West Virginia Code § 3-1-41

Challenged and provisional voter procedures; counting of provisional
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voters' ballots; ballots of election officials.
(a) It is the duty of the members of the receiving board, jointly or severally, to challenge the
right of any person requesting a ballot to vote in any election:
(1) If the person's registration record is not available at the time of the election;
(2) If the signature written by the person in the poll book does not correspond with the
signature purported to be his or hers on the registration record;
(3) If the registration record of the person indicates any other legal disqualification;
(4) If the person fails to present a valid identifying document pursuant to section 34 of this
article; or a
(5) If any other valid challenge exists against the voter pursuant to section 10, article three
of this chapter.
(b) Any person challenged shall nevertheless be permitted to vote in the election. He or she
shall be furnished an official ballot not endorsed by the poll clerks. In lieu of the
endorsements, the poll clerks shall complete and sign an appropriate form indicating the
challenge, the reason therefor, and the name or names of the challengers. The form shall be
securely attached to the voter's ballot and deposited together with the ballot in a separate
box or envelope marked "provisional ballots".
(c) At the time that an individual casts a provisional ballot, the poll clerk shall give the
individual written inf ormation stating that an individual who casts a provisional ballot will be
able to ascertain under the free access system established in this section whether the vote
was counted and, if the vote was not counted, the reason that the vote was not counted.
(d) WBefore an individual casts a provisional ballot, the poll clerk shall provide the individual
written instructions, supplied by the board of ballot commissioners, stating that if the voter
is casting a ballot in the incorrect precinct, the ballot cast may not be counted for that
election: Provided, That if the voter is found to be in the incorrect precinct, then the poll
worker shall attempt to ascertain the appropriate precinct for the voter to cast a ballot and
immediately give the voter the information if ascertainable.
(e) Provisional ballots may not be counted by the election officials. The county commission
shall, on its own motion, at the time of canvassing of the election returns, sit in session to
determine the validity of any challenges according to the provisions of this chapter. If the
county commission determines that the challenges are unfounded, each provisional ballot of
each challenged voter, if otherwise valid, shall be counted and tallied together with the
regular ballots cast in the election. The county commission, as the board of canvassers, shall
protect the privacy of each provisional ballot cast. The county commission shall disregard
technical errors, omissions or oversights if it can reasonably be ascertained that the
challenged voter was entitled to vote.
(f) Any person duly appointed as an Election Commissioner or clerk under the provisions of
section 28 of this article who serves in that capacity in a precinct other than the precinct in
which the person is legally entitled to vote may cast a provisional ballot in the precinct in
which the person is serving as a commissioner or clerk. The ballot is not invalid for the sole
reason of having been cast in a precinct other than the precinct in which thee person is
legally entitled to vote. The county commission shall record the provisional ballot on the
voter's permanent registration record: Provided, That the county commrission may count only
the votes for the offices that the voter was legally authorized to vote for in his or her own
precinct.
(g) The Secretary of State shall establish a free access systetm, which may include a toll-free
telephone number or an Internet website, that may be accessed by any individual who casts
a provisional ballot to discover whether his or her vote was counted and, if not, the reason
that the vote was not counted.
(h) During the early in-person voting period, asnd in the case of a voter's address change
within the county, the voter may vote in the precinct serving their new address without
casting a provisional ballot if the voter shows proof of new address and the change is
completed in the state-wide voter reggistration system by the county clerk prior to canvass.

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