§3-4A-29. Incorrect recordation or tabulation of votes; testing accuracy of vote recording devices and automatic tabulating equipment; procedures and requirements


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-4A-29

§3-4A-29. Incorrect recordation or tabulation of votes; testing

accuracy of vote recording devices and automatic

tabulating equipment; procedures and requirements.

(1) When during a canvass or a recount of votes in an election

it appears to the board of canvassers or if it is so alleged in a

petition for a recount, that a vote recording device or piece of

automatic tabulating equipment used in the election has by reason

of mechanical failure or improper or fraudulent preparation or

tampering, incorrectly recorded or tabulated the actual votes cast

or counted on such device or equipment, the board of canvassers

shall proceed to determine whether an error has occurred in the

vote recorded or counted on such device or equipment. If an error

is found, the board of canvassers shall have the cause of the error

corrected and the ballots affected recounted so that the election

returns will accurately reflect the votes cast at such election if

it is possible to accurately correct such error. If the board of

canvassers is unable to accurately correct such errors made by said

device or equipment and therefore cannot correct the returns to

accurately reflect the actual votes cast at such election, the

total votes recorded or tabulated on such device or equipment,

despite the fact that such vote may be erroneous, shall be accepted

in the canvass and in the recount as the votes cast.

(2) If it is necessary for the board of canvassers to test any

vote recording device or automatic tabulating equipment counting

device for its mechanical accuracy in recording or tabulating the votes cast at such election, such test shall be conducted by the

clerk of the county court in the presence of the board of

canvassers and of any candidate or his party representative. After

the completion of such test the clerk will then and there prepare

and file a statement in writing giving in detail the result of the

examination and test.





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

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