WEST VIRGINIA CODE











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WVC 3-4A-7

§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

shall:

(1) Guarantee in writing to keep the vote recording devices in

good working order for five years without additional cost to the

county court.

(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

recording devices.

(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

future time.

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.