§3-1-32. Opening and closing polls; procedure


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-1-32

§3-1-32. Opening and closing polls; procedure.

At the time of opening the polls in all precincts wherein

voting machines are not to be used, the election commissioners

shall examine the ballot box and ascertain that there are no

ballots in the same, and they shall thereupon securely lock the box

and give one key to one of the commissioners and one to a

commissioner of the opposite political party, who shall hold the

same, and such boxes shall not be again opened until the time to

begin counting the votes arrives and for that purpose. At or

before opening the polls, the commissioners of election shall open

the package containing the ballots in such manner as to preserve

the seals intact and thereupon deliver all of the ballots to the

poll clerk. Before any voter is permitted to vote, the

commissioners of election shall proclaim that such election is

opened. When the polls are closed, proclamation must be made of

the fact by one of the commissioners of election to the people

outside, in a loud and audible tone of voice, and a minute of such

proclamation and of the time when it was made must be entered on

the pollbooks by the clerks. The election commissioner shall

permit those electors to vote who are present at the polling place

prior to the hour specified for the closing of the polls:

Provided, That at that time they are in a line awaiting their turn

to vote within the voting room itself or, if the line extends

outside of the voting room itself, within that line. In that event

an election commissioner from each party shall immediately after the closing proclamation begin with the last voter in line and

together supply the voters within the line with waiting-voter

permits which shall be prescribed by the secretary of state. Each

voter shall sign his permit in the presence of both commissioners

who shall then likewise affix their signatures to the permit in the

presence of the voter and each other. After each such voter in

line has received and signed his permit and the election

commissioners have affixed their signatures thereto, voting shall

be resumed. Each voter shall present his permit to one of the poll

clerks so that the signature thereon may be compared to the voter's

signature when he signs the pollbook. Each permit so presented

shall be attached to the page in the pollbook on which the voter

affixed his signature. In no case shall any person who arrives at

the polling place after the closing hour be given a waiting-voter

permit or be allowed to vote. After the final voter presents his

waiting-voter permit and casts his ballot no more ballots shall be

cast or received.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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