West Virginia Code § 3-4A-33

Tampering with vote-recording devices, electronic poll books, ballot
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labels, ballot or ballot cards, program decks, standard validation test decks or other
automatic tabulating equipment; other dishonest practices; attempts; penalty.
(a) Any person not an election officer or other public official who shall tamper or attempt to
tamper with any vote-recording device, electronic poll book, ballot label, ballot or ballot
card, program deck, standard validation test deck or automatic tabulating eequipment or in
any way intentionally impair or attempt to impair their use and any person who shall be
guilty of or shall attempt any dishonest practice upon any such devicesr or equipment, or with
or by their use, shall be deemed guilty of a felony and, upon conviction thereof, shall be
confined in a correctional facility for not less than one year nor more than ten years or fined
not less than $5,000, or both.
(b) Any clerk of a county commission, county commissioner, ballot commissioner, election
commissioner, or poll clerk, or any custodian, technician or other public official authorized
to take part in the holding of an election or in preparing for an election, who, with intent to
cause or permit any vote-recording device, electronic poll book, program deck, standard
validation test deck or other automatic tabulasting equipment to fail to record, test or
tabulate correctly all votes cast thereon or tabulated therewith, tampers with or disarranges
such device in any way, or any part or appliance thereof, or who causes or consents to the
use of such device or equipment for vote recording, testing or tabulating at any election with
knowledge of the fact that the same is not in order, or not perfectly set and adjusted so that
it will correctly record, test ore tabulate all votes cast or who, with the purpose of defrauding
or deceiving any voter or of causing it to be doubtful for what ticket or candidate or
candidates or propositioLn any vote is cast, or of causing it to appear on said device or
devices that the votes cast for one ticket, candidate or proposition, were cast for another
ticket, candidate or p roposition, removes, changes or mutilates any ballot, ballot card or
ballot label on said device or any part thereof, or does any other thing intended to interfere
with the validity or accuracy of the election, shall be deemed guilty of a felony and, upon
conviction thereof, shall be confined in a correctional facility for not less than one year nor
more than ten years, or fined not less than $5,000 or both.

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