West Virginia Code
Article 4A. Electronic Voting Systems
§3-4A-10. County Clerk to Be Custodian of Vote-Recording Devices, Tabulating Equipment and Electronic Poll Books; Duties

(a) When an electronic voting system is acquired by any county commission, the vote-recording devices, where applicable, and the tabulating equipment shall be immediately placed in the custody of the county clerk and shall remain in his or her custody at all times except when in use at an election or when in custody of a court or court officers during contest proceedings. The clerk shall see that the vote-recording devices and the tabulating equipment are properly protected and preserved from damage or unnecessary deterioration and shall not permit any unauthorized person to tamper with them. The clerk shall also keep the vote-recording devices and tabulating equipment in repair and prepare the same for voting.
(b) When a county commission elects to acquire and use electronic poll books in lieu of printed poll books, the clerk of the county commission shall immediately take custody of the electronic poll books, which shall remain in his or her custody at all times except when in use at an election or when in the custody of a court or court officers during contest proceedings. The clerk shall ensure that the electronic poll books are properly protected and preserved from damage or unnecessary deteriorations and the clerk shall not permit any unauthorized person to tamper with the electronic poll books. The clerk shall also keep the electronic poll books in good repair and the clerk shall prepare the electronic poll books for election day.

Structure West Virginia Code

West Virginia Code

Chapter 3. Elections

Article 4A. Electronic Voting Systems

§3-4A-1. Use of Electronic Voting Systems Authorized

§3-4A-2. Definitions

§3-4A-3. Procedure for Adopting Electronic Voting Systems

§3-4A-4. Procedure for Terminating Use of Electronic Voting Systems

§3-4A-5. Duty of County Commission to Acquire Vote Recording Devices, Acquire Use of Automatic Tabulating Equipment, and Provide a Central Counting Center

§3-4A-6. Acquisition of Vote Recording Devices by Purchase or Lease; Acquisition of Use of Automatic Tabulating Equipment; Counting Centers

§3-4A-7. Bids and Contracts for Vote Recording Devices; False Swearing or Failure to Disclose Facts

§3-4A-8. Approval of Electronic Voting System by State Election Commission; Expenses; Compensation of Persons Examining System

§3-4A-9. Minimum Requirements of Electronic Voting Systems

§3-4A-9a. Authorization for Ballot-Marking Voting Systems; Minimum Requirements

§3-4A-9b. Authorization for Precinct Ballot-Scanning Device; Minimum Requirements

§3-4A-10. County Clerk to Be Custodian of Vote-Recording Devices, Tabulating Equipment and Electronic Poll Books; Duties

§3-4A-10a. Proportional Distribution of Vote-Recording Devices

§3-4A-11a. Ballots Tabulated Electronically; Arrangement, Quantity to Be Printed, Ballot Stub Numbers

§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...

§3-4A-14. Election Boards Where Electronic Voting Systems Used

§3-4A-15. Instructions and Help to Voters; Vote-Recording Device Models; Facsimile Diagrams; Sample Ballots; Legal Ballot Advertisements

§3-4A-16. Delivery of Vote-Recording Devices and Electronic Poll Books; Time, Arrangement for Voting

§3-4A-17. Check of Vote-Recording Devices and Electronic Poll Books Before Use; Corrections; Reserve Vote-Recording Devices

§3-4A-18. Disrepair of Vote Recording Devices in Use; Reserve Vote Recording Devices

§3-4A-19. Conducting Electronic Voting System Elections Generally; Duties of Election Officers; Penalties

§3-4A-19a. Form of Ballots; Requiring the Signatures of Poll Clerks; Prohibiting the Counting of Votes Cast on Ballots Without Signatures

§3-4A-20. Non-Affiliated Voters in Primary Elections

§3-4A-22. Assistance to Illiterate and Disabled Voters

§3-4A-23. Persons Prohibited About Voting Booths; Penalties

§3-4A-24. Voting by Challenged Voter

§3-4A-24a. Voting by Challenged Voter Where Touch-Screen Electronic Voting Systems Are Used

§3-4A-25. Closing Polls

§3-4A-26. Test of Automatic Tabulating Equipment

§3-4A-27. Proceedings at the Central Counting Center

§3-4A-28. Post-Election Custody and Inspection of Vote-Recording Devices and Electronic Poll Books; Canvass and Recounts

§3-4A-29. Incorrect Recordation or Tabulation of Votes; Testing Accuracy of Vote Recording Devices and Automatic Tabulating Equipment; Procedures and Requirements

§3-4A-30. Adjustments in Voting Precincts Where Electronic Voting System Used

§3-4A-31. Use of Electronic Voting Systems in Municipal Elections

§3-4A-32. Applicability of General Laws Relating to Elections

§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

§3-4A-34. Wilful Neglect of Duty by Officials; Penalties