West Virginia Code § 3-2-29

Custody of original registration records
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(a) All original registration records in paper format shall remain in the custody of the county
commission, by its clerk, or, electronically, in the statewide voter registration database and
shall not be removed except for use in an election or by the order of a court of record or in
compliance with a subpoena duces tecum issued by the Secretary of State pursuant to the
provisions of section six, article one-a of this chapter. e
(b) All original voter registration records shall be retained for a minimum of five years
following the last recorded activity relating to the record, except that any application which
duplicates and does not alter an existing registration shall be retuained for a minimum of two
years following its receipt: Provided, That following approval by the Secretary of State
pursuant to subsection (c) of this section, the clerk of the cotunty commission may destroy
original registration records that have been retained for a period of time if an exact digital
or facsimile copy of each of the records is made and stored in an electronic format in a
secure manner on one or more servers under the control of the clerk of the county
commission. Digital or facsimile copies may include but are not limited to PDF or JPEG
formats. The Secretary of State shall promulgsate rules pursuant to the provisions of chapter
twenty-nine-a of this code for the specific retention times and procedures required for
original voter registration records.
(c) Prior to the destruction of original voter registration applications or registration cards of
voters whose registration has ebeen canceled at least five years previously, the clerk of the
county commission shall notify the Secretary of State of the intention to destroy those
records. If the SecretaryL of State determines, within ninety days of the receipt of the notice,
that those records are of sufficient historical value that microfilm or other permanent data
storage is desirable, the Secretary of State may require that the records be delivered to a
specified location for processing at state expense.
(d) Active, inactive, pending, rejected, and canceled registration records shall be maintained
as aW permanent record, as follows:
(1) Individual canceled registration records shall be maintained in the statewide voter
registration database for a period of at least five years following cancellation. Upon the
expiration of five years, those individual records may be removed from the statewide voter
registration database and disposed of in accordance with the appropriate document
retention policy.
(2) Rejected registration records shall be maintained in the same manner as provided for
cancelled registration records.

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