State Codes and Statutes

Statutes > West-virginia > 03 > 3-4-16

§3-4-16. Check of machines before use; corrections; reserve machines.
Before permitting the first voter to vote, the election officers shall examine the machine to ascertain whether it has been operated since the public counters referred to in subsection eleven of section eight of this article were set at zero (000) and to ascertain whether the ballot labels are arranged as specified on the facsimile diagram furnished to the precinct. If the machine indicates that it has been operated or if the ballot labels are arranged incorrectly, the officers shall not unlock the operating device or mechanism, but shall immediately secure the attendance of one or more members of the county court and one or more of the ballot commissioners, who shall reset the counters at zero (000) and then relock the device covering the counters, or properly arrange the ballot labels, as the case may be, in the presence of the election officers. If the attendance of such members of the county court and ballot commissioners cannot be obtained before the time for opening the polls or within one hour thereafter, the election officers shall notify the clerk of the county court of the foregoing facts and obtain from such clerk a reserve voting machine, and thereafter proceed to conduct the election. Any reserve machine so used shall be prepared for use by the clerk or his duly appointed deputy and said reserve machine shall be delivered and examined in the same manner as hereinbefore provided. The machine found to have been operated or provided with incorrect ballot labels shall be returned immediately to the custody of the clerk who shall then promptly cause such machine to be repaired in order that it may be used as a reserve machine if needed.

State Codes and Statutes

Statutes > West-virginia > 03 > 3-4-16

§3-4-16. Check of machines before use; corrections; reserve machines.
Before permitting the first voter to vote, the election officers shall examine the machine to ascertain whether it has been operated since the public counters referred to in subsection eleven of section eight of this article were set at zero (000) and to ascertain whether the ballot labels are arranged as specified on the facsimile diagram furnished to the precinct. If the machine indicates that it has been operated or if the ballot labels are arranged incorrectly, the officers shall not unlock the operating device or mechanism, but shall immediately secure the attendance of one or more members of the county court and one or more of the ballot commissioners, who shall reset the counters at zero (000) and then relock the device covering the counters, or properly arrange the ballot labels, as the case may be, in the presence of the election officers. If the attendance of such members of the county court and ballot commissioners cannot be obtained before the time for opening the polls or within one hour thereafter, the election officers shall notify the clerk of the county court of the foregoing facts and obtain from such clerk a reserve voting machine, and thereafter proceed to conduct the election. Any reserve machine so used shall be prepared for use by the clerk or his duly appointed deputy and said reserve machine shall be delivered and examined in the same manner as hereinbefore provided. The machine found to have been operated or provided with incorrect ballot labels shall be returned immediately to the custody of the clerk who shall then promptly cause such machine to be repaired in order that it may be used as a reserve machine if needed.


State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 03 > 3-4-16

§3-4-16. Check of machines before use; corrections; reserve machines.
Before permitting the first voter to vote, the election officers shall examine the machine to ascertain whether it has been operated since the public counters referred to in subsection eleven of section eight of this article were set at zero (000) and to ascertain whether the ballot labels are arranged as specified on the facsimile diagram furnished to the precinct. If the machine indicates that it has been operated or if the ballot labels are arranged incorrectly, the officers shall not unlock the operating device or mechanism, but shall immediately secure the attendance of one or more members of the county court and one or more of the ballot commissioners, who shall reset the counters at zero (000) and then relock the device covering the counters, or properly arrange the ballot labels, as the case may be, in the presence of the election officers. If the attendance of such members of the county court and ballot commissioners cannot be obtained before the time for opening the polls or within one hour thereafter, the election officers shall notify the clerk of the county court of the foregoing facts and obtain from such clerk a reserve voting machine, and thereafter proceed to conduct the election. Any reserve machine so used shall be prepared for use by the clerk or his duly appointed deputy and said reserve machine shall be delivered and examined in the same manner as hereinbefore provided. The machine found to have been operated or provided with incorrect ballot labels shall be returned immediately to the custody of the clerk who shall then promptly cause such machine to be repaired in order that it may be used as a reserve machine if needed.