W. Va. Code R. § 153-13-6

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

Section 153-13-6 - Security

6.1. Security of both used and unused ballots, any voting equipment and supplies and all poll books must be maintained in the same manner as at the primary early voting location according to provisions of W. Va. Code §§ 3-1-1et seq., 3-3-2a(d)(2) and 3-3-3.

6.2. The official in charge of conducting early voting must provide a means by which the ballot boxes, supplies and voting equipment are secured from tampering. Ballot boxes, supplies and machines, during periods when voting is not taking place, must be locked and secured in such a way so that no person other than the officials or employees of the official designated to conduct early voting or members of the board of ballot commissioners may enter the area or room set aside for voting or access the voting equipment.

6.3. At the end of voting hours each day during early voting, the two (2) community voting location employees will record the number of the last ballot used and will record the number of votes recorded on voting equipment.

6.3.1. In counties using Direct Recording Electronic (DRE) voting system, the Personalized Electronic Ballots (PEB) shall be secured in a receptacle and sealed with a numbered seal. The seal number is to be recorded with the record of the public count from the machine.

6.3.2. In counties using ExpressVote voting system, the unused ballots shall be secured in a receptacle and sealed with two (2) locks with different keys, a numbered seal or security tape.

6.3.2.a. If locks are used, each community voting location employee shall keep one (1) key for one (1) lock so that the box cannot be open without both employees present.

6.3.2.b. If a numbered seal is used, the seal number is to be recorded with the record of the public count from the precinct scanner. If security tape is used, two (2) community voting location employees shall sign their names across the tape.

6.4. At the beginning of voting hours the next day, the two community voting location employees will record the number of the next ballot available and will check the number of votes recorded on the voting equipment. The seal(s) or security tape shall be inspected to assure there has been no tampering. Then the seal(s) shall be broken and the materials removed for voting. Any discrepancy must be immediately reported to the Clerk and no voting may take place at the community voting location until the discrepancy is resolved.

6.5. Ballot boxes and machines may not be removed from the community voting location except under the supervision of the officials or employees of the official designated to conduct early voting.

W. Va. Code R. § 153-13-6