Senate Bill No. 395
(By Senators Jenkins, White and Williams)
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[Introduced January 29, 2010; referred to the Committee on
Government Organization; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §3-4A-17 of the Code of West Virginia,
1931, as amended, relating to providing counties the
discretion to accompany an electronic poll book with a printed
poll book.
Be it enacted by the Legislature of West Virginia:
That §3-4A-17 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-17. Check of vote-recording devices and electronic poll
books before use; corrections; reserve vote-
recording devices.
(a) In counties utilizing an electronic voting system where
votes are to be recorded by means of perforating or by touching a
screen with a stylus or by means of touch before permitting the
first voter to vote, the election commissioners shall examine the
vote-recording devices to ascertain whether the ballot labels are arranged as specified on the facsimile diagram furnished to the
precinct. If the ballot labels are arranged incorrectly, the
commissioners shall immediately notify the clerk of the county
commission of the foregoing facts in writing, indicating the number
of the device, and obtain from the clerk a reserve vote-recording
device and thereafter proceed to conduct the election.
(b) Any reserve vote-recording device so used is to be
prepared for use by the clerk or his or her duly appointed deputy
and the reserve vote-recording device is to be prepared, inspected
and sealed and delivered to the polling place wherein the seal is
to be broken and the device opened in the presence of the precinct
election commissioners who shall certify in writing signed by them
to the clerk of the county commission, that the reserve vote-
recording device was found to be sealed upon delivery to the
polling place, that the seal was broken and the device opened in
their presence at the polling place. The vote-recording device
found to have been with incorrect ballot labels is to be returned
immediately to the custody of the clerk who shall then promptly
cause the vote-recording device to be repaired, prepared and
resealed in order that it may be used as a reserve vote-recording
device if needed.
(c) In counties using electronic poll books, the election
commissioners shall examine the electronic poll books to ascertain
whether the poll books are in working order before allowing any
voters to enter the polling location. If the electronic poll books
are not in working order, the election commissioners shall contact the county clerk who shall immediately authorize a printed poll
book to serve in place of the electronic poll book for that
election. A printed poll book
shall may accompany the electronic
poll book to each precinct.
NOTE: The purpose of this bill is to provide counties the
discretion to accompany an electronic poll book with a printed poll
book.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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