WEST VIRGINIA CODE
§3-4A-7. Bids and contracts for vote recording devices; false
swearing or failure to disclose facts.
Contracts for the purchase or lease of vote recording devices
shall be based on competitive bids. The county court shall solicit
sealed bids by sending requests by mail to all known manufacturers
and suppliers of vote recording devices which have been previously
approved by the state election commission as hereinafter provided.
The award of contracts of purchase or lease shall be based on the
quality, cost, specifications and suitability of the particular
vote recording device, technical services to be provided by the
manufacturer, and the cost and availability of automatic tabulating
equipment suitable for use in connection with said vote recording
devices and the ballot cards used therewith.
No bid shall be accepted by the county court unless
accompanied by a contract which shall provide that in the event the
bid is accepted the party or parties making the sale or lease
(1) Guarantee in writing to keep the vote recording devices in
good working order for five years without additional cost to the
(2) Warrant to defend and indemnify the county court against
any claim for patent infringement, and in case any vote recording
device or devices shall be held to be an infringement of a valid
patent, to obtain a license for the use of such patent on the vote
recording devices sold or leased to the county court or to modify the devices so that the offending infringement is removed without
altering the efficiency or statutory requirements of the devices;
all at the sole cost and expense of the supplier of the vote
(3) Provide a bond with good corporate surety duly qualified
to do business in West Virginia, conditioned upon the due
performance of said guaranty and said warranty, in a penal sum to
be fixed by the county court.
No bid shall be accepted by the county court unless the party
or parties submitting the bid shall file with the bid an affidavit:
(1) Disclosing the name and address of, and the amount of any
contribution paid or to be paid to, any individual, partnership,
corporation or association hired regularly and specially for the
purpose, or party for the purpose, of attempting to influence
directly or indirectly the purchase or lease of the vote recording
devices represented by the bid.
(2) Declaring that no individual, partnership, corporation or
association not disclosed in said affidavit shall thereafter be
regularly or specially hired and no contribution shall thereafter
be paid for the purpose or partly for the purpose of attempting to
influence directly or indirectly the purchase or lease of the vote
recording devices represented by the bid.
For the purpose of this affidavit, the word "contribution"
shall mean payment, distribution, loan, advance, deposit, gift of
money, property, benefit or other consideration, or any agreement providing for a payment, distribution, loan, advance, deposit, or
gift by money, property, benefit, or other consideration at any
Any person who shall knowingly or wilfully make any false or
fraudulent statement, or who shall knowingly or wilfully fail to
disclose any material fact in the affidavit required by this
section shall be guilty of a felony, and, upon conviction thereof,
shall be punished by a fine of not less than one thousand dollars
nor more than five thousand dollars or imprisonment in the state
penitentiary for not less than one year nor more than three years,
or both, in the discretion of the court.
In construing this section, the term "person" shall include an
individual, partnership, committee, association, and any other
organization or group of persons.
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.