West Virginia Code
Article 4A. Electronic Voting Systems
§3-4A-24. Voting by Challenged Voter

Except for electronic voting systems using screens on which votes may be recorded by means of a stylus or by means of touch, if the right of any person to vote be challenged in accordance with the provisions of article one of this chapter, relating to the challenging of voters, and a vote recording device or ballot is used that tabulates the vote as an individual vote, the person is to be permitted to cast his or her vote by use of the vote recording device or ballot, as may be appropriate. He or she is to be provided with a challenged ballot and ballot envelopes for the insertion of the ballot after voting. There is to be an inner envelope marked with the precinct number for the challenged ballot. There is also to be another envelope for the inner envelope and the challenged voter stub, which envelope provides a place for the challenged voter to affix his or her signature on the seal of the outer envelope.
After the county commission, as prescribed in article one of this chapter, has determined that the challenges are unfounded, the commissioners shall remove the outer envelopes. Without opening the inner envelope, the commissioners shall shuffle and intermingle the inner envelopes. The commissioners shall then open the inner envelopes, remove the ballots and add the votes to the previously counted totals.

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