WEST VIRGINIA CODE











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WVC 3 - 4 A- 9 A

§3-4A-9a. Authorization for ballot-marking voting systems; minimum

requirements.

(a) For purposes of this section, "ballot-marking accessible

voting system" means a device which allows voters, including voters

with disabilities, to mark an optical scanning or mark-sensing

voting system ballot, privately and independently. Th

e

ballot-marking device is capable of marking voter selections on an

optically readable or mark-sensing ballot which shall be

subsequently read and tallied on state certified optically readable

or mark-sensing

ballot tabulating and reporting systems. Counties

are hereby permitted to obtain and employ ballot-marking accessible

voting systems that are approved by the State Election Commission.

(b) The ballot-marking accessible voting device shall be a

completely integrated ballot-marking device that is designed to

allow voters to either view ballot choices through a high

resolution visual display or listen to ballot choices with

headphones and then enter ballot selections directly through

specially designed, integrated accessibility keys.

(c) Ballot-marking accessible voting systems may be used for

the purpose of marking or scanning optically readable or

mark-sensing

ballots cast in all general, special and primary

elections and shall meet the following specific requirements:

(1) The ballot-marking accessible voting system, system

firmware and programming software must be certified by an

independent testing authority, according to current federal voting system standards and be approved by the State Elections Commission

prior to entering into any contract.

(2) The ballot-marking accessible voting system shall,

additionally:

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

selections than the law allows for an individual office or ballot

issue;

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

selections than the law allows for an individual office or ballot

issue;

(C) Allow the voter to independently review all ballot choices

and make any corrections, before the ballot is marked;

(D) Provide the voter with the opportunity to make a write-in

ballot choice, where allowed by state law;

(E) Allow voters with disabilities to mark their ballots, in

complete independence, and in conformity with both federal and

state law concerning mandatory accessibility for disabled persons;

(F) Allow blind or visually impaired voters to vote in

complete privacy;

(G) Provide voters with an opportunity to change ballot

selections, or correct errors, before the ballot is marked for

voting, 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;

(H) Provide voters with the ability to view all ballot selections through a high resolution visual display or to have all

ballot selections read to the voter through headphones;

(I) Ensure complete ballot privacy, while employing the

ballot-marking audio system and providing the voter with the option

to turn off the visual ballot display;

(J) Include a completely integrated voter input keypad, using

commonly accepted voter accessibility keys with Braille markings;

(K) Include the ability for a voter to employ a sip/puff

device to enter ballot choices;

(L) Allow the voter to magnify all ballot choices and to

adjust both the volume of the audio feature and the speed of ballot

presentation;

(M) Allow the voter to employ his or her own headset as well

as the headset provided with the ballot-marking device while being

equipped with multiple output connections to accommodate different

headsets;

(N) Have multiple-language capability; and

(O) Allow the voter to verify that:

(i) An optical scan ballot inserted into the device at the

start of voting is blank; and

(ii) The voted optical scan ballot that is produced by the

device is voted as the voter intended.

(d) 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 designed to ensure that any system employed by a county under the

provisions of this section is publicly tested prior to use in

election.



WVC 3 - 4 A- 9 A

§3-4A-9a. Authorization for ballot-marking voting systems; minimum

requirements.

     (a) For purposes of this section, "ballot-marking accessible

voting system" means a device which allows voters, including voters

with disabilities, to mark an optical scanning or mark-sensing

voting system ballot, privately and independently. The

ballot-marking device is capable of marking voter selections on an

optically readable or mark-sensing ballot which shall be

subsequently read and tallied on state certified optically readable

or mark-sensing ballot tabulating and reporting systems. Counties

are hereby permitted to obtain and employ ballot-marking accessible

voting systems that are approved by the State Election Commission.

     (b) The ballot-marking accessible voting device shall be a

completely integrated ballot-marking device that is designed to

allow voters to either view ballot choices through a high

resolution visual display or listen to ballot choices with

headphones and then enter ballot selections directly through

specially designed, integrated accessibility devices.

     (c) Ballot-marking accessible voting systems may be used for

the purpose of marking or scanning optically readable or

mark-sensing ballots cast in all general, special and primary

elections and shall meet the following specific requirements:

     (1) The ballot-marking accessible voting system, system

firmware and programming software must be certified by an

independent testing authority, according to current federal voting system standards and be approved by the State Election Commission

prior to entering into any contract.

     (2) The ballot-marking accessible voting system shall,

additionally:

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

selections than the law allows for an individual office or ballot

issue;

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

selections than the law allows for an individual office or ballot

issue;

     (C) Allow the voter to independently review all ballot choices

and make any corrections, before the ballot is marked;

     (D) Provide the voter with the opportunity to make a write-in

ballot choice, where allowed by state law;

     (E) Allow voters with disabilities to mark their ballots, in

complete independence, and in conformity with both federal and

state law concerning mandatory accessibility for disabled persons;

     (F) Allow blind or visually impaired voters to vote in

complete privacy;

     (G) Provide voters with an opportunity to change ballot

selections, or correct errors, before the ballot is marked for

voting, 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;

     (H) Provide voters with the ability to view all ballot selections through a high resolution visual display or to have all

ballot selections read to the voter through headphones;

     (I) Ensure complete ballot privacy, while employing the

ballot-marking audio system and providing the voter with the option

to turn off the visual ballot display;

     (J) Include a completely integrated voter input keypad, using

commonly accepted voter accessibility keys with Braille markings;

     (K) Include the ability for a voter to employ a sip/puff

device to enter ballot choices;

     (L) Allow the voter to magnify all ballot choices and to

adjust both the volume of the audio feature and the speed of ballot

presentation;

     (M) Allow the voter to employ his or her own headset as well

as the headset provided with the ballot-marking device while being

equipped with multiple output connections to accommodate different

headsets;

     (N) Have multiple-language capability; and

     (O) Allow the voter to verify that:

     (i) An optical scan ballot inserted into the device at the

start of voting is blank; and

     (ii) The voted optical scan ballot that is produced by the

device is voted as the voter intended.

     (d) 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 designed to ensure that any system employed by a county under the

provisions of this section is publicly tested prior to use in

election.





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.