West Virginia 2022 Regular Session

West Virginia Senate Bill SB147

Introduced
1/12/22  

Caption

Adjusting distance from polling place certain election-related activity is prohibited

Impact

If passed, SB147 would have a significant impact on West Virginia's election laws by redefining the boundaries for allowable conduct around polling places. The law not only extends the distance for election activities but also emphasizes the state’s commitment to protecting voters from intimidation. By codifying a larger buffer zone, the bill aims to enhance voter confidence and participation while preventing disruptive behaviors that could occur closer to polling stations. Additionally, it retains the right for individuals to engage in electioneering on their private property, which balances the need for public order with personal freedoms.

Summary

Senate Bill 147 seeks to amend existing laws regarding electioneering near polling places in West Virginia. Specifically, the bill proposes to increase the distance from 100 feet to 250 feet within which electioneering activities, such as displaying campaign materials or soliciting votes, are prohibited. This change aims to create a more secure and less intimidating environment for voters as they enter polling places to cast their ballots. Legislative findings indicate that the existing buffer zone was too close, allowing for undue influence and intimidation during elections, as evidenced by chaotic incidents reported during the 2018 general election near polling locations.

Sentiment

The sentiment around SB147 appears divided. Supporters argue that enhancing the distance will safeguard the voting process and encourage greater voter turnout by removing intimidating elements from the vicinity of polling places. They view this as a proactive approach to protect democratic processes. Conversely, opponents may raise concerns about limiting free speech and the ability of campaigners to engage with voters effectively. The debate indicates a tension between enhancing voter protection and maintaining robust political discourse during election seasons.

Contention

Debate surrounding SB147 has raised questions about the balance between state intervention in election practices and the rights of individuals and groups to freely express their political opinions. Notably, critics of the bill might express that while preventing intimidation is crucial, a 250-foot radius could hinder legitimate campaign efforts and discourage grassroots political engagement. The discussions around the bill highlight fundamental issues of election integrity and the appropriate extent of governmental control over political activities, particularly as it pertains to preventing voter intimidation and influencing democratic participation.

Companion Bills

No companion bills found.

Previously Filed As

WV SB524

Clarifying persons permitted to be present in polling place during election period for non-voting activities

WV SB410

Elections; modifying prohibited activities at polling place or voting site. Emergency.

WV SB410

Elections; modifying prohibited activities at polling place or voting site. Emergency.

WV S3850

Permits county boards of elections to extend distance within which electioneering is prohibited.

WV A5356

Permits county boards of elections to extend distance within which electioneering is prohibited.

WV HB05479

An Act Concerning An Extension Of The Activity Distance Ban To Exits Of Polling Places.

WV SB715

Elections; modifying prohibited activities at polling place or voting site; modifying elements of certain misdemeanor offense. Effective date.

WV SB1112

Elections; modifying prohibited activities at polling place or voting site; modifying elements of certain misdemeanor offense. Effective date.

WV SB1112

Elections; modifying prohibited activities at polling place or voting site; modifying elements of certain misdemeanor offense. Effective date.

WV SB2412

Electioneering; prohibit in any public area within a set distance of polling place.

Similar Bills

WV SB488

Clarifying definition of electioneering

WV SB348

Updating definition of "electioneering communication" to be consistent with FEC

WV SB54

Requiring PACs disclose contributors' names and addresses to Secretary of State

VA HB2479

Political campaign advertisements; synthetic media, penalty.

VA SB775

Political campaign advertisements; synthetic media, penalty.

WV SB494

Expanding time frame for certain electioneering communication reporting requirements

WV SB516

Relating to requirements for disclosure of donor contributions

WV HB3063

Relating to requirements for disclosure of donor contributions