W. Va. Code R. § 153-20-4

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

Section 153-20-4 - Preparation

4.1. If a recount is requested, the governing body constituting the board of canvassers shall certify the results for all offices and issues not subject to the recount at the end of the forty-eight (48) hour period following the declaration.

4.2. The clerk of the county commission for recounts conducted by the county commission or the municipal clerk or recorder for recounts conducted by the municipal governing body, shall assist the board.

4.3. The officers having custody of the materials of the election shall bring before the board at the appropriate time the paper ballots, the electronically tabulated ballots and the record of the tally of votes for all election precincts.

4.4. For a recount conducted by the county commission , the canvass shall be held at the county courthouse or designated annex.

4.5. For a recount conducted by a municipal governing body, the recount shall be held at city hall.

4.6. Employees of the county commission or county clerk may assist or other persons may be employed to assist in the recount.

4.6.a. No candidate or member of his or her immediate family may assist in the recount.

4.6.b. No member of a governing board which requested a special issue election or any member of a board member's immediate family may assist in the recount.

4.6.c. No voter requesting the recount of a special issue election or member of his or her immediate family may assist in the recount.

4.6.d. All persons participating in the recount proceedings shall work in teams of two (2) persons of opposite political parties, shall be deputized in writing and shall take an oath that they will faithfully perform their duties.

4.6.e. All procedures shall be conducted under the supervision of a quorum of the board.

4.7. The board shall set the amount of bond for a recount "in a reasonable amount with good sufficient surety" but not to exceed three-hundred dollars ($300.00).The recount bond amount shall be determined during the canvass procedures before any recount request is received.

4.7.a. The bond may be a cash, personal property or other bond.

4.7.b. The costs of the recountshall be paid by the candidate or voter initiating the recount, so long as it continues at his or her request. However, if the outcome of the election is reversed at the conclusion of the recount, the canvassing board shall not assess costs to the candidate or voter requesting the recount.

4.7.c. If the initiating candidate pulls ahead during the recount and stops the recount, the responsibility for costs incurred after that time then shifts to the candidate requesting the continuation, but only if the outcome is not again reversed.

4.7.d. If a recount of a special issue requested by a voter reverses its outcome during the recount and the voter stops the recount, the responsibility for costs incurred after that time then shifts to the governing board requesting the continuation, but only if the outcome is not again reversed.

4.8. The board shall immediately schedule a date for the recount to begin and shall prepare the proper recount notices to be served on each of the other candidates in the elected office in which the recount has been requested or to the governing board that officially requested the special issue election in which the recount has been requested and at the door of the place where the recount is to be held.

W. Va. Code R. § 153-20-4