National League of Women Voters

LEAGUE OF WOMEN VOTERS
OF WEST VIRGINIA, Inc.

For more information about the League of Women Voters-West Virginia , please contact:

These pages are being maintained by Stephen Rowe at: rowe@concord.edu

Last Update : 03/11/2008

How to become a write-in candidate in West Virginia

What is a "write-in" candidate?

A write-in candidate is someone who wants to run for office but does not appear on a ballot along with other candidates. Names of write-in candidates are placed on the ballot by voters, according to the type of voting system used. These systems are discussed later on in this document.

OK. How do I become a write-in Candidate?

Under WV law, you must file as an official write-in candidate and pay the same filing fee as other candidates for that office. You may do this no later than fourteen days before the election in which you wish to run. When a ballot vacancy occurs in the last three weeks before the election because of the death or disqualification of a candidate or officeholder, later deadlines apply. Call the secretary of state for details if this situation occurs. Write-in candidates that do not file in this way will not have their votes counted on election day.

When can I run as a write-in candidate?

In the primary election: You may not file as a write-in candidate for nomination to any office in the primary election. However, you may file as a write-in for Board of Education or any party executive committee. Those officials are elected in the primary.

In the general election: You may file as a write-in candidate for any office, but only one office.

Where do I file my Certificate of Announcement and filing fee?

• With the secretary of state for offices on the ballot in more than one county
• With your circuit clerk for offices on the ballot only in your home county
• With the municipal clerk/recorder for city or town offices

Any other requirements?

Write-in candidates are subject to the same ethics and campaign finance laws and reporting requirements, and must file reports on the same schedule as other candidates. Some common areas to watch out for include:

• File your personal financial disclosure report with the WV Ethics Commission within ten days after you file as a candidate. (Note: This is not required for executive committee candidates in cities or towns not covered by the Ethics Act)
• To have a campaign committee, file the Designation of Treasurer form (Form F-5) no later than 28 days before the election. If this form is not filed by the deadline, WV law requires that the candidate must act as his/her own treasurer.
• Campaign finance reports are due 7-10 days before the election and 25-30 days after the election, with later reports until the campaign account is closed. All reports must be filed on time, and information regarding your campaign must be listed in the reports.
• When getting stickers or stamps made, make sure they’re no larger than ½ inch by 2 inches in size. While this is not a legal requirement, making the stickers and stamps this size will help prevent any problems with defacing the ballot or voting equipment.
• Do not distribute your stickers, stamps, or other materials within 300 ft. of a polling place. This prohibition applies to all candidates, regardless of whether or not they are write-ins.

HOW TO CAST A WRITE-IN VOTE

If you wish to cast a write-in vote, you may do so by:

"Writing in" the name & office on the ballot or other designated place.

Using a rubber stamp, with the candidate’s name/office printed on it.

Using a sticker with the candidate’s name/office printed on it.

There are many different ways to cast a write-in vote, depending on the type of voting system that is used in your city or county. There are currently four types of voting systems used in West Virginia:

Paper Ballot – One way to cast your vote is to cross out the name of one of the candidates that are already on the ballot. You can cross out either candidate’s name to cast your write-in vote. You can use a sticker ( containing all the necessary candidate information) to cover up the other candidate’s name on the ballot. The sticker may be placed in other areas, as long as it is on the front of the ballot. Stickers placed on the back of the ballot will not be counted. Another way to cast a write-in vote is by using a rubber stamp, which is printed with the same information as a sticker. A voter can then "stamp" the front of the ballot with the rubber stamp. Because of the costs involved in making these rubber stamps, candidates don’t often use this as a means to cast write-in votes.

Punch Card Ballot- Some counties use the "Punch Card" voting system. When a vote is cast for a particular candidate, a small pen-like device attached to the punchcard voting machine is used to "punch" a hole next to the number of each candidate for which a vote is to be cast. Unlike a paper ballot, a punchcard ballot has a specific place in which you can cast a write-in vote. It is important to know, however, that punching a space is not all you have to do with a write-in. If someone wanted to vote for a write-in candidate, all the voter has to do is punch the write-in space on the ballot. Then, write in the name (or use a sticker or stamp) on the grey secrecy envelope in which you put your punchcard ballot. You must do BOTH in order for your vote to be counted!

Optical Scan Ballot- A third type of ballot used in WV is the "optical scan" ballot. With the optical scan system, the voter fills in the oval next to the name of the candidate for which a vote is cast. As with the punchcard ballot, a position is also provided to mark a write-in vote. When casting the write-in vote, fill in the oval and write in the name of the candidate on the blank line next to the oval. As with other voting systems, you can also use a sticker or stamp to cast your write-in vote, but you must fill in the oval next to the write-in position in order for your vote to be counted.

