If the right of any person to vote is 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. An election commissioner shall enter into the voting device a voter-specific electronic code for any person voting a provisional ballot. The devices are to retain provisional ballots in electronic memory and are not to be tabulated in accordance with the provisions of this code, but are to be reviewed in accordance with the provisions of this code.
After the county commission, as prescribed in article one of this chapter, has determined that the challenges are unfounded, the commissioners shall ensure that the ballots are included in the tabulation.
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