§3-4A-9b. Authorization for precinct ballot-scanning device; minimum requirements


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 4 A- 9 B

§3-4A-9b. Authorization for precinct ballot-scanning device;

minimum requirements.

(a) For purposes of this section, "precinct ballot-scanning

device" means a device used by the voter at the precinct on

election day or during early voting for the purpose of scanning the

voter's ballot after the ballot has been voted but prior to

depositing the ballot into the ballot box.

(b) The precinct ballot-scanning device may be used for the

purpose of scanning optically readable ballots cast in all primary,

general and special elections.

(c) The precinct ballot-scanning device, firmware and

programming software must be certified by an independent testing

authority, according to current federal standards and be approved

by the State Election Commission. No election official may enter

into any contract to purchase, rent, lease or otherwise acquire any

precinct ballot-scanning device, firmware or software not approved

by the State Election Commission.

(d) The precinct ballot-scanning device shall additionally:

(1) Alert the voter if the voter has made more ballot

selections than the law allows for an individual office or ballot

issue;

(2) Alert the voter if the voter has made fewer ballot

selections than the law allows for an individual office or ballot

issue; and

(3) Allow voters an opportunity to change ballot selections, or correct errors, including the opportunity to correct the error

through the issuance of a replacement ballot if the voter was

otherwise unable to change the ballot or correct the error.

(e) The precinct ballot-scanning device may be used for

tabulating election results only under the following conditions:

(1) The county has at least one precinct ballot-scanning

device in each precinct;

(2) No print out or tabulation of results is done at the

precinct;

(3) The "tabulation memory device" may be removed from the

ballot-scanning device only after the polls close and the votes may

only be counted at the central counting center on the night of the

election; and

(4) All voters at the precinct are required to use the ballot

scanning device as a condition of completing their vote.

(f) If the optical scan ballots from each of the precincts are

counted at the central counting center on election night in

accordance with section twenty-seven of this article, and the

results from that count are the results finally published on

election night, then any county meeting each of the requirements in

paragraphs (1) through (4) of subsection (e), may turn off the over

vote switch on the central counting device since every ballot will

have been evaluated for over votes by the precinct scanning device.

(g) The Secretary of State is hereby directed to propose rules

and emergency rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code in

accordance with the provisions of this section.



WVC 3 - 4 A- 9 B

§3-4A-9b. Authorization for precinct ballot-scanning device;

minimum requirements.

     (a) For purposes of this section, "precinct ballot-scanning

device" means a device used by the voter at the precinct on

election day or during early voting for the purpose of scanning the

voter's ballot after the ballot has been voted but prior to

depositing the ballot into the ballot box.

     (b) The precinct ballot-scanning device may be used for the

purpose of scanning optically readable ballots cast in all primary,

general and special elections.

     (c) The precinct ballot-scanning device, firmware and

programming software must be certified by an independent testing

authority, according to current federal standards and be approved

by the State Election Commission. No election official may enter

into any contract to purchase, rent, lease or otherwise acquire any

precinct ballot-scanning device, firmware or software not approved

by the State Election Commission.

     (d) The precinct ballot-scanning device shall additionally:

     (1) Alert the voter if the voter has made more ballot

selections than the law allows for an individual office or ballot

issue;

     (2) Alert the voter if the voter has made fewer ballot

selections than the law allows for an individual office or ballot

issue; and

     (3) Allow voters an opportunity to change ballot selections, or correct errors, including the opportunity to correct the error

through the issuance of a replacement ballot if the voter was

otherwise unable to change the ballot or correct the error.

     (e) The precinct ballot-scanning device may be used for

tabulating election results only under the following conditions:

     (1) The county has at least one precinct ballot-scanning

device in each precinct;

     (2) No tabulation of results is done at the precinct;

     (3) The "tabulation memory device" may be removed from the

ballot-scanning device only after the polls close and the votes may

only be counted at the central counting center on the night of the

election; and

     (4) All voters at the precinct are required to use the ballot

scanning device as a condition of completing their vote.

     (f) If the optical scan ballots from each of the precincts are

counted at the central counting center on election night in

accordance with section twenty-seven of this article, and the

results from that count are the results finally published on

election night, then any county meeting each of the requirements in

paragraphs (1) through (4) of subsection (e), may turn off the over

vote switch on the central counting device since every ballot will

have been evaluated for over votes by the precinct scanning device.

     (g) The Secretary of State is hereby directed to propose rules

and emergency rules for legislative approval in accordance with the

provisions of article three, chapter twenty-nine-a of this code in accordance with the provisions of this section.





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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.