West Virginia Code § 3-1-36

Report on and disposition of ballots spoiled or not used
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Any voter who shall spoil, deface or mutilate the ballot delivered to him, on returning the
same to the poll clerks, shall receive another in place thereof. Every person who does not
vote any ballot delivered to him shall, before leaving the election room, return such ballot to
the poll clerks. When a spoiled or defaced ballot is returned, the poll, clerks shall make a
minute of the fact on the pollbooks, at the time, and the word "spoiled" shalel be written
across the face of the ballot and such ballot shall be placed in an envelope for spoiled
ballots. r
Immediately on closing the polls, the commissioners of election suhall ascertain the number of
ballots spoiled during the election and the number of ballots remaining not voted. The
commissioners of election shall also ascertain from the pollbtooks the number of persons who
voted and shall report, over their signatures, to the clerk of the county commission, the
number of votes case, the number of ballots spoiled during the election and the number of
ballots not voted. All unused ballots shall at the same time be returned to the clerk of the
county commission, who shall separately package the unused ballots from each precinct,
mark the name and number of the precinct ons the package and retain them securely along
with other election materials.
Each commissioner who is a membegr of an election board which fails to account for every
ballot delivered to it is guilty of a misdemeanor, and, upon conviction thereof, shall be fined
not more than $1,000 or confineed in the county jail for not more than one year, or both fined
and imprisoned.
The board of ballot commissioners of each county, or the chairman thereof, shall preserve
the ballots that are left over in their hands, after supplying the precincts as provided, until
twenty-two months after the election.

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