W. Va. Code R. § 153-38-8

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

Section 153-38-8 - Disposition and Counting of Early Voting by MaU BaUots

8.1. Upon receipt of an early voting by mail ballot, the clerk or clerk's designee shall mark the voter's record in the poll book indicating the voter has voted in the election. The ballot shall be sorted according to precinct and shall be placed in the ballot box designated for the precinct to be kept locked until ballots are counted after the polls close on Election Day.

8.2. In mimicipalities using paper ballots, all early voting by mail ballots shall be processed as follows:

8.2.a. The ballot boxes containing the eewly voting by mail ballots shall be opened in the presence of the clerk and two representatives of opposite political parties;

8.2.b. The ballots shall be separated by precincts as stated on the sealed envelopes containing the ballots; and

8.2.C. Early voting by mail ballots shall be delivered to the polls to be opened and counted in accordance with W.Va. Code §§ 3-1-33, 3-5-15, and 3-6-6. Disclosure of any results before the voting has been closed and the precinct returns posted on the door of the polling place shall be a. per se violation of the oath taken by the counting board.

8.3. In municipalities using optical scan systems, the early voting by mail ballots shall be processed as follows:

8.3.a. On election day, the ballot boxes containing the early voting by mail ballots shall be delivered to the central counting center and opened in the presence of the clerk and two representatives of opposite political parties; and

8.3.b. The early voting by mail ballots shall be counted in accordance with W.Va. Code § 3-4A-27.

8.4. In municipalities using direct recording elections systems, the early voting by mail ballots shall be counted as follows:

8.4.a. On election day, the ballot boxes containing the paper early voting by mail ballots shall be delivered to the central counting center and opened in the presence of the clerk and two representatives of opposite political parties; and

8.4.b. Each early voting by mail ballot shall be recorded on a direct recording voting terminal designated by the clerk as the terminal for early voting by mail tabulations, after being read aloud by a separate team of two representatives of opposite political parties;

8.4.C. The ballot shall be verified by both teams as being accurately printed on the paper receipt before the ballot is tabulated; and

8.4.d. The procedures set out in W.Va. Code § 3-4A-27(a), (b), (d), and (e) and W.Va. Code § 3-4A-27(c)(3-6) shall be followed.

8.5. The provisional ballots shall be deposited in a provisional ballot envelope and delivered to the board of canvassers.

8.6. Any election official who determines a person has voted an early voting by mail ballot and has also voted at the polls on election day must report the fact to the prosecuting attorney of the county in which the votes were cast.

W. Va. Code R. § 153-38-8