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Some lawmakers want to change when West Virginians vote.
West Virginia code currently says absentee ballots, that have been postmarked by Election Day, can arrive up to two weeks after the election on the day of the election canvas.
House Bill 4600 would make the 8 p.m. closing of polls on Election Day the deadline for all ballots.
The bill’s co-sponsor Del. Josh Holstein, R-Boone, said in the Tuesday morning meeting of the House Judiciary Committee voters have ample time in the leadup to Election Day to get their votes in.
“At some point there has to be a deadline,” Holstein said. “The point of that is to sync that up and say, Election Day is the deadline. No more voting after Election Day.”
Holstein says more than 20 other states have passed similar laws and the U.S. Supreme Court has agreed to hear a case regarding a similar law in Mississippi.
Del. Evan Hansen, D-Monongalia, questioned several aspects of the proposal but focused on the effects the bill would have on established absentee procedures.
“What’s the problem with accepting it before canvassing, because that’s when absentee ballots are counted, right?” Hansen said.
Holstein said it was a question of policy and again reiterated his belief in a hard stop to voting on election day.
“The overarching premise is we should have a hard stop at Election Day when we have a large period to do absentee ballots, and we have a two week early voting period,” he said. “At some point you’ve got to have a stop. I think at least the sponsors of this bill believe that should be Election Day, close the polls on Election Day.”
The United States Postal Service (USPS) recently changed policy to no longer postmark mail when it is handed off at a local post office, but rather when it reaches regional sorting stations. Del. Chris Phillips, R-Barbour, said the updated deadline would give greater clarity to voters given the potential confusion around postmarks.
Hansen questioned the reliability of the USPS and the added pressure of changing the deadline for absentee ballots from the day of postmark to the day of receipt at the clerk’s office.
“I’ve had stuff I put in the mail that takes a week to get across town,” he said.
Holstein suggested voters send their ballot two weeks in advance.
Del. Keith Marple, R-Harrison, argued absentee voters and especially elderly ones should be allowed to take their time and consider all information available to them up until election day.
“I think we’re leaving these old people out who want to make sure that they’re looking at all the advertisements and hearing all the speeches and the programs, and leaving grandma and grandpa out of the election,” he said.
Hansen asked about the impact on military servicemembers, who are one of the groups that qualify for an absentee ballot in West Virginia. Holstein insisted the bill would not affect military voters because of superseding federal law, the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
David Cook, deputy secretary and general counsel to the West Virginia Secretary of State, testified that given local control of elections and examples from other states with similar laws, he understood that HB 4600 would supercede UOCAVA.
“Any absentee ballots that aren’t received by election day under this bill aren’t going to be counted,” Cook said. “That includes UOCAVA.”
Del. Mike Hornby, R-Berkeley, suggested that military personnel simply needed to be properly informed of the change just like the general public.
The House Judiciary Committee is expected to take up the bill Wednesday morning for markup and passage.