Student Voting Project | West Virginia

Voting at School

ID Requirements

First-time voters who register by mail will have to verify their identity in one of three ways:  (1) by listing a West Virginia driver’s license number or the last four digits of their Social Security number on their mail-in registration form; (2) by submitting a copy of an identifying document with their registration form; or (3) by showing ID when they vote, either in person or with an absentee ballot.[1]

Qualifying ID includes current and valid photo identification, 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.[2]  Student photo IDs which display the student’s name and current address will be accepted. Cellular telephone will be accepted as utility bills, and student housing bills from a public college or university will also be accepted as government documents.  Online printouts will likely be accepted.[3]  Voters without ID may vote a provisional ballot.[4] Your ballot will be counted if the canvassing board determines that you are eligible to vote.[5]

Registration Requirements

The registration deadline is 21 days before the election, or the first business day after that if the 21st day falls on a weekend or a holiday;[6] your registration form must be postmarked by that date.[7]  If you register in person, you’ll need to provide identification[8]—acceptable ID is set out in the identification section.

Residency Requirements

West Virginia law requires only that a voter be a “bona fide resident” of the state.[9] In defining what it means to be a “bona fide resident,” West Virginia courts have held that residence and domicile are equivalent, so voting residence requires both physical presence and intent to remain.[10]  While some cases have included the idea of a “permanent” residence in the definition of domicile,[11] there is no requirement in the law of an intent to remain indefinitely.  Instead, to establish a new domicile, you must intend to change your domicile and intend not to move back to your old one.[12]  As long as you do not plan to move back to your parents’ house, you should be able to vote at your college address as long as you intend to make it your residence, even if you do not have specific plans beyond graduation.

Students who lived in West Virginia before moving elsewhere to attend school, and who wish to establish or keep their West Virginia voting residency (i.e., at their parents’ West Virginia address), should have no problem doing so unless they’ve already registered to vote in another state.  Like all states, West Virginia allows students to keep their voting residency even if they move out of the district to attend school, and the only way you might lose this residency is by establishing residency in a new state.  While registering to vote in another state is not automatically considered an abandonment of your West Virginia residency, some judges or officials might view it as such.

When you register to vote, the county clerk is empowered to deny your registration if they deem you ineligible because you are not a resident.[13]  The clerk must notify you by mail that your registration is denied and give you notice of your right to an appeal of that decision.[14]  You may request reconsideration in writing, and the clerk has 14 days to reconsider and issue a written decision about your eligibility.[15] You may also make an appeal in writing to the county commission to ask for a hearing.[16] You may appeal the county commission’s decision to the circuit court, and that decision to the state’s Supreme Court of Appeals.[17]

Your eligibility to vote can also be challenged on the basis of residency by county or state officials or by any voter after you’re registered.[18]  The challenger must appear in person and give the reasons for their challenge in writing.[19]  The clerk will then notify you of the challenge and you must then appear within thirty days to defend your eligibility.[20]  If you don’t appear, your registration will be canceled.[21]  If you do appear, you can present evidence that you’re eligible and the clerk will make a decision.[22]  You then have same rights of appeal as if your registration had been initially denied.[23]

Any person challenged shall nevertheless be permitted to vote a provisional ballot in the election.[24]

Absentee Requirement

All voters may vote early within their county.[25] Students who are absent from their county of residence because of attendance at a college or university are eligible to vote absentee in West Virginia.[26] Your application to vote absentee by mail must be received by the county by the sixth day before Election Day.[27] Your absentee ballot must be postmarked by Election Day.[28] First-time voters who are voting absentee and whose identity hasn’t been verified by the state will have to provide a copy of ID (as described above) with their absentee ballot.[29]

Voting at Home

ID Requirements

First-time voters who register by mail will have to verify their identity in one of three ways: (1) by listing a West Virginia driver's license number or the last four digits of their Social Security number on their mail-in registration form; (2) by submitting a copy of an identifying document with their registration form; or (3) by showing ID when they vote, either in person or with an absentee ballot.

Qualifying ID includes current and valid photo identification, 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. Student photo IDs which display the student's name and current address will be accepted. Cellular telephone will be accepted as utility bills, and student housing bills from a public college or university will also be accepted as government documents. Online printouts will likely be accepted. Voters without ID may vote a provisional ballot. Your ballot will be counted if the canvassing board determines that you are eligible to vote.

