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WEST VIRGINIA STATUTES AND CODES

§3-4-21 Assistance to illiterate and disabled voters.

§3-4-21. Assistance to illiterate and disabled voters.
(a) Any duly registered voter, who requires assistance to vote by reason of blindness, disability, advanced age, or inability to read and write, may be given assistance by one of the following means:

(1) By a person of the voter's choice: Provided, That such assistance may not be given by the voter's present or former employer or agent of that employer or by the officer or agent of a labor union of which the voter is a past or present member; or

(2) If no person of the voter's choice be present at the polling place, the voter may request such assistance from the poll clerks or ballot commissioners present at the polling place, whereupon such assistance may be given by any two of such election officers of opposite political party affiliation to whom such voter shall thereupon declare his choice of candidates and his or her position on public questions appearing on the ballot labels. Such election officers, in the presence of the voter and in the presence of each other, shall thereupon cause such voter's declared choices to be registered by the voting machine as votes.

(b) A person other than an election officer who assists a voter in voting under the provisions of this section shall sign a written oath or affirmation before assisting such voter, stating that he or she will not override the actual preference of the voter being assisted or mislead the voter into voting for someone other than the candidate of the voter's choice. Such person assisting the voter shall also swear or affirm that he or she believes that the voter is voting free of intimidation or manipulation.

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