State Codes and Statutes

Statutes > West-virginia > 03 > 3-4-24

§3-4-24. Closing polls; counting and reporting returns; duties and procedures.
(a) As soon as the polls are closed, and the last voter has voted, the election officers shall first process the absentee ballots according to the provisions of section eight, article three of this chapter. After the absentee ballots to be counted have been entered on the voting machine, the election officers shall immediately lock and seal the operating lever or mechanism of the machine so that the voting and counting mechanism will be prevented from operation, and shall then compare the number of voters, as shown by the public counter of the machine, with the number of those who have voted, as shown by the protective or accumulative counter or device. The election officers of each precinct shall then sign a certificate stating: (1) That the machine has been locked against voting and sealed; (2) the number of voters, as shown by the public counters; (3) the number registered on the protective or accumulative counter or device, if any; and (4) the number or other designation of the voting machine; and such certificate shall be returned by the precinct election officers to the ballot commissioners.

(b) Before proceeding, the election officers shall admit the following persons who may witness and check the recording of the votes shown on the counters:

(1) Any candidate, or any one person representing a candidate who presents a written authorization signed by the candidate for the purpose;

(2) Any one person representing a registered political committee formed for the purpose of advocating or opposing an issue on the ballot who presents a written authorization signed by the committee treasurer; and

(3) Any one member of the county executive committee of an established political party.

(c) The election officers shall then make visible the registering counters, and for that purpose shall unlock and open the doors or other covering concealing the same, giving full view to all witnesses of all the counter numbers.

(1) The election officers shall, under the scrutiny of such representatives, if any, and in the order of the offices as their titles are arranged on the machine, read and announce, in distinct tones, the results as shown by the counter numbers for each candidate and for and against each question voted on. The counters shall not be read consecutively along the party rows or columns but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next.

(2) The election officers shall also open the doors covering the paper roll and shall proceed to read and record the votes entered thereon for any official write-in candidate for election to the office represented by the position on the paper roll, except delegate to national convention. Official write-in candidates are those who have filed a write-in candidate's certificate of announcement and have been certified according to the provisions of section four-a, article six of this chapter. Write-in votes for nomination to any office or for any person other than an official write-in candidate shall be disregarded.

(3) The vote as registered shall be entered by the election officers, in ink, on triplicate return sheets, and also on a general return sheet and statement, all of which, after the count is completed, shall be signed by the election officers. The total vote cast for each candidate, and for and against each question, shall then be computed and entered on the general and triplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of voters who have voted, as shown by the poll books, and the number who have voted on each machine, as shown by the public counters, and also the number registered on the protective counter on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine. The number or other designation of each machine used shall also be entered thereon. In the case of primary elections, triplicate return sheets shall be prepared for each party. The registering counters of the voting machine shall remain exposed to view until the returns and all other reports have been fully completed.

(d) The proclamation of the results of the votes cast shall be announced distinctly and audibly by one of the election officers, who shall read the name of and votes cast for each candidate, and the votes cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine, and any necessary corrections shall then and there be made by election officers, after which the doors or other cover of the voting machine shall be closed and locked and the return sheets shall be signed by each of the election officers. If any election officer shall decline to sign such return, he or she shall state the reason in writing, and enclose the statement with the return. Each of the return sheets shall be enclosed in a separate envelope, which shall be securely sealed, and each of the election officers shall write his or her name across the fold of the envelope. One of the sealed envelopes containing the returns shall be delivered to the clerk of the circuit court and two shall be delivered to the clerk of the county commission who shall within forty-eight hours mail one of the sealed returns for each precinct by certified mail to the secretary of state. The general return sheet and statement shall be directed and immediately delivered to the clerk of the county commission. The envelope shall have endorsed thereon a certificate of the election officers, stating the number of the machine, the precinct where it has been used, the number of the seal and the number registered on the protective counter at the close of the polls.

(e) As soon as possible after the completion of the count, the election officers shall return to the county commission and the ballot commissioners the keys to the voting machine received and receipted for by them, and the clerk of the county commission shall have the voting machine properly boxed or securely covered and removed from the polling place to a proper and secure place of storage.

