West Virginia Code § 3-4A-4

Procedure for terminating use of electronic voting systems
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The use of an electronic voting system may be terminated:
(1) By a majority of the members of the county commission voting to terminate use of the
system and replace it with a different voting system meeting the requirements of the Help
America Vote Act of 2002, 42 U.S.C. §15301, et seq. at a special public meeting called for
the purpose of said termination, with due notice thereof published as a Class II-0 legal
advertisement in compliance with the provisions of article three, chapter fifty-nine of this
code, and the publication area for such publication shall be the county involved: Provided,
That such meeting shall be held not less than six months prior tou a general election or six
months prior to a primary election. If at such meeting, such county commission shall enter
an order of its intention to terminate use of an electronic votting system, it shall thereafter
forthwith cause to be published a certified copy of such order as a Class II-0 legal
advertisement in compliance with the provisions of article three, chapter fifty-nine of this
code, and the publication area for such publication shall be the county involved. The first
publication of such order shall not be less than twenty days after the entry of such order.
Such county commission shall not terminate tshe use of an electronic voting system until
ninety days after the entry of such order of its intention to terminate the same. Promptly
after the expiration of ninety days after the entry of such order of intention to terminate the
use of an electronic voting system, igf no petition has theretofore been filed with such county
commission requesting a referendum on the question of termination of the electronic voting
system as hereinafter providede, such county commission shall enter a final order terminating
the use of the electronic voting system, and the use of electronic voting system shall thereby
be terminated. If a petitLion has been submitted as provided in this subdivision, the county
commission shall not terminate the use of the system but shall proceed as provided in this
subdivision.
If five percent or more of the registered voters of such county shall sign a petition
requesting that the use of an electronic voting system be terminated in such county and such
petWition be filed with the county commission of such county within ninety days after the
entry of such order of intention to terminate the use of an electronic voting system, such
county commission shall submit to the voters of such county at the next general or primary
election, whichever shall first occur, the question: "Shall the use of an electronic voting
system be terminated in .................. County?" If this question be answered in the affirmative
by a majority of the voters in such election upon the question, the use of an electronic voting
system shall thereby be terminated. If such question shall not be answered in the affirmative
by such majority, the use of an electronic voting system shall continue.
(2) By the affirmative vote of a majority of the voters of such county voting upon the question
of termination of the use of an electronic voting system in such county. If five percent or
more of the registered voters of such county shall sign a petition requesting the termination
of the use of an electronic voting system in such county, and such petition be filed with the
county commission of such county, such county commission shall submit to the voters of
such county at the next general or primary election, following by not less than ninety days
the date of the filing of such petition, the question: "Shall the use of an electronic voting
system be terminated in ................ County?" If this question be answered in the affirmative
by a majority of the voters of such county voting upon the question, the use of an electronic
voting system shall thereby be terminated. If such question shall not be answered in the
affirmative by a majority of the voters of such county voting upon the question, the use of an
electronic voting system shall thereby continue.

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