Lever Machine Ballot – The final type of voting system used in WV is the "lever machine." The lever machine tallies votes when a voter pulls a lever next to each candidate for whom they wish to vote. Pulling the lever casts the vote. To cast a write-in vote on a voting machine, you must push the button over the "write-in" slot for the office you wish to vote for, and slide open the slot under the button. Then, write in the name of the candidate. Some counties using voting machines have their write-in slots placed at the left of the ballot, while others have write-in slots placed above the ballot, over the names of the candidates. Note: Stickers and stamps may be used for write-ins but because of the layout of the machine, it’s very hard to do so. Stickers may come loose from the paper roll where they are recorded, so stamps generally work better. When casting a write-in vote on a lever machine, pushing the button " locks in" your write-in vote. Once you push the button and open the slot, you cannot change your mind and go back and vote for someone who is already on the ballot. So, when voting on a lever machine, make sure you really want to cast a write-in vote for an office before you actually try to do so.

Common Issues Relating to Write-Ins

Where can I find out what write-in candidates are running?

A list of official write-in candidates that have paid their filing fee and filed the Certificate of Announcement is posted outside the polling place. The list is placed in the same area where voting instructions and sample ballots are posted.

Why can’t pollworkers tell voters about write-in candidates?

Pollworkers are not permitted to discuss write-in candidates with voters, just as they are not allowed to talk about other candidates or campaign-related matters. If a voter asks who the write-in candidates are in an election, the pollworker must direct that voter to the list outside the voting area. If a voter needs to know how to cast a write-in vote, they may ask a pollworker to show them what to do.

Pens or pencils are not automatically provided in the polling place to write in a vote. If someone wishes to cast a write-in vote, they may ask the pollworker for a pen or pencil to do so.

I filed as a write-in candidate, but no one knows about it. Can I get the filing officer to release a statement that I’ve filed as a write-in?

When a write-in candidate files to run for office, the only obligation of the filing officer is to accept the filing and provide any information required by law such as campaign finance filing forms. Election officials cannot legally publicize a write-in candidate's filing, issue press releases, publish write-in candidates names on sample ballots, or do other types of publicity. It is the responsibility of the candidate to make voters aware that he or she is running a write-in campaign.

I voted a straight ticket, but my friend is a write-in candidate. Can I still cast a write-in vote?

When voting a straight ticket, you are casting a vote for every office, for candidates of the same political party. You can do this by marking the "straight ticket" section of the ballot, and all votes for your ballot will be automatically counted for the candidates of the party you pick. After you mark the straight ticket section of the ballot, just go down to the office for which you want to cast a write-in vote, and do so as described earlier in this document.

I ran for office in the primary election and lost. Can I run as a write-in candidate in the general election?

Yes, as long as you file your Certificate of Announcement and pay your filing fee by the required deadline.

If I’m allowed to vote for two people for an office, can one of those be a write-in candidate?

Yes.

Do I have to file to be a write-in candidate if no one else is running for that office?

Yes. All write-in candidates must file.

What if I spell a write-in candidate’s name wrong?

Misspelling the name won’t matter as long as the intent of the voter to vote for the write-in candidate is clear.

Do I have to know the write-in candidate’s full name?

It depends. If no two official write-in candidates have the same first or last name, either the first or last name of the candidate(s) alone shall be deemed to express the clear intention of the voter.

What happens if I don’t file as a write-in candidate, but I get a large number of write-in votes anyway?

Nothing. If you didn’t file as an official write-in candidate, none of the votes you received will be counted.

Counting Write-In Votes

Write-in votes are counted at the same time as all other votes. Depending on the voting system used, the initial count may be performed by hand or the vote tabulation machines will separate out the ballots with write-in votes for counting.

When counting the write-in vote, election officials are looking for three things:

1. Is the write-in vote for an official write-in candidate? If someone casts a write-in vote for someone who has not filed an official write-in candidate, that vote will not be counted.
2. Is the ballot properly filled out for a write-in vote? It is important that a write-in vote is cast in accordance with state law. Different voting systems have different minimum requirements, but even meeting these do not necessarily guarantee the vote will counted:

PAPER – The vote must be placed on the front of the ballot.

PUNCHCARD- The hole for the write-in vote for the candidate must be punched and the name and office placed on the grey secrecy envelope.

OPTICAL SCAN- The write-in oval for the candidate must be filled in, and the vote placed on the front of the ballot.

LEVER MACHINE – The area for write-in votes on the lever machine must have been filled out properly. Any stickers used must still be attached to the paper roll when the votes are counted.

3. Is the intent of the voter clear? In addition to making sure the write-in vote is properly cast, election officials must make sure the intent of the voter is clear. This is determined in a number of ways, but basically the election officials look at each write-in vote to determine if it is clear who the voter wishes to vote for. In order to clearly show the intent of the voter, its important that all the steps outlined in this document be followed so that election officials are sure that the voter’s write-in vote is properly counted.