West Virginia Code § 5-2-3

Retention and preservation of records of the secretary of state; destruction
Open in Lexace · Ask the AI about this section
of records.
(a) The Secretary of State shall provide for the storage and retention of those essential
records, as defined in section four, article eight, chapter five-a of this code, filed in the office
of the Secretary of State for the period specified by law or legislative rule. The Secretary of
State shall propose rules for legislative approval in accordance with the proevisions of article
three, chapter twenty-nine-a of this code identifying the essential records and providing for
the minimum retention period. r
(b) Where a preservation duplicate, as defined in section three, aurticle eight, chapter five-a
of this code, is made of a record filed with the Secretary of State by photography,
microphotography, digital imaging or other electronic meants which accurately reproduces
and preserves the record on microfilm, microfiche, optical disks or other unalterable
electronic storage medium which complies with national standards or nationally accepted
practice for permanent archival storage, the Secretary of State may provide for the
destruction of the original paper copy when the following conditions are met:
(1) The preservation duplicate has been created, reviewed for quality, indexed in a
reasonable manner as provided by the Secretary of State and determined to be accessible by
means of the index; g
(2) An additional archive copy of the preservation duplicate has been created and stored in a
fireproof, secure storage location; and
(3) The original paper copy has been preserved for at least three months following the
creation of the preservation duplicate.
(c) The originVal copies of the papers of the Governor, including executive orders,
proclamations, appointments, pardons and other documents signed by the Governor, shall be
retained permanently, regardless of whether a preservation duplicate has been created.
(d) The Secretary of State shall have authority to determine the retention period for
nonessential records.
(e) The Secretary of State may, upon mutual agreement with the director of the division of
archives and history, transfer to the division of archives and history those records of the
Secretary of State as may be identified as having primarily historic value in order to make
those records more available for purposes of research.
(f) Following the expiration of the required retention period, the destruction of confidential
original records shall be conducted in a manner designed to protect the secrecy of those
records.
(g) Nothing in this section shall be deemed to require the Secretary of State to destroy
original records immediately upon the expiration of the retention period.

‹ 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.