W. Va. Code R. § 153-10-2

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-10-2 - Definitions

2.1. For the purposes of this rule:

2.1.1. "Approved" means authorization granted by die State Election Commission or the EAC.

2.1.2. "Clerk" means the Clerk of die County Commission or other official charged with die administration of elections.

2.1.3. "Election Assistance Commission" or "EAC" means die federal agency created by HAVA to provide programs for voting assistance to state and local governments.

2.1.4 "Election system" means any mechanical device, hardware, software, or combination thereof designed to work or operate in conjunction with 4., secure, maintain, or improve any part of the voting process or systems, including but not limited to accessible electronic voting systems and e-pollbooks.

2.1.5. "Electronic pollbook" or "e-pollbook" means an approved electronic device containing voter registration information for die purpose of facilitating voting at the precinct.

2.1.6. "Electronic voting system" means one or more approved accessible integrated devices that utilize an electronic component for the following functions: ballot presentation, vote capture, vote recording, or vote tabulation.

2.1.7. The "Tund" means the County Assistance Voting Equipment Fund bearing the designation "1615" by the State.

2.1.8. "Grant" means a sum of money authorized for disbursement by the State Election Commission to a county sub grantee from the Fund to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, such as electronic voting system upgrades, cybersecurity enhancements, physical security upgrades, and e-pollbooks.

2.1.9. "HAVA" means the Help America Vote Act, 52 U.S.c. § 20901, et seq.

2.1.10. "HAVA Grant Board" means a body authorized by W. Va. Code § 3-1-48 for the purpose of making recommendations to the State Election Commission to issue grants to West Virginia counties from the Fund consistent with this Rule. The HAVA Grant Board shall be comprised of members appointed by the Secretary from the following agencies and organizations:

2.1.10.a. The Director of the Elections Division of the Secretary of State's office who shall act as Chairperson of the Board;

2.1.10.b. A representative from a disability rights organization;

2.1.10.c. Two Clerks of opposite political parties from the West Virginia Association of County Clerks; and

2.1.10.d. A representative from the Governor's office.

2.1.11. "Loan" means a sum of money borrowed by a county from the Fund that is expected to be paid back to the State.

2.1.12. "Nonpayment of the loan installments" means a nonpayment of two consecutive monthly payments or nonpayment of an annual payment when over thirty days have passed beyond the scheduled payment date.

2.1.13. "Physical security" means equipment and techniques employed to securely administer a federal election, such as to protect hardware, software, networks and data from physical actions, tampering, and events that could cause loss or damage to election systems due to burglary, theft, vandalism, terrorism, fire, flood, or natural disaster. The term also includes the addition of necessary and reasonable resources and staff to protect the integrity of a federal election, such as unanticipated increases in election materials and supplies, cleaning or sanitization supplies, temporary staff, and other items or expenditures permitted by federal law.

2.1.14. "Program" means the county loan and grant programs created to facilitate the improvement of the administration of elections for federal offices, including programs to enhance election technology and make election security improvements, such as electronic voting system upgrades, cybersecurity enhancements, physical security upgrades, and e-pollbooks.

2.1.15. "Secretary" means the West Virginia Secretary of State.

W. Va. Code R. § 153-10-2