State Codes and Statutes
Statutes > West-virginia > 03 > 3-4-26§3-4-26. Post-election custody and inspection of machines; canvass and recounts.
(1) The voting machines shall remain locked against voting during the canvass of the returns of the election and for a period of seven days after the canvass is finally concluded, during which time any candidate or the chairman of any county executive committee of any political party or their appointed representatives shall be permitted to examine the voting machines under the supervision of the county commission for the purpose of determining the number of votes cast for any candidate or for and against any question. After the expiration of the seven-day period as herein provided, the voting machines may be unlocked by the clerk of the county commission and the registering counters reset at zero (000) unless the board of canvassers or a court of competent jurisdiction by appropriate court order directs otherwise.
(2) During the period when such machine is required to be kept locked, the keys thereto shall remain in the possession of the county commission. After such period, it shall be the duty of the county commission to return such keys to the clerk of the county commission.
(3) In canvassing the returns of the election, the board of canvassers shall examine all of the voting machines used in such election and shall determine the number of votes cast for each candidate and for and against each question and by such examination shall procure the correct returns and ascertain the true results of the election. Any candidate or his party representative may be present at such examination.
(4) If any candidate shall demand a recount of the votes cast at an election, the voting machines shall not be reexamined during such recount for the purpose of reascertaining the total number of votes registered on the voting machines for any candidate.
The provisions of section nine, article six of this chapter shall apply where a recount is demanded.
