reglab/housing_qa huggingface dataset:
WV Code § 3-3-9 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3. Voting by Absentees|§3-3-9. Voting in Person After Having Received and After Having Voted an Absent Voter's Ballot

(a) Any person who has applied for and received an absent voter's ballot but has not voted and returned the same to the official designated to supervise and conduct absentee voting may vote in person at the polls on election day provided he or she returns the absent voter's ballot to the election commissioners at the polling place. Upon return