Enrolled Version - Final Version House Bill 4247 History

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hb4247 ENR

H. B. 4247

(By Delegates Frazier, Marshall, Poore,

Swartzmiller and Ferro)

[Passed March 13, 2010; in effect ninety days from passage.]

AN ACT 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:


§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 may accompany the electronic poll book to each precinct.

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