West Virginia Code
Article 4A. Electronic Voting Systems
§3-4A-18. Disrepair of Vote Recording Devices in Use; Reserve Vote Recording Devices

If, during the conduct of an election, a vote recording device becomes in a state of disrepair so that it cannot be operated in a manner that will comply with the provisions of this article, the election commissioners shall seal the device in such manner as to prevent further voting thereon. Then the election commissioners shall secure from the county clerk a reserve vote recording device, which shall be prepared, inspected and delivered to the polling place wherein the seal shall be broken and such device opened 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 reserve vote recording device was found to be sealed upon delivery to the polling place, that the seal was broken and the device opened in their presence at the polling place. The commissioners shall proceed to conduct 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