriptions)
- Names and contact information of witnesses
- Photos or documentation, if available
- How the issue affected voting
In your complaint, include the date, time, and location of the incident, the names or descriptions of those involved, contact information for any witnesses, and any photos or documentation you gathered.
You can also contact your County Clerk directly. Each county clerk is responsible for election administration in their county. Find your county clerk‘s contact information on the Secretary of State‘s website.
If you believe the violation involves federal election law. such as violations of the Voting Rights Act, civil rights violations, or voter intimidation, contact:
- U.S. Department of Justice Voting Rights Hotline: 1-800-253-3931
- FBI: Report online at tips.fbi.gov or call your local FBI field office
Whether it’s a primary election or a fight for a county seat, election results are important. Don’t be afraid to help ensure the purity of the process.
A West Virginia Voting Rights Lawyer Can Help
Voting issues can be stressful, especially if you feel your rights were violated at the polls. If you ran into problems registering, were turned away at the polls, or believe someone interfered with your ability to vote, a West Virginia civil rights attorney can help. They can review what happened, explain your legal options, and help you take the right steps to protect your rights.
Contact a West Virginia civil rights attorney near you to learn more about election information and what you can do to protect your rights. Don’t let someone take your voting rights away.
POLLING PLACE FINDER
