(a) The printing of ballots for any election to be held pursuant to the provisions of this chapter shall be contracted for with a vendor authorized in accordance with the provisions of this section.
(b) Any vendor authorized to do business in West Virginia and in good standing may apply for a certificate of authorization to print ballots for elections in this state: Provided, That any individual, partnership, association or corporation who does not qualify as a resident vendor pursuant to the provisions of section thirty-seven-a, article three, chapter five-a of this code or who prints the ballots in a state which prohibits that state or any of its political subdivisions from contracting with West Virginia resident vendors for the printing of ballots or which prohibits the printing of ballots outside of such state, is not eligible to obtain a certificate of authorization.
(c) (1) Every vendor desiring to print ballots for elections held pursuant to the provisions of this chapter shall, prior to the execution of any contract for the printing of ballots with any state, county, or municipal government, obtain a certificate of authorization to print ballots.
(2) A certificate of authorization may be obtained by application to the Secretary of State, upon a form prescribed by the Secretary of State. The form shall include a statement that all printing, packaging and delivery specifications for ballots set forth in this chapter will be substantially met, and that the vendor applying for certification is eligible in accordance with the provisions of this section.
(3) Upon receipt of the completed application, the Secretary of State shall issue a certificate of authorization to print ballots, which shall remain in effect for two years from the date of issuance and may be renewed upon application therefor: Provided, That the Secretary of State may deny the application to issue or renew the certificate of authorization, or may suspend or revoke the certificate of authorization upon a determination that the vendor has not substantially complied with the printing, packaging and delivery specifications in the printing of ballots for any state, county or municipal election, or that the vendor is not eligible or is no longer eligible to print ballots pursuant to the provisions of this section. The Secretary of State shall give written notice of any such determination by certified mail, return receipt requested, to the vendor setting forth the reason for the suspension, revocation or the denial of the application or the denial of the renewal thereof. The applicant may, within sixty days of the receipt of such denial, file a written appeal with the state Election Commission. The State Election Commission shall promulgate rules establishing a hearing process for such appeals.
(d) On or before the second Monday of January of each year, the Secretary of State shall provide a list of all vendors authorized to print ballots for state, county and municipal elections to the clerk of each county commission of this state.
Structure West Virginia Code
Article 1. General Provisions and Definitions
§3-1-2. Scope of Chapter; Definitions
§3-1-3. Persons Entitled to Vote
§3-1-6. Municipal Voting Precincts
§3-1-7. Precinct Changes; Procedure; Precinct Record
§3-1-9. Political Party Committees; How Composed; Organization
§3-1-10. Party Committees in Office
§3-1-11. Powers of State Executive Committee; Central or Subcommittees; Party Emblems
§3-1-12. Members of National Party Committee
§3-1-13. Other Party or Group Committees
§3-1-14. Presidential Electors; How Chosen; Duties; Vacancies; Compensation
§3-1-15. Election of United States Senators and Congressmen
§3-1-16. Election of State Officers
§3-1-17. Election of Circuit Judges; County and District Officers; Magistrates
§3-1-18. Election to Fill Other Offices
§3-1-19. Ballot Commissioners; Selection; Duties Generally; Vacancies
§3-1-20. Cards of Instructions to Voters; Sample Ballots; Posting
§3-1-23. County Commission to Arrange Polling Places and Equipment; Requirements
§3-1-24. Obtaining and Delivering Election Supplies
§3-1-25. Supplies by Special Messenger
§3-1-26. Election Supplies in Emergencies
§3-1-27. Municipal Precinct Registration Records
§3-1-28. Election Officials; Eligibility, Suspension of Eligibility
§3-1-30a. Oaths of Election Commissioners and Poll Clerks, Substitution of Persons
§3-1-32. Opening and Closing Polls; Procedure
§3-1-33. How Elections Conducted by Double Boards
§3-1-35. Ballots to Be Furnished Voters
§3-1-36. Report on and Disposition of Ballots Spoiled or Not Used
§3-1-37. Restrictions on Presence and Conduct at Polls
§3-1-38. Disorder at Polls; Procedure
§3-1-39. Illegal Voting; Affidavit; Procedure
§3-1-43. Disposition of Miscellaneous Election Papers
§3-1-44. Compensation of Election Officials; Expenses
§3-1-45. Court Proceedings to Compel Performance of Duties, etc.
§3-1-46. Training Program for Election Officials
§3-1-49. Voting System Standards
§3-1-50. Establishment of State-Based Administrative Complaint Procedures
§3-1-51. Identity Verification of Voters Executing Voter Identity Affidavit