§3-1-36. Report on and disposition of ballots spoiled or not used


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-1-36

§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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