Excepting election officials acting under authority of sections nineteen, twenty and twenty-two of this article in the conduct of the election, and qualified persons assisting voters pursuant to section twenty-two of this article, no person other than the voter may be in, about or within five feet of the voting booth during the time the voter is voting at any election. While the voter is voting, no person may communicate with the voter in any manner and the voter may not communicate with any other person or persons. No person may enter a voting booth with any recording or electronic device in order to record or interfere with the voting process. Any conduct or action of an election official about or around the voting booth while the voter is in the process of voting, except as expressly provided in this article, is a violation of this section. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than twelve months, or both fined and confined.
Structure West Virginia Code
Article 4A. Electronic Voting Systems
§3-4A-1. Use of Electronic Voting Systems Authorized
§3-4A-3. Procedure for Adopting Electronic Voting Systems
§3-4A-4. Procedure for Terminating Use of Electronic Voting Systems
§3-4A-7. Bids and Contracts for Vote Recording Devices; False Swearing or Failure to Disclose Facts
§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-10a. Proportional Distribution of Vote-Recording Devices
§3-4A-14. Election Boards Where Electronic Voting Systems Used
§3-4A-16. Delivery of Vote-Recording Devices and Electronic Poll Books; Time, Arrangement for Voting
§3-4A-18. Disrepair of Vote Recording Devices in Use; Reserve Vote Recording Devices
§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-26. Test of Automatic Tabulating Equipment
§3-4A-27. Proceedings at the Central Counting Center
§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