West Virginia Code § 3-9-1

False or fraudulent returns; tampering with, destroying or misdelivering
Open in Lexace · Ask the AI about this section
ballots, records, etc.; forgeries; aiding, etc., in offense; penalties.
Every person named and identified in this section, who shall violate any of the provisions of
the election laws as herein specified, shall be deemed guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment in a state correctional facility for not less than
one nor more than ten years: e
(a) Any commissioner of election or poll clerk who shall knowingly make or cause to be
made, or conspire with others to make, a false return of the result of the votes cast for any
candidate at any precinct in an election held pursuant to law; oru
(b) Any commissioner of election receiving the ballot of a voter to be deposited in the ballot
box at any election precinct, who shall put another ballot in the box instead of the one
received by him; or
(c) Any commissioner of election or poll clerk, whol knowingly shall count and string a ballot
not taken from the ballot box, in lieu of one tasken, or which should have been taken from
such ballot box; or
(d) Any commissioner of a county court, whether acting as such or ex officio as a member of
a board of canvassers or otherwise, clerk of a county court, or other person, who shall,
except as authorized by law, abstract any ballot from any package of ballots voted, sealed or
returned from any election precinct, either before or after they are filed with the clerk of the
county court, or who shall in any manner change any such ballot from what it was when
voted by the voter, or who shall put another ballot in such package in the place of the one so
abstracted therefrom; or
(e) Any commVissioner of a county court, whether acting as such commissioner or ex officio as
a member of a board of canvassers, or otherwise, who shall knowingly make and enter of
record, or in any way aid, counsel, or advise the same to be done, or permit the same to be
done without objection on his part, any false or fraudulent statement of the result of any
election held within the county; or
(f) Any person who shall falsely make, or fraudulently deface, or fraudulently destroy, any
certificate of nomination, or any part thereof, or file any certificate of nomination, knowing
the same, or any part thereof, to be falsely made, or suppress any certificate of nomination
which has been duly filed, or any part thereof; or erase, deface, or change in any manner,
any election record, or any ballot, poll book, tally sheet or certificate of election, deposited
with either of the clerks of the county or circuit courts; or conspire with another to do any of
said acts; or induce or attempt to induce any other persons to do any of said acts; or
(g) Any person who shall aid, assist, counsel or advise in the commission of any of the
offenses above specified, whether or not said acts, or any of them be committed or
attempted to be committed; or
(h) Any person, who, without the assent of another, shall sign the name of such other person
to any certificate, affidavit, ballot, report, statement or writing, required under any provision
of this chapter, with intent to mislead and deceive; or who shall use or employ any
certificate, affidavit, ballot, report, statement or writing to which the name of a person has
been signed without the authority of such person, knowing that such name has been so
signed with intent to mislead or deceive; or
(i) Any clerk of a court, poll clerk, member of the board of ballot commissioners,
commissioner of election, or messenger intrusted with the custody of thre ballots, who shall
open unlawfully any of the packages in which the ballots are contained, or permit any of
them to be opened, or destroy any of such ballots, or permit them to be destroyed, or give, or
deliver any such packages or ballots to any person not lawfully entitled to receive them, as in
this chapter provided, or conspire to procure, or in any way taid, abet, or connive at any
robbery, loss or unlawful destruction of any such ballots or packages; or
(j) Any person not duly authorized by law who shall, during the progress of any election in
this state, or after the closing of the polls and before the ballots are counted and the results
ascertained, or within twelve months thereaftser, open without breaking, or break open or
violate, the seals or locks of any ballot box, paper, envelope or bag, in which ballots have
been deposited at or after such election, or who shall obtain possession of such ballot box,
paper, envelope or bag containing sguch ballots, and cancel, withhold, or destroy such ballots,
or who shall fraudulently or forcibly add to or diminish the number of ballots legally
deposited therein, or who shalel fraudulently make any erasure or alteration of any kind, upon
any tally sheet, poll book, list of voters, or election returns, deposited therein; or
(k) Any person who knowingly, willfully and without authorization from the Secretary of
State, a county clerk or municipal clerk directly or indirectly, tampers with, deletes, alters,
damages or destroys or attempts to tamper with, delete, alter, damage or destroy any
computer or computer network that contains voter registration files, records or data or who
knowingly introduces, directly or indirectly, a computer contaminant into any computer,
comWputer program or computer network that contains voter registration files, records or
data; or
(l) Any person who knowingly, directly or indirectly, accesses, attempts to access, or causes
to be accessed any voter registration files, records or data stored on or in a computer owned
by the Secretary of State, a county commission or municipality, without authorization; or
(m) Any person employed by the Secretary of State, a county commission or a municipality
who knowingly, directly or indirectly accesses, attempts to access or causes to be accessed
any voter registration files, records or data stored on or in a computer in an unauthorized
manner, in excess of his or her authorization or for unauthorized use or purpose.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.