State Codes and Statutes

Statutes > West-virginia > 03 > 3-4-24

§3-4-24. Closing polls; counting and reporting returns; duties and procedures.
(a) As soon as the polls are closed, and the last voter has voted, the election officers shall first process the absentee ballots according to the provisions of section eight, article three of this chapter. After the absentee ballots to be counted have been entered on the voting machine, the election officers shall immediately lock and seal the operating lever or mechanism of the machine so that the voting and counting mechanism will be prevented from operation, and shall then compare the number of voters, as shown by the public counter of the machine, with the number of those who have voted, as shown by the protective or accumulative counter or device. The election officers of each precinct shall then sign a certificate stating: (1) That the machine has been locked against voting and sealed; (2) the number of voters, as shown by the public counters; (3) the number registered on the protective or accumulative counter or device, if any; and (4) the number or other designation of the voting machine; and such certificate shall be returned by the precinct election officers to the ballot commissioners.

(b) Before proceeding, the election officers shall admit the following persons who may witness and check the recording of the votes shown on the counters:

(1) Any candidate, or any one person representing a candidate who presents a written authorization signed by the candidate for the purpose;

(2) Any one person representing a registered political committee formed for the purpose of advocating or opposing an issue on the ballot who presents a written authorization signed by the committee treasurer; and

(3) Any one member of the county executive committee of an established political party.

(c) The election officers shall then make visible the registering counters, and for that purpose shall unlock and open the doors or other covering concealing the same, giving full view to all witnesses of all the counter numbers.

(1) The election officers shall, under the scrutiny of such representatives, if any, and in the order of the offices as their titles are arranged on the machine, read and announce, in distinct tones, the results as shown by the counter numbers for each candidate and for and against each question voted on. The counters shall not be read consecutively along the party rows or columns but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next.

(2) The election officers shall also open the doors covering the paper roll and shall proceed to read and record the votes entered thereon for any official write-in candidate for election to the office represented by the position on the paper roll, except delegate to national convention. Official write-in candidates are those who have filed a write-in candidate's certificate of announcement and have been certified according to the provisions of section four-a, article six of this chapter. Write-in votes for nomination to any office or for any person other than an official write-in candidate shall be disregarded.

(3) The vote as registered shall be entered by the election officers, in ink, on triplicate return sheets, and also on a general return sheet and statement, all of which, after the count is completed, shall be signed by the election officers. The total vote cast for each candidate, and for and against each question, shall then be computed and entered on the general and triplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of voters who have voted, as shown by the poll books, and the number who have voted on each machine, as shown by the public counters, and also the number registered on the protective counter on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine. The number or other designation of each machine used shall also be entered thereon. In the case of primary elections, triplicate return sheets shall be prepared for each party. The registering counters of the voting machine shall remain exposed to view until the returns and all other reports have been fully completed.

(d) The proclamation of the results of the votes cast shall be announced distinctly and audibly by one of the election officers, who shall read the name of and votes cast for each candidate, and the votes cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine, and any necessary corrections shall then and there be made by election officers, after which the doors or other cover of the voting machine shall be closed and locked and the return sheets shall be signed by each of the election officers. If any election officer shall decline to sign such return, he or she shall state the reason in writing, and enclose the statement with the return. Each of the return sheets shall be enclosed in a separate envelope, which shall be securely sealed, and each of the election officers shall write his or her name across the fold of the envelope. One of the sealed envelopes containing the returns shall be delivered to the clerk of the circuit court and two shall be delivered to the clerk of the county commission who shall within forty-eight hours mail one of the sealed returns for each precinct by certified mail to the secretary of state. The general return sheet and statement shall be directed and immediately delivered to the clerk of the county commission. The envelope shall have endorsed thereon a certificate of the election officers, stating the number of the machine, the precinct where it has been used, the number of the seal and the number registered on the protective counter at the close of the polls.

(e) As soon as possible after the completion of the count, the election officers shall return to the county commission and the ballot commissioners the keys to the voting machine received and receipted for by them, and the clerk of the county commission shall have the voting machine properly boxed or securely covered and removed from the polling place to a proper and secure place of storage.


