§3-4A-11a. Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 4 A- 11 A

§3-4A-11a. Ballots tabulated electronically; arrangement,

quantity to be printed, ballot stub numbers.

     (a) The board of ballot commissioners in counties using

ballots upon which votes may be recorded by means of marking with

electronically sensible ink or pencil and which marks are tabulated

electronically shall cause the ballots to be printed or displayed

upon the screens of the electronic voting system for use in

elections.

     (b) (1) For the primary election, the heading of the ballot,

the type faces, the names and arrangement of offices and the

printing of names and arrangement of candidates within each office

are to conform as nearly as possible to sections thirteen and

thirteen-a, article five of this chapter.

     (2) For the general election, the heading of the ballot, the

type faces, the names and arrangement of offices and the printing

of names and the arrangement of candidates within each office are

to conform as nearly as possible to section two, article six of

this chapter, except as otherwise provided in this article.

     (3) Effective with the primary election held in 2016 and

thereafter, the following nonpartisan elections are to be separated

from the partisan ballot and separately headed in display type with

a title clearly identifying the purpose of the election and

constituting a separate ballot wherever a separate ballot is

required under this chapter:

     (A) Nonpartisan elections for judicial offices, by division,

of:

(i) Justice of the Supreme Court of Appeals;

     (ii) Judge of the circuit court;

     (iii) Family court judge; and

(iv) Magistrate;

     (B) Nonpartisan elections for board of education; and

     (C) Any question to be voted upon.

     (4) Both the face and the reverse side of the ballot may

contain the names of candidates only if means to ensure the secrecy

of the ballot are provided and lines for the signatures of the poll

clerks on the ballot are printed on a portion of the ballot which

is deposited in the ballot box and upon which marks do not

interfere with the proper tabulation of the votes.

     (5) The arrangement of candidates within each office is to be

determined in the same manner as for other electronic voting

systems, as prescribed in this chapter. On the general election

ballot for all offices, and on the primary election ballot only for

those offices to be filled by election, except delegate to national

convention, lines for entering write-in votes are to be provided

below the names of candidates for each office, and the number of

lines provided for any office shall equal the number of persons to

be elected, or three, whichever is fewer. The words "WRITE-IN, IF

ANY" are to be printed, where applicable, directly under each line for write-ins. The lines are to be opposite a position to mark the

vote.

     (c) Except for electronic voting systems that utilize screens

upon which votes may be recorded by means of a stylus or by means

of touch, the primary election ballots are to be printed in the

color of ink specified by the Secretary of State for the various

political parties, and the general election ballot is to be printed

in black ink. For electronic voting systems that utilize screens

upon which votes may be recorded by means of a stylus or by means

of touch, the primary ballots and the general election ballot are

to be printed in black ink. All ballots are to be printed, where

applicable, on white paper suitable for automatic tabulation and

are to contain a perforated stub at the top or bottom of the

ballot, which is to be numbered sequentially in the same manner as

provided in section thirteen, article five of this chapter, or are

to be displayed on the screens of the electronic voting system upon

which votes are recorded by means of a stylus or touch. The number

of ballots printed and the packaging of ballots for the precincts

are to conform to the requirements for paper ballots provided in

this chapter.

     (d) In addition to the official ballots, the ballot

commissioners shall provide all other materials and equipment

necessary to the proper conduct of the election.





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

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