W. Va. Code R. § 153-27-2

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

Section 153-27-2 - Definitions

2.1. "Attempted write-in vote" means any mark in a write-in voting position on a ballot or any writing, stamping or attaching by sticker of a name in the position provided for write-in votes to be entered for the voting system.

2.2. "Central counting center" means the room in the county courthouse where the ballot boxes are opened and the ballots processed and tabulated on election night.

2.3. "Inspection team" or "ballot box team" means two persons, one from each major political party, appointed and deputized according to § 3-4A-27 by the clerk of the county commission for the purpose of opening ballot boxes and verifying the statement of ballots used.

2.4. "Official write-in candidate" means one who has filed a write-in candidate's certificate of announcement and has been certified according to the provisions of W. Va. Code § 3-6-4a.

2.5. "Overvote" means a combination of votes for an office which results in the voter casting more votes for that office than there are persons to be elected. For example, a person who marks one party nominee and also casts an attempted write-in vote for the same office and only one person is to be elected has "overvoted," whether or not the write-in vote can be counted.

2.6. The "proper location for entering a write-in vote" shall mean:

2.6.1. for optical scan systems, on or near the blank line labeled "WRITE-IN, IF ANY" positioned under the office for which the vote is cast.

2.7. "Resolution team" means two persons, one from each major political party, appointed and deputized according to W. Va. Code § 3-4A-27 by the clerk of the county commission of a county using an optical scan voting system, for the purpose of examining ballots isolated by the tabulator because of damages, flaws, unreadable marks, or other defects, and determining whether the ballot must be duplicated or hand counted in order to tabulate the ballot accurately.

2.8. "Valid write-in vote" means a vote cast for an official write-in candidate by permitted means which includes the following elements:

2.8.1. a mark in the voting position specified for write-in votes for the office; and

2.8.2. an entry of the name of the official write-in candidate in the proper location, which shall include the first name, or last name, or both first and last names in such a way that the intention of the voter can be determined;

2.9. "Write-in counting team" or "counting team" for optical scan systems means two persons, one from each major political party, appointed and deputized according to W. Va. § 3-4A-27 by the clerk of the county commission for the purpose of examining ballots containing attempted write-in votes, determining which of those votes are valid write-in votes, and determining whether the ballot must be temporarily altered or duplicated in order to tabulate the remaining offices accurately.

2.10. "Write-in counting team" or "counting team" means two persons, one from each major political party, appointed and deputized according to W. Va. Code § 3-4A-27 by the clerk of the county commission for the purpose of examining ballots containing attempted write-in votes, determining which of those votes are valid write-in votes, and determining whether the ballot must be duplicated or hand counted in order to tabulate the remaining offices accurately.

W. Va. Code R. § 153-27-2