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Chapter 3     Entire Code
‹ Chapter 02  |  Chapter 04 › Printer Friendly Versions
Chapter 3  |  Article 3 - 1 C  |  Section 4
WVC 3- CHAPTER 3. ELECTIONS.
WVC 3 - 1 C- 1 §3-1C-1. Short title.
This article may be cited as "The Accessible Voting Technology Act".

WVC 3 - 1 C- 2 §3-1C-2. Findings.
The Legislature makes the following findings:

(1) Microchip and digital technologies are increasingly changing the way Americans vote;

(2) State and political subdivisions are replacing antiquated voting methods and machines with computer- and electronic-based voting systems, but nonvisual access, whether by speech, Braille or other appropriate means is often overlooked in certifying and purchasing the latest voting technology;

(3) Voting technology and systems which allow the voter to access and select information solely through visual means are a barrier to access by individuals who are blind or visually impaired, thereby discouraging them from exercising the right to vote, the most fundamental right of citizenship in a free and democratic society;

(4) Software and hardware adaptations have been created so that voters can interact with voting technology and systems through both visual and nonvisual means allowing blind and visually impaired people to cast a secret ballot and independently verify their vote; and

(5) In promoting full participation in the electoral process, the goals of the state and its political subdivisions must recognize the right of all citizens regardless of blindness or visual impairment to vote and to cast and verify their ballots independently.

WVC 3 - 1 C- 3 §3-1C-3. Definitions.
As used in this article, unless the context otherwise requires a different meaning, the term:

(1) "Access" means the ability to receive, use, select and manipulate data and operate controls included in voting technology and systems;

(2) "Nonvisual" means synthesized speech, Braille and other output methods not requiring sight.

WVC 3 - 1 C- 4 §3-1C-4. Requirements for accessible voting technology and systems.
(a) If any county upgrades or replaces existing voting equipment or an existing voting system and the upgraded or new equipment or system is certified by the secretary of state to have the capability to provide or the capability to be upgraded to provide blind and visually impaired individuals with nonvisual access which is equivalent to that access provided to individuals who are not blind or visually impaired, then the county must purchase or lease at least one voting mechanism which provides such nonvisual access to be used during the period of voting regular absentee ballots in person. The voting mechanism must also be used in a precinct, as designated by the county commission, on election day.

(b) The county commission of any county may place voting mechanisms that provide nonvisual access to blind or visually impaired persons in as many other precincts of the county as the county commission determines is feasible for use on election day, if the type of voting mechanism to be used has been certified by the secretary of state.

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§ 3 - 5 - 11 - (Amended Code)
§ 3 - 5 - 18 - (Amended Code)
§ 3 - 5 - 19 - (Amended Code)
SENATE BILL - 32
PASSED - Regular Session

SB32 ENR  (Uploaded - 02/08/2016)
Relating to withdrawal of candidates for office and filling vacancies
§ 3 - 5 - 8 - (Amended Code)
§ 3 - 8 - 5 B - (Amended Code)
SENATE BILL - 379
PASSED - Regular Session

SB379 ENR  (Uploaded - 03/07/2016)
Relating to candidate filing fees
§ 3 - 2 - 3 - (Amended Code)
§ 3 - 2 - 4 A - (Amended Code)
§ 3 - 2 - 12 - (Amended Code)
§ 3 - 2 - 23 A - (New Code)
SENATE BILL - 591
PASSED - Regular Session

SB591 SUB1 ENR  (Uploaded - 03/16/2016)
Relating to voter registration list maintenance and combined voter registration and driver licensing fund
§ 3 - 8 - 5 B - (Amended Code)
HOUSE BILL - 2588
PASSED - Regular Session

HB2588 SUB ENR  (Uploaded - 03/10/2016)
Relating to the filing of financial statements with the Secretary of State
§ 3 - 1 - 34 - (Amended Code)
§ 3 - 1 - 41 - (Amended Code)
§ 3 - 1 - 51 - (New Code)
§ 3 - 2 - 11 - (Amended Code)
§ 3 - 2 - 12 - (Amended Code)
HOUSE BILL - 4013
PASSED - Regular Session

HB4013 SUB ENR  (Uploaded - 03/15/2016)
Requiring a person desiring to vote to present documentation identifying the voter
§ 3 - 9 - 19 - (Amended Code)
HOUSE BILL - 4587
PASSED - Regular Session

HB4587 SUB ENR  (Uploaded - 03/10/2016)
Relating to violations associated with absent voters’ ballots
§ 3 - 10 - 3 - (Amended Code)
HOUSE BILL - 4725
PASSED - Regular Session

hb4725 ENR  (Uploaded - 03/15/2016)
hb4725 org ENR  (Uploaded - 03/15/2016)
Relating to providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate and making certain clarifications
Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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