§3-4A-29. Incorrect recordation or tabulation of votes; testing
accuracy of vote recording devices and automatic
tabulating equipment; procedures and requirements.
(1) When during a canvass or a recount of votes in an election
it appears to the board of canvassers or if it is so alleged in a
petition for a recount, that a vote recording device or piece of
automatic tabulating equipment used in the election has by reason
of mechanical failure or improper or fraudulent preparation or
tampering, incorrectly recorded or tabulated the actual votes cast
or counted on such device or equipment, the board of canvassers
shall proceed to determine whether an error has occurred in the
vote recorded or counted on such device or equipment. If an error
is found, the board of canvassers shall have the cause of the error
corrected and the ballots affected recounted so that the election
returns will accurately reflect the votes cast at such election if
it is possible to accurately correct such error. If the board of
canvassers is unable to accurately correct such errors made by said
device or equipment and therefore cannot correct the returns to
accurately reflect the actual votes cast at such election, the
total votes recorded or tabulated on such device or equipment,
despite the fact that such vote may be erroneous, shall be accepted
in the canvass and in the recount as the votes cast.
(2) If it is necessary for the board of canvassers to test any
vote recording device or automatic tabulating equipment counting
device for its mechanical accuracy in recording or tabulating the votes cast at such election, such test shall be conducted by the
clerk of the county court in the presence of the board of
canvassers and of any candidate or his party representative. After
the completion of such test the clerk will then and there prepare
and file a statement in writing giving in detail the result of the
examination and test.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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