West Virginia Code § 3-4A-13

Inspection of ballots, electronic poll books and vote-recording devices;
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duties of county commission, ballot commissioners and election commissioners;
records relating to ballots and vote-recording devices; receipt of election materials
by ballot commissioners.
(a) When the clerk of the county commission has completed the preparation of the ballots
and of any electronic poll books and vote-recording devices as provided in seections eleven-a
and twelve-a of this article and as provided in section twenty-one, article one of this chapter,
and not later than seven days before the day of the election, he or she srhall notify the
members of the county commission and the ballot commissioners that the ballots and any
electronic poll books and devices are ready for use.
(b) The members of the county commission and the ballot cotmmissioners shall convene at
the office of the clerk or at such other place at which any vote-recording devices or
electronic poll books and the ballots are stored, not later than five days before the day of the
election, and shall inspect the devices, electronic poll books and the ballots to determine
whether the requirements of this article have been met. Notice of the place and time of the
inspection shall be published, no less than thrsee days in advance, as a Class I-0 legal
advertisement in compliance with the provisions of article three, chapter fifty-nine of this
code. The publication area is the county involved.
(c) Any candidate and one representative of each political party on the ballot may be present
during the examination. If the edevices and electronic poll books and ballots are found to be
in proper order, the members of the county commission and the ballot commissioners shall
endorse their approval iLn the book in which the clerk entered the numbers of the devices
opposite the numbers of the precincts.
(d) The vote-recording devices, the electronic poll books and the ballots shall then be
secured in double lock rooms. The clerk and the president or president pro tempore of the
county commission shall each have a key. The rooms shall be unlocked only in their presence
andW only for the removal of the devices, electronic poll books and the ballots for
transportation to the polls. Upon removal of the devices, the electronic poll books and the
ballots, the clerk and president or president pro tempore of the county commission shall
certify in writing signed by them that the devices, the electronic poll books and packages of
ballots were found to be sealed when removed for transportation to the polls.
(e) Vote-recording devices used during the early voting period may be used on election day if
retested in accordance with all the provisions of this section, including public notice
between the close of early voting and prior to precinct placement for election day. Vote-
recording devices must comply with the applicable requirements of section twenty-six of this
article.
(f) Not later than one day before the election, the election commissioner of each precinct
previously designated by the ballot commissioners shall attend at the office of the clerk of
the county commission to receive the necessary election records, books and supplies
required by law. The election commissioners shall receive the per diem mileage rate
prescribed by law for this service. The election commissioners shall give the ballot
commissioners a sequentially numbered written receipt, on a printed form, provided by the
clerk of the county commission, for such records, books and supplies. The receipt shall be
prepared in duplicate. One copy of the receipt shall remain with the clerk of the county
commission and one copy shall be delivered to the president or president pro tempore of the
county commission. e

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