WEST VIRGINIA CODE











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WVC 3 - 4 A- 33

§3-4A-33. Tampering with vote-recording devices, electronic poll

books, ballot labels, ballot or ballot cards, program

decks, standard validation test decks or other

automatic tabulating equipment; other dishonest

practices; attempts; penalty.

(a) Any person not an election officer or other public

official who shall tamper or attempt to tamper with any

vote-recording device, electronic poll book, ballot label, ballot

or ballot card, program deck, standard validation test deck or

automatic tabulating equipment or in any way intentionally impair

or attempt to impair their use and any person who shall be guilty

of or shall attempt any dishonest practice upon any such devices or

equipment, or with or by their use, shall be deemed guilty of a

felony and, upon conviction thereof, shall be confined in a

correctional facility for not less than one year nor more than ten

years or fined not less than five thousand dollars, or both.

(b) Any clerk of a county commission, county commissioner,

ballot commissioner, election commissioner, or poll clerk, or any

custodian, technician or other public official authorized to take

part in the holding of an election or in preparing for an election,

who, with intent to cause or permit any vote-recording device,

electronic poll book, program deck, standard validation test deck

or other automatic tabulating equipment to fail to record, test or

tabulate correctly all votes cast thereon or tabulated therewith,

tampers with or disarranges such device in any way, or any part or appliance thereof, or who causes or consents to the use of such

device or equipment for vote recording, testing or tabulating at

any election with knowledge of the fact that the same is not in

order, or not perfectly set and adjusted so that it will correctly

record, test or tabulate all votes cast or who, with the purpose of

defrauding or deceiving any voter or of causing it to be doubtful

for what ticket or candidate or candidates or proposition any vote

is cast, or of causing it to appear on said device or devices that

the votes cast for one ticket, candidate or proposition, were cast

for another ticket, candidate or proposition, removes, changes or

mutilates any ballot, ballot card or ballot label on said device or

any part thereof, or does any other thing intended to interfere

with the validity or accuracy of the election, shall be deemed

guilty of a felony and, upon conviction thereof, shall be confined

in a correctional facility for not less than one year nor more than

ten years, or fined not less than five thousand dollars or both.





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.