West Virginia Code
Article 4A. Electronic Voting Systems
§3-4A-11a. Ballots Tabulated Electronically; Arrangement, Quantity to Be Printed, Ballot Stub Numbers

(a) The board of ballot commissioners in counties using ballots upon which votes may be recorded by means of marking with electronically sensible ink or pencil and which marks are tabulated electronically shall cause the ballots to be printed or displayed upon the screens of the electronic voting system for use in elections.
(b) (1) For the primary election, the heading of the ballot, the type faces, the names and arrangement of offices and the printing of names and arrangement of candidates within each office are to conform as nearly as possible to 3-5-13 and 3-5-13a of this code.
(2) For the general election, the heading of the ballot, the type faces, the names and arrangement of offices and the printing of names and the arrangement of candidates within each office are to conform as nearly as possible to 3-6-2 of this code.
(3) Effective with the primary election held in 2016 and thereafter, the following nonpartisan elections are to be separated from the partisan ballot and separately headed in display type with a title clearly identifying the purpose of the election and constituting a separate ballot wherever a separate ballot is required under this chapter:
(A) Nonpartisan elections for judicial offices, by division, of:
(i) Justice of the Supreme Court of Appeals;
(ii) Judge of the Intermediate Court of Appeals;
(iii) Judge of the circuit court;
(iv) Family court judge; and
(v) Magistrate;
(B) Nonpartisan elections for Board of Education; and
(C) Any question to be voted upon.
(4) Beginning in the primary election to be held in the year 2020 and in each election thereafter, the nonpartisan judicial elections described in subparagraphs (i) through (iv), paragraph (A), subdivision (3), of this subsection shall appear immediately after the state ticket and shall immediately precede the county ticket, in the same manner prescribed in 3-5-13a of this code.
(5) Both the face and the reverse side of the ballot may contain the names of candidates only if means to ensure the secrecy of the ballot are provided and lines for the signatures of the poll clerks on the ballot are printed on a portion of the ballot which is deposited in the ballot box and upon which marks do not interfere with the proper tabulation of the votes.
(6) The arrangement of candidates within each office is to be determined in the same manner as for other electronic voting systems, as prescribed in this chapter. On the general election ballot for all offices, and on the primary election ballot only for those offices to be filled by election, except delegate to national convention, lines for entering write-in votes are to be provided below the names of candidates for each office, and the number of lines provided for any office shall equal the number of persons to be elected, or three, whichever is fewer. The words "WRITE-IN, IF ANY" are to be printed, where applicable, directly under each line for write-ins. The lines are to be opposite a position to mark the vote.
(c) Except for electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary election ballots are to be printed in the color of ink specified by the Secretary of State for the various political parties, and the general election ballot is to be printed in black ink. For electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, the primary ballots and the general election ballot are to be printed in black ink. All ballots are to be printed, where applicable, on white paper suitable for automatic tabulation and are to contain a perforated stub at the top or bottom of the ballot, which is to be numbered sequentially in the same manner as provided in 3-5-13 of this code, or are to be displayed on the screens of the electronic voting system upon which votes are recorded by means of a stylus or touch. The number of ballots printed and the packaging of ballots for the precincts are to conform to the requirements for paper ballots provided in this chapter.
(d) In addition to the official ballots, the ballot commissioners shall provide all other materials and equipment necessary to the proper conduct of the election.

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