West Virginia Code § 3-4A-27

Proceedings at the central counting center
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(a) All proceedings at the central counting center are to be under the supervision of the
clerk of the county commission and are to be conducted under circumstances which allow
observation from a designated area by all persons entitled to be present. The proceedings
shall take place in a room of sufficient size and satisfactory arrangement to permit
observation. Those persons entitled to be present include all candidates whoese names
appear on the ballots being counted or, if a candidate is absent, a representative of the
candidate who presents a written authorization signed by the candidater for the purpose and
two representatives of each political party on the ballot who are chosen by the county
executive committee chairperson. A reasonable number of the general public is also freely
admitted to the room. In the event all members of the general public desiring admission to
the room cannot be admitted at one time, the county commistsion shall provide for a periodic
and convenient rotation of admission to the room for observation, to the end that each
member of the general public desiring admission, during the proceedings at the central
counting center, is to be granted admission for reasonable periods of time for observation:
Provided, That no person except those authorized for the purpose may touch any ballot or
other official records and papers utilized in the election during observation.
(b) All persons who are engaged in processing and counting the ballots are to work in teams
consisting of two persons of oppositge political parties, and are to be deputized in writing and
take an oath that they will faithfully perform their assigned duties. These deputies are to be
issued an official badge or idenetification card which is assigned an identity control number
and the deputies are to prominently wear on his or her outer garments the issued badge or
identification card. UpoLn completion of the deputies' duties, the badges or identification
cards are to be returned to the county clerk.
(c) Ballots are to be handled and tabulated and the write-in votes tallied according to
procedures established by the Secretary of State, subject to the following requirements:
(1) WIn systems using ballots marked with electronically sensible ink, ballots are to be
removed from the ballot boxes and stacked for the tabulator which separates ballots
containing marks for a write-in position. Immediately after tabulation, the valid write-in
votes are to be tallied. No write-in vote may be counted for an office unless the voter has
entered the name of an official write-in candidate for that office on the line provided, either
by writing, affixing a sticker or placing an ink-stamped impression thereon;
(2) In systems using ballots in which votes are recorded upon screens with a stylus or by
means of touch, the ballots are to be tabulated according to the processes of the system.
Systems using ballots in which votes are recorded upon screens with a stylus or by means of
touch are to tally write-in ballots simultaneously with the other ballots;
(3) When more than one person is to be elected to an office and the voter desires to cast
write-in votes for more than one official write-in candidate for that office, the voter shall
mark the location appropriate for the voting system in the write-in location for that office.
When there are multiple write-in votes for the same office and the combination of choices for
candidates on the ballot and write-in choices for the same office exceed the number of
candidates to be elected, the ballot is to be duplicated or hand counted, with all votes for
that office rejected;
(4) Write-in votes for nomination for any office and write-in votes for any person other than
an official write-in candidate are to be disregarded; and e
(5) Official write-in candidates are those who have filed a write-in candidate's certificate of
announcement and have been certified according to the provisions of section four-a, article
six of this chapter. u
(d) If any ballot is damaged or defective so that it cannot properly be counted by the
automatic tabulating equipment, a true duplicate copy is to be made of the damaged ballot
in the presence of representatives of each political paraty on the ballot and substituted for the
damaged ballot. All duplicate ballots are to be clearly labeled "duplicate" and are to bear a
serial number which is recorded on the damaged olr defective ballot and on the replacement
ballot. s
(e) The returns printed by the automatic taibulating equipment at the central counting
center, to which have been added wgrite-in and other valid votes, are, when certified by the
clerk of the county commission, to constitute the unofficial preliminary returns of the county.
Upon completion of the count, the returns are to be open to the public by posting a summary
of the returns as have been tabulated at the central counting center. Upon completion of the
canvass, the returns are to be posted as tabulated precinct by precinct.
(f) If for any reason it becomes impracticable to count all or a part of the ballots with
tabulating equipment, the county commission may direct that they be counted manually,
following as far as practicable the provisions governing the counting of paper ballots.
(g) As soon as possible after the completion of the count, the clerk of the county commission
shall have the vote-recording devices properly boxed or securely covered and removed to a
proper and secure place of storage.

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