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
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