W. Va. Code R. § 153-55-5

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

Section 153-55-5 - Physical Security Requirements

5.1. Voting equipment, including ballot marking devices, tabulators, and computers running election management system software, shall be:

5.1.1. Located in a room containing no other equipment or supplies or otherwise physically segregated by walls or fences that prevent unauthorized access to the equipment, which room is located inside an access-controlled secure location and accessible only by the county clerk and individuals granted access by the county clerk whose names appear on the roster required by subsection 4.3. The room shall have a sign-in sheet located in the interior of the room that shall be completed by each individual who enters the room on every occasion, which sheet shall include the individual's name, date, time of entry and departure from the room, and the reason for accessing the room.

5.1.2. Monitored 24/7 in one or more of the following manners:

(1) closed-circuit surveillance cameras that store video files for a minimum of 60 days;

(2) security personnel or guards;

(3) security alarm; or

(4) electronic or restricted access locking mechanisms that digitally log all physical entries into all necessary access points.

5.1.3. Equipped with emergency management devices such as a fire suppression system and flood detection device.

5.2. County clerks shall maintain a log of the chain of custody of all voting equipment each time the equipment is removed from its secure location, which shall contain, at a minimum, the individual(s) name, date, purpose for removing the equipment, full list of the equipment removed, the time that custody of the equipment was taken and returned, location of return, and the identity of the individual to whom custody was transferred by another individual or attestation that it was returned to the secure location.

5.3. County clerks shall maintain a log of all individuals, including authorized staff and vendors, who turn on or use a computer running election management system software, which log shall include the individual(s) name, date, purpose for accessing the computer, and the time of use.

5.4. After discovery of any unauthorized access or attempts to gain access to any voting equipment, the secure location where voting equipment is stored, or any county clerk facilities, the county clerk shall notify the Secretary of State's Chief Information Officer, Elections Director, Chief of Staff, or General Counsel within 24 hours.

W. Va. Code R. § 153-55-5