§3-4A-9. Minimum requirements of electronic voting systems


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 4 A- 9

§3-4A-9. Minimum requirements of electronic voting systems.

     An electronic voting system of particular make and design may

not be approved by the State Election Commission or be purchased,

leased or used by any county commission unless it meets the

following requirements:

     (1) It secures or ensures the voter absolute secrecy in the

act of voting or, at the voter's election, provides for open

voting;

     (2) It is constructed to ensure that, except in instances of

open voting as provided in this section, the contents of a marked

ballot may not be seen or known by anyone other than the voter who

has voted or is voting;

     (3) It permits each voter to vote at any election for all

persons and offices for whom and which he or she is lawfully

entitled to vote, whether or not the name of any person appears on

a ballot as a candidate; and it permits each voter to vote for as

many persons for an office as he or she is lawfully entitled to

vote for; and to vote for or against any question upon which he or

she is lawfully entitled to vote. The automatic tabulating

equipment used in electronic voting systems is to reject choices

recorded on any ballot if the number of choices exceeds the number

to which a voter is entitled;

     (4) It permits each voter to write in the names of persons for

whom he or she desires to vote whose names do not appear upon the

ballots;

     (5) It permits each voter to change his or her vote for any

candidate and upon any question appearing upon the ballots or

ballot labels up to the time when his or her ballot is deposited in

the ballot box or his or her ballot is cast by electronic means;

     (6) It contains programming media containing sequentially

numbered program instructions and coded or otherwise protected from

tampering or substitution of the media or program instructions by

unauthorized persons and capable of tabulating all votes cast in

each election;

     (7) It contains two standard validation test decks approved as

to form and testing capabilities by the State Election Commission;

     (8) It correctly records and counts accurately all votes cast

for each candidate and for and against each question appearing upon

the ballots;

     (9) It permits a voter in a primary election to: (A) Vote only

for the candidates of the party for which the voter is legally

permitted to vote; (B) vote for the candidates, if any, for

nonpartisan nominations or election; and (C) vote on public

questions; and precludes the voter from voting for any candidate

seeking nomination by any other political party unless that

political party has determined that the voter may participate in

its primary election;

     (10) It, where applicable, is provided with means for sealing

or electronically securing the vote-recording device to prevent its

use and to prevent tampering with the device, both before the polls are open or before the operation of the vote-recording device for

an election is begun and immediately after the polls are closed or

after the operation of the vote-recording device for an election is

completed;

     (11) It has the capacity to contain the names of candidates

constituting the tickets of at least nine political parties and

accommodates the wording of at least fifteen questions;

     (12) (A) Direct-recording electronic voting machines must

generate a paper copy of each voter's vote that will be

automatically kept within a storage container that is locked,

closely attached to the direct-recording electronic voting machine

and inaccessible to all but authorized voting officials, who will

handle such storage containers and such paper copies contained

therein in accordance with section nineteen of this article;

     (B) The paper copy of the voter's vote shall be generated at

the time the voter is at the voting station using the direct-

recording electronic voting machine;

     (C) The voter may examine the paper copy visually or through

headphone readout, and may accept or reject the printed copy;

     (D) The voter may not touch, handle or manipulate the printed

copy manually in any way;

     (E) Once the printed copy of the voter's votes is accepted by

the voter as correctly reflecting the voter's intent, but not

before, it will automatically be stored for recounts or random

checks and the electronic vote will be cast within the computer mechanism of the direct-recording electronic voting machine;

     (F) Direct-recording electronic voting machines with a

mandatory paper copy shall be approved by the Secretary of State.

The Secretary of State may promulgate rules and emergency rules to

implement or enforce this subsection pursuant to the provisions of

section five, article three, chapter twenty-nine-a of this code;

     (13) Where vote-recording devices are used, they shall:

     (A) Be durably constructed of material of good quality and in

a workmanlike manner and in a form which makes it safely

transportable;

     (B) Bear a number that will identify it or distinguish it from

any other machine;

     (C) Be constructed to ensure that a voter may easily learn the

method of operating it and may expeditiously cast his or her vote

for all candidates of his or her choice and upon any public

question; and

     (D) Be accompanied by a mechanically or electronically

operated instruction model which shows the arrangement of the

ballot, party columns or rows and questions;

     (14) For electronic voting systems that utilize a screen upon

which votes may be recorded by means of a stylus or by means of

touch, they shall:

     (A) Be constructed to provide for the direct electronic

recording and tabulating of votes cast in a system specifically

designed and engineered for the election application;

     (B) Be constructed to prevent any voter from voting for more

than the allowable number of candidates for any office, to include

an audible or visual signal, or both, warning any voter who

attempts to vote for more than the allowable number of candidates

for any office or who attempts to cast his or her ballot prior to

its completion and are constructed to include a visual or audible

confirmation, or both, to the voter upon completion and casting of

the ballot;

     (C) Be constructed to present the entire ballot to the voter,

in a series of sequential pages, and to ensure that the voter sees

all of the ballot options on all pages before completing his or her

vote and to allow the voter to review and change all ballot choices

prior to completing and casting his or her ballot;

     (D) Be constructed to allow election commissioners to spoil a

ballot where a voter fails to properly cast his or her ballot, has

departed the polling place and cannot be recalled by a poll clerk

to complete his or her ballot;

     (E) Be constructed to allow election commissioners, poll

clerks or both to designate, mark or otherwise record provisional

ballots;

     (F) Consist of devices which are independent, nonnetworked

voting systems in which each vote is recorded and retained within

each device's internal nonvolatile electronic memory and contain an

internal security, the absence of which prevents substitution of

any other device;

     (G) Store each vote in no fewer than three separate,

independent, nonvolatile electronic memory components and that each

device contains comprehensive diagnostics to ensure that failures

do not go undetected;

     (H) Contain a unique, embedded internal serial number for

auditing purposes for each device used to activate, retain and

record votes;

     (I) Be constructed to record all preelection, election and

post-election activities, including all ballot images and system

anomalies, in each device's internal electronic memory and are to

be accessible in electronic or printed form;

     (J) Be constructed with a battery backup system in each device

to, at a minimum, prevent the loss of any votes, as well as all

preelection, election and post-election activities, including all

ballot images and system anomalies, stored in the device's internal

electronic memory and to allow voting to continue for two hours of

uninterrupted operation in case of an electrical power failure; and

     (K) Be constructed to prevent the loss of any votes, as well

as all preelection, election and post-election activities,

including all ballot images and system anomalies, stored in each

device's internal electronic memory even in case of an electrical

and battery power failure.





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.