W. Va. Code R. § 153-10-4

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-10-4 - Eligibility for Loan Funding for Voting Systems, Software, and Services

4.1. Any county commission requesting a loan from the Fund shall file an application with the Secretary.

4.2. The application shall be on a form provided by the Secretary and shall contain the following information:

4.2.1. The name of the county;

4.2.2. The amount of loan money requested;

4.2.3. The proposed use of funds, including type of equipment, software, and services to be purchased and the quantity thereof, if applicable;

4.2.4. A statement that the county has obtained at least 50% of the cost of the equipment, software, and services;

4.2.5. The date of the application;

4.2.6. The signatures of a majority of the county's commissioners and the Clerk; and

4.2.7. Other information required by the Secretary.

4.3. In addition to the application, the county commission shall provide to the Secretary a copy of the resolution passed by the county commission authorizing the county to purchase or lease the voting equipment, software, and services and to enter into the loan agreement.

4.4. A county commission must obtain at least 50% of the cost of the equipment, software, and services and may only obtain a loan from the Fund for up to 50% of such cost.

4.5. The State Election Commission may waive a portion or all of the 50% matching funds if the county commission demonstrates to the satisfaction of the State Election Commission that the county commission has exercised due diligence to raise the matching funds; that it is unable to obtain the matching funds; and that it has the ability to pay the installments on the loan when due.

4.6. A county commission may request a waiver of the matching funds by filing an application with the State Election Commission.

4.7. Loans may be approved by the State Election Commission only for the purpose of improving the administration of elections for federal office by enhancing election technology and security, including but not limited to the purchase of election systems, election system upgrades, electronic voting systems, or physical security. Purchased systems must be certified or otherwise approved by the State Election Commission when required, by the county pursuant to a lawful local procurement procedure.

W. Va. Code R. § 153-10-4