§5-2-3. Retention and preservation of records of the secretary of state; destruction of records


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 - 2 - 3

§5-2-3. Retention and preservation of records of the secretary of

state; destruction of records.

(a) The secretary of state shall provide for the storage and

retention of those essential records, as defined in section four,

article eight, chapter five-a of this code, filed in the office of

the secretary of state for the period specified by law or

legislative rule. The secretary of state shall propose rules for

legislative approval in accordance with the provisions of article

three, chapter twenty-nine-a of this code identifying the essential

records and providing for the minimum retention period.

(b) Where a preservation duplicate, as defined in section

three, article eight, chapter five-a of this code, is made of a

record filed with the secretary of state by photography,

microphotography, digital imaging or other electronic means which

accurately reproduces and preserves the record on microfilm,

microfiche, optical disks or other unalterable electronic storage

medium which complies with national standards or nationally

accepted practice for permanent archival storage, the secretary of

state may provide for the destruction of the original paper copy

when the following conditions are met:

(1) The preservation duplicate has been created, reviewed for

quality, indexed in a reasonable manner as provided by the

secretary of state and determined to be accessible by means of the

index;

(2) An additional archive copy of the preservation duplicate has been created and stored in a fireproof, secure storage

location; and

(3) The original paper copy has been preserved for at least

three months following the creation of the preservation duplicate.

(c) The original copies of the papers of the governor,

including executive orders, proclamations, appointments, pardons

and other documents signed by the governor, shall be retained

permanently, regardless of whether a preservation duplicate has

been created.

(d) The secretary of state shall have authority to determine

the retention period for nonessential records.

(e) The secretary of state may, upon mutual agreement with the

director of the division of archives and history, transfer to the

division of archives and history those records of the secretary of

state as may be identified as having primarily historic value in

order to make those records more available for purposes of

research.

(f) Following the expiration of the required retention period,

the destruction of confidential original records shall be conducted

in a manner designed to protect the secrecy of those records.

(g) Nothing in this section shall be deemed to require the

secretary of state to destroy original records immediately upon the

expiration of the retention period.





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

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