State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 03 > 3-4-24

§3-4-24. Closing polls; counting and reporting returns; duties and procedures.
(a) As soon as the polls are closed, and the last voter has voted, the election officers shall first process the absentee ballots according to the provisions of section eight, article three of this chapter. After the absentee ballots to be counted have been entered on the voting machine, the election officers shall immediately lock and seal the operating lever or mechanism of the machine so that the voting and counting mechanism will be prevented from operation, and shall then compare the number of voters, as shown by the public counter of the machine, with the number of those who have voted, as shown by the protective or accumulative counter or device. The election officers of each precinct shall then sign a certificate stating: (1) That the machine has been locked against voting and sealed; (2) the number of voters, as shown by the public counters; (3) the number registered on the protective or accumulative counter or device, if any; and (4) the number or other designation of the voting machine; and such certificate shall be returned by the precinct election officers to the ballot commissioners.

(b) Before proceeding, the election officers shall admit the following persons who may witness and check the recording of the votes shown on the counters:

(1) Any candidate, or any one person representing a candidate who presents a written authorization signed by the candidate for the purpose;

(2) Any one person representing a registered political committee formed for the purpose of advocating or opposing an issue on the ballot who presents a written authorization signed by the committee treasurer; and

(3) Any one member of the county executive committee of an established political party.

(c) The election officers shall then make visible the registering counters, and for that purpose shall unlock and open the doors or other covering concealing the same, giving full view to all witnesses of all the counter numbers.

(1) The election officers shall, under the scrutiny of such representatives, if any, and in the order of the offices as their titles are arranged on the machine, read and announce, in distinct tones, the results as shown by the counter numbers for each candidate and for and against each question voted on. The counters shall not be read consecutively along the party rows or columns but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next.

(2) The election officers shall also open the doors covering the paper roll and shall proceed to read and record the votes entered thereon for any official write-in candidate for election to the office represented by the position on the paper roll, except delegate to national convention. Official write-in candidates are those who have filed a write-in candidate's certificate of announcement and have been certified according to the provisions of section four-a, article six of this chapter. Write-in votes for nomination to any office or for any person other than an official write-in candidate shall be disregarded.

(3) The vote as registered shall be entered by the election officers, in ink, on triplicate return sheets, and also on a general return sheet and statement, all of which, after the count is completed, shall be signed by the election officers. The total vote cast for each candidate, and for and against each question, shall then be computed and entered on the general and triplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of voters who have voted, as shown by the poll books, and the number who have voted on each machine, as shown by the public counters, and also the number registered on the protective counter on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine. The number or other designation of each machine used shall also be entered thereon. In the case of primary elections, triplicate return sheets shall be prepared for each party. The registering counters of the voting machine shall remain exposed to view until the returns and all other reports have been fully completed.

(d) The proclamation of the results of the votes cast shall be announced distinctly and audibly by one of the election officers, who shall read the name of and votes cast for each candidate, and the votes cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine, and any necessary corrections shall then and there be made by election officers, after which the doors or other cover of the voting machine shall be closed and locked and the return sheets shall be signed by each of the election officers. If any election officer shall decline to sign such return, he or she shall state the reason in writing, and enclose the statement with the return. Each of the return sheets shall be enclosed in a separate envelope, which shall be securely sealed, and each of the election officers shall write his or her name across the fold of the envelope. One of the sealed envelopes containing the returns shall be delivered to the clerk of the circuit court and two shall be delivered to the clerk of the county commission who shall within forty-eight hours mail one of the sealed returns for each precinct by certified mail to the secretary of state. The general return sheet and statement shall be directed and immediately delivered to the clerk of the county commission. The envelope shall have endorsed thereon a certificate of the election officers, stating the number of the machine, the precinct where it has been used, the number of the seal and the number registered on the protective counter at the close of the polls.

(e) As soon as possible after the completion of the count, the election officers shall return to the county commission and the ballot commissioners the keys to the voting machine received and receipted for by them, and the clerk of the county commission shall have the voting machine properly boxed or securely covered and removed from the polling place to a proper and secure place of storage.