W. Va. Code R. § 153-55-7

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

Section 153-55-7 - County Commission Application for Secretary of State Compliance Review to Authorize Transfer of Election Funds to County General Fund

7.1. Pursuant to W. Va. Code § 11-22-2(b)(4), the County Commission must apply to the Secretary of State for a determination that the county has permission to transfer any funds in excess of the minimum reserve funding from the county election fund. An application is required for each desired transfer.

7.2. The application shall be in writing to the Secretary of State, and include the following information:

7.2.1. The name of the county;

7.2.2. The account balance of the county election fund and sufficient documentation in the form of a bank statement or the equivalent from a financial institution that was issued no more than 60 days prior to the date of the application submission;

7.2.3. The current number of county precincts;

7.2.4. The amount of the requested transfer from the county election fund; and

7.2.5. An attestation that the county has satisfied the minimum cyber and physical security requirements set forth in sections 4 and 5 of this Rule, as well as sufficient documentation and relevant materials including but not limited to documentation of physical security protections, current contracts with cyber and physical security providers, and a copy of the IRP.

7.3. Upon receipt of an application, the Secretary of State shall make a written determination within 10 business days, which shall include the grounds upon which any rejection is based.

7.4. The county commission may seek reconsideration if an application is rejected by submitting its request in writing to the Secretary of State within 30 days of receipt of the initial determination, along with any additional or new information that supports the county commission's request.

7.5. The Secretary of State shall issue a final written determination on reconsideration within 10 days following receipt of the application.

W. Va. Code R. § 153-55-7