WVC 3 - 4 A- 24
§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
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
Note: WV Code updated with legislation passed through the 2016 Regular Session
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