§3-1-3. Persons entitled to vote.
(a) Citizens of the state may vote at all elections held within the precincts of the counties and municipalities in which they respectively reside, but a person may not vote in a federal, state, county, municipal, or special election unless the person:
(1) Is registered to vote as required by law;
(2) Is 18 years of age, except that a person may vote in a primary election if he or she will reach the age of 18 years on or before the date of the next general election held after the primary election;
(3) Has not been determined by a final judgment of a circuit court exercising jurisdiction pursuant to §44A-1-2(c) of this code to be totally mentally incompetent;
(4) Has not been convicted of treason, a felony, or bribery in an election or, if convicted, has:
(A) Had his or her sentence fully discharged, including any term of incarceration, parole, supervision, or period of probation ordered by any court; or
(B) Been pardoned or otherwise formally released from the resulting disability to vote;
(5) Is a United States citizen; and
(6) Is a bona fide resident of the state, county, or municipality in which he or she offers to vote.
(b) For purposes of §3-1-3 (a)(3), a person is requalified to vote upon certification in writing by the clerk of the circuit court of an order or other official determination filed with his or her office that the person is no longer totally mentally incompetent: Provided, That a copy of the order or other official determination shall not be provided without further order by a court of competent jurisdiction or written permission signed by the person to whom the order or official determination pertains.
(c) For purposes of §3-1-3 (a)(4):
(1) A person convicted of a disqualifying crime may not vote from the date of adjudication of that crime, notwithstanding any pending sentencing order, post-trial motions, direct appeals, or other post-conviction requests for relief; and
(2) A person is not considered to have been convicted of a disqualifying crime where the criminal proceedings are deferred and there is no adjudication of guilt as to the disqualifying crime.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1981–2022 · leading case:
Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “VI, § 1 West Virginia 18 W. Va. Code § 3-1-3 (Lexis 2002) Wisconsin 18 Wis.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “W. Va. Code § 3-1-3 (1987) Wis. Wis. Const.”
Dawson v. Kendrick, 527 F. Supp. 1252 (S.D. W. Va. 1981).
· cites it 2× “Defendants shall submit a plan providing for reading materials accordingly.”
Kanagy v. Fiesta Salons, Inc., 541 S.E.2d 616 (W. Va. 2000).
· cites it 2× “West Virginia Code of State Regulations § 3-1-3 provides that "[i]t is unlawful for any person to practice or offer to practice barbering, beauty culture, manicuring, or aesthetics in this state without first obtaining a license for that purpose from the Board.”
White v. Manchin, 318 S.E.2d 470 (W. Va. 1984).
“We note that West Virginia Code § 3-1-3 (1983 Supp.) provides that, "Citizens of the State shall be entitled to vote at all elections held within the precincts of the counties and municipalities in which they respectively reside.”
Berger v. United States, 867 F. Supp. 424 (S.D. W. Va. 1994).
· cites it 3× “Having concluded that Berger’s reliance on the referenced opinions of the attorney general is misplaced, the court proceeds to examine the balance of West Virginia law to determine whether his civil rights were restored by operation of law. B. Right to Vote The Constitution of…”
In re Parsons, 624 S.E.2d 790 (W. Va. 2005).
· cites it 2× “, those who, inter alia, are not under conviction of treason, felony, or bribery) shall be elected to any state, county, or municipal office.”
Stover v. Meese, 625 F. Supp. 1414 (S.D. W. Va. 1986).
“Code, § 3-1-3 (Supp.1985). He argues that that statute only "permits" a convicted felon to vote, whereas ordinary citizens are "entitled” to vote.”
Hardwick Smith Johnson v. Nancy Singleton Case, 844 S.E.2d 153 (W. Va. 2020).
· cites it 3× “Howell’s 13 See W.Va. Code § 3-1-3 (entitling citizens of West Virginia to vote in all elections held within precincts of counties and municipalities where they respectively reside); W.”
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treatment. Dots show Syfertize treatment of the citing case itself.