West Virginia § 3-4A-16 Delivery of vote-recording devices and electronic poll books; time, arrangement for voting

West Virginia Statutes

§ 3-4A-16 — Delivery of vote-recording devices and electronic poll books; time, arrangement for voting

West Virginia § 3-4A-16

Ch. 3ELECTIONS

Art. 4AELECTRONIC VOTING SYSTEMS

This text of West Virginia § 3-4A-16 (Delivery of vote-recording devices and electronic poll books; time, arrangement for voting) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 3-4A-16 (2026).

Text

The clerk of the county commission shall deliver or cause to be delivered each vote-recording device, electronic poll book and the package of ballots to the polling place where they are to be employed. The delivery shall be made not less than one hour prior to the opening of the polls and in the presence of the precinct election commissioners. At the time of the delivery the device and electronic poll books are to be sealed to prevent any use prior to the opening of the polls and the ballots are to be packaged and sealed to prevent any tampering with the ballots. Immediately prior to the opening of the polls on election day, the sealed packages of ballots are to be opened, where applicable, and the seal of the vote-recording device and the seal of the electronic poll book is to be broken i

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The clerk of the county commission shall deliver or cause to be delivered each vote-recording device, electronic poll book and the package of ballots to the polling place where they are to be employed. The delivery shall be made not less than one hour prior to the opening of the polls and in the presence of the precinct election commissioners. At the time of the delivery the device and electronic poll books are to be sealed to prevent any use prior to the opening of the polls and the ballots are to be packaged and sealed to prevent any tampering with the ballots. Immediately prior to the opening of the polls on election day, the sealed packages of ballots are to be opened, where applicable, and the seal of the vote-recording device and the seal of the electronic poll book is to be broken in the presence of the precinct election commissioners, who shall certify in writing signed by them to the clerk of the county commission that the devices, where applicable, and the ballots have been delivered in their presence, that the devices and packages of ballots were found to be sealed upon delivery and that the seals have been broken and the devices opened in their presence, as may be appropriate. The election commissioners shall then cause the vote-recording device and booth to be arranged so that the front of the vote-recording device will not be visible, when the vote-recording device is being operated, to any person other than the voter. The poll clerks shall ensure that the vote-recording device is placed in a location that maintains voter privacy through the entire period of voting.

Legislative History

2008 Reg. Sess., SB494; 2007 Reg. Sess., SB619; 2001 Reg. Sess., HB3066; 2001 Reg. Sess., HB3097; 1990 Reg. Sess., HB4770; 1985 Reg. Sess., SB630; 1982 Reg. Sess., SB313; 1969 Reg. Sess., HB513