West Virginia Code
Article 4A. Electronic Voting Systems
§3-4A-2. Definitions

As used in this article, unless otherwise specified:
(1) "Automatic tabulating equipment" means all apparatus necessary to electronically count votes recorded on ballots, tabulate the results and produce necessary reports;
(2) "Ballot" means a logical or physical device that presents races, candidates and contests, and facilitates the capture of the voter's choices or intent;
(3) "Central counting center" means a facility equipped with suitable and necessary automatic tabulating equipment, selected by the county commission, for the electronic counting of votes recorded on ballots;
(4) "Electronic poll book" means an electronic device containing voter registration information for the purpose of facilitating voting at the precinct;
(5) "Electronic voting system" is one or more integrated devices that utilize an electronic component for the following functions: Ballot presentation, vote capture, vote recording and tabulation;
(6) "Standard validation test deck" means a group of ballots wherein all voting possibilities which can occur in an election are represented;
(7) "Vote-recording device" means equipment that captures and records voter intent by marking a screen to record selections or by using electronically sensible ink to mark selections; and
(8) "Voter verified paper audit trail" means a physical printout on which the voter's ballot choices, as registered by a direct recording device, are recorded. This shall be visible to the voter and shall be securely locked to avoid tampering.

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