§3-4A-8. Approval of electronic voting system by State Election Commission; expenses; compensation of persons examining system


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 4 A- 8

§3-4A-8. Approval of electronic voting system by State Election

Commission; expenses; compensation of persons

examining system.

     (a) Any person or corporation owning or interested in any

electronic voting system may apply to the State Election Commission

so that the system may be examined and a report be made on its

accuracy, efficiency, capacity and safety. Upon the written

application of any vendor tendered to the Secretary of State or to

any clerks in his or her office in charge of receiving filings for

any purpose, the Secretary of State shall fix a date, time and

place, not more than thirty days after the receipt of the

application, for a meeting of the State Election Commission for

mutual consideration of the application. The Secretary of State

shall mail notice of the hearing by certified mail to each member

of the commission.

     (b) The State Election Commission shall appoint two qualified

computer experts who are not members of the same political party to

examine the system and make full reports on the system to the

commission within ninety days from the date the State Election

Commission approves the consideration of the application. They

shall state in the report whether the examined system complies with

the requirements of this article and the federal agency responsible

for certifying voting systems and can be safely used by voters at

elections under the conditions prescribed in this article. If the

report is in the affirmative on that question, the commission may approve the system and adopt a system of its make and design for

use at elections as provided in this article: Provided, That under

no circumstances may a system be approved that is not capable of

accurately tabulating returns based upon all possible combinations

of voting patterns. The vendor of the approved system shall

provide the State Election Commission with a report, due on January

1, of each even-numbered year, that outlines any problem that has

been experienced with the equipment by any jurisdiction in the

state or in any jurisdiction outside the state that uses the same

or a similar version of the equipment that has been certified for

use in this state.

     (c) No electronic voting system may be used at any election

unless it has been approved under this section or its former

provisions and by the appropriate agency of the federal government

whose purpose is to review and issue a certificate of approval.

Each of the two qualified computer experts appointed by the

commission are entitled to reasonable compensation and expenses in

making the examination and report, to be paid in advance of the

examination required by subsection (b) of this section by the

person or corporation applying for the examination. This sum shall

be the sole compensation to be received by any expert for any work

performed pursuant to this section. The State Election Commission

shall determine the compensation at the time of approving the

application for certification.





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

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