WEST VIRGINIA CODE
§3-1-36. Report on and disposition of ballots spoiled or not used.
Any voter who shall spoil, deface or mutilate the ballot
delivered to him, on returning the same to the poll clerks, shall
receive another in place thereof. Every person who does not vote
any ballot delivered to him shall, before leaving the election
room, return such ballot to the poll clerks. When a spoiled or
defaced ballot is returned, the poll, clerks shall make a minute of
the fact on the pollbooks, at the time, and the word "spoiled"
shall be written across the face of the ballot and such ballot
shall be placed in an envelope for spoiled ballots.
Immediately on closing the polls, the commissioners of
election shall ascertain the number of ballots spoiled during the
election and the number of ballots remaining not voted. The
commissioners of election shall also ascertain from the pollbooks
the number of persons who voted and shall report, over their
signatures, to the clerk of the county commission, the number of
votes case, the number of ballots spoiled during the election and
the number of ballots not voted. All unused ballots shall at the
same time be returned to the clerk of the county commission, who
shall separately package the unused ballots from each precinct,
mark the name and number of the precinct on the package and retain
them securely along with other election materials.
Each commissioner who is a member of an election board which
fails to account for every ballot delivered to it is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than one thousand dollars or confined in the county jail for not
more than one year, or both fined and imprisoned.
The board of ballot commissioners of each county, or the
chairman thereof, shall preserve the ballots that are left over in
their hands, after supplying the precincts as provided, until
twenty-two months after the election.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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