Registration Requirements

The registration deadline is 21 days before the election, or the first business day after that if the 21st day falls on a weekend or a holiday; your registration form must be postmarked by that date. If you register in person, you'll need to provide identification—acceptable ID is set out in the identification section below.

Residency Requirements

The West Virginia election code requires only that voters be "bona fide residents" of the state. In defining what it means to be a "bona fide resident," West Virginia courts have held that residence and domicile are equivalent, so voting residence requires both physical presence and intent to remain. While some cases have included the idea of a "permanent" residence in the definition of domicile, there is no requirement in the law of an intent to remain indefinitely. Instead, to establish a new domicile, you must intend to change your domicile and intend not to move back to your old one.

In addition to theses cases, there is an Attorney General opinion from 1975 stating that domicile requires only "the intent to...reside for the foreseeable future."

Ultimately, as long as you do not plan to move back to your parents' house, you should be able to vote at your college address as long as you intend to make it your residence, even if you do not have specific plans beyond graduation.

Students who lived in West Virgina before moving elsewhere to attend school, and who wish to establish or keep their West Virginia voting residency (i.e., at their parents' West Virginia address), should have no problem doing so unless they've already registered to vote in another state. Like all states, West Virginia allows students to keep their voting residency even if they move out of the district to attend school, and the only way you might lose this residency is by establishing residency in a new state. While registering to vote in another state is not automatically considered an abandonment of your West Virginia residency, some judges or officials might view it as such.

When you register to vote, the county clerk is empowered to deny your registration if they deem you ineligible because you are not a resident. The clerk must notify you by mail that your registration is denied and give you notice of your right to an appeal of that decision. You may request reconsideration in writing, and the clerk has 14 days to reconsider and issue a written decision about your eligibility. You may also make an appeal in writing to the county commission to ask for a hearing. You may appeal the county commission's decision to the circuit court, and that decision to the state's Supreme Court of Appeals.

Your registration can also be challenged on the basis of residency by county or state officials or by any voter after you're registered. The challenger must appear in person and give the reasons for their challenge in writing. The clerk will then notify you of the challenge and you must then appear within thirty days to defend your eligibility. If you don't appear, your registration will be canceled. If you do appear, you can present evidence that you're eligible and the clerk will make a decision. You then have same rights of appeal as if your registration had been initially denied.

You cannot be challenged at the polls on the basis of residency, although other voters can file a sworn affidavit accusing you of illegal voting and have that accusation transmitted to the county prosecuting attorney at the end of voting.

Absentee Requirement

Students who are absent from their county of residence because of attendance at a college or university are eligible to vote absentee in West Virginia. Your application to vote absentee by mail must be received by the county by the sixth day before Election Day. Your absentee ballot must be postmarked by Election Day. First-time voters who are voting absentee and whose identity hasn't been verified by the state will have to provide a copy of ID (as described above) with their absentee ballot.

[1] W. Va. Code § 3-2-10(g), (i) (2010).

[2] Interview with Pamela Stevens, Assistant Manager, Elections Division, West Virginia Secretary of State (July 8, 2008).

[3] Interview with Pamela Stevens, Assistant Manager, Elections Division, West Virginia Secretary of State (July 8, 2008).

[4] 

[5]

[6] W. Va. Code § 3-2-6(a) (2010).

[7] Id. at § 3-2-6(b)(2)(A).

[8]

[9] W. Va. Code § 3-1-3 (2010).

[10] State v. Stalnaker, 412 S.E.2d 231, 233 (W. Va. 1991).

[11] White v. Manchin, 318 S.E.2d 470, 484 (W. Va. 1984); see also Shaw v. Shaw, 187 S.E.2d 124 (W. Va. 1972).

[12] Stalnaker, 412 S.E. 2d at 233.

[13] W. Va. Code § 3-2-17 (2010).

[14] Id.

[15] Id.

[16] Id.

[17] Id.

[18] Id. at § 3-2-28 (2010).

[19] Id.

[20] Id.

[21] Id.

[22] Id.

[23] Id.

[24] Id. at § 3-1-41(b) (2010).

[25] Id. at § 3-3-1(a) (2010).

[26] Id. at § 3-3-1(b)(2)(B).

[27] Id. at § 3-3-5(b)(1).

[28] Id. at § 3-3-5(g)(2) (2010).

[29] Id. at § 3-2-10(g).