§3-4A-13. Inspection of ballots, electronic poll books and vote-recording devices; duties of county commission, ballot commissioners and election commissioners; records relating to ballots and vote-recording devices; receipt of election materials by ...


Published: 2015

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WVC 3 - 4 A- 13

§3-4A-13. Inspection of ballots, electronic poll books and

vote-recording devices; duties of county

commission, ballot commissioners and election

commissioners; records relating to ballots and

vote-recording devices; receipt of election

materials by ballot commissioners.

     (a) When the clerk of the county commission has completed the

preparation of the ballots and of any electronic poll books and

vote-recording devices as provided in sections eleven-a and

twelve-a of this article and as provided in section twenty-one,

article one of this chapter, and not later than seven days before

the day of the election, he or she shall notify the members of the

county commission and the ballot commissioners that the ballots and

any electronic poll books and devices are ready for use.

     (b) The members of the county commission and the ballot

commissioners shall convene at the office of the clerk or at such

other place at which any vote-recording devices or electronic poll

books and the ballots are stored, not later than five days before

the day of the election, and shall inspect the devices, electronic

poll books and the ballots to determine whether the requirements of

this article have been met. Notice of the place and time of the

inspection shall be published, no less than three days in advance,

as a Class I-0 legal advertisement in compliance with the

provisions of article three, chapter fifty-nine of this code. The

publication area is the county involved.

     (c) Any candidate and one representative of each political

party on the ballot may be present during the examination. If the

devices and electronic poll books and ballots are found to be in

proper order, the members of the county commission and the ballot

commissioners shall endorse their approval in the book in which the

clerk entered the numbers of the devices opposite the numbers of

the precincts.

     (d) The vote-recording devices, the electronic poll books and

the ballots shall then be secured in double lock rooms. The clerk

and the president or president pro tempore of the county commission

shall each have a key. The rooms shall be unlocked only in their

presence and only for the removal of the devices, electronic poll

books and the ballots for transportation to the polls. Upon

removal of the devices, the electronic poll books and the ballots,

the clerk and president or president pro tempore of the county

commission shall certify in writing signed by them that the

devices, the electronic poll books and packages of ballots were

found to be sealed when removed for transportation to the polls.

     (e) Vote-recording devices used during the early voting period

may be used on election day if retested in accordance with all the

provisions of this section, including public notice between the

close of early voting and prior to precinct placement for election

day. Vote-recording devices must comply with the applicable

requirements of section twenty-six of this article.

     (f) Not later than one day before the election, the election commissioner of each precinct previously designated by the ballot

commissioners shall attend at the office of the clerk of the county

commission to receive the necessary election records, books and

supplies required by law. The election commissioners shall receive

the per diem mileage rate prescribed by law for this service. The

election commissioners shall give the ballot commissioners a

sequentially numbered written receipt, on a printed form, provided

by the clerk of the county commission, for such records, books and

supplies. The receipt shall be prepared in duplicate. One copy of

the receipt shall remain with the clerk of the county commission

and one copy shall be delivered to the president or president pro

tempore of the county commission.





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.