West Virginia Code § 3-4A-28

Post-election custody and inspection of vote-recording devices and
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electronic poll books; canvass and recounts.
(a) The vote-recording devices, electronic poll books, tabulating programs and standard
validation test ballots are to remain sealed during the canvass of the returns of the election,
except that the equipment may be opened for the canvass and must be resealed immediately
thereafter. During the seven-day period after the completion of the canvass,e any candidate
or the local chair of a political party may be permitted to examine any of the sealed
materials: Provided, That a notice of the time and place of the examinartion shall be posted at
the central counting center before and on the hour of nine o'clock in the morning on the day
the examination is to occur and all persons entitled to be present at the central counting
center may, at their option, be present. Upon completion of the canvass and after the seven-
day period has expired, the vote-recording devices, test resutlts and standard validation test
ballots are to be sealed for one year: Provided, however, That the vote-recording devices,
electronic poll books and all tabulating equipment may be released for use in any other
lawful election to be held more than ten days after the canvass is completed and any of the
electronic voting equipment or electronic poll books discussed in this section may be
released for inspection or review by a request of a circuit court or the Supreme Court of
Appeals.
(b) In canvassing the returns of the gelection, the board of canvassers shall examine, as
required by subsection (d) of this section, all of the vote-recording devices, electronic poll
books, the automatic tabulatineg equipment used in the election and those voter-verified
paper ballots generated by direct recording electronic vote machines, shall determine the
number of votes cast forL each candidate and for and against each question and, by this
examination, shall procure the correct returns and ascertain the true results of the election.
Any candidate or his or her party representative may be present at the examination.
(c) If any qualified individual demands a recount of the votes cast at an election, the voter-
verified paper ballot shall be used according to the same rules that are used in the original
voteW count pursuant to section twenty-seven of this article. For purposes of this subsection,
"qualified individual" means a person who is a candidate for office on the ballot or a voter
affected by an issue, other than an individual's candidacy, on the ballot.
(d) During the canvass, at least three percent of the precincts are to be chosen at random
and the voter-verified paper ballots are to be counted manually. Whenever the vote total
obtained from the manual count of the voter-verified paper ballots for all votes cast in a
randomly selected precinct:
(1) Differs by more than one percent from the automated vote tabulation equipment; or
(2) Results in a different prevailing candidate or outcome, either passage or defeat, of one or
more ballot issues in the randomly selected precincts for any contest or ballot issue, then the
discrepancies shall immediately be disclosed to the public and all of the voter-verified paper
ballots shall be manually counted. In every case where there is a difference between the vote
totals obtained from the automated vote tabulation equipment and the corresponding vote
totals obtained from the manual count of the voter-verified paper ballots, the manual count
of the voter-verified paper ballots is the vote of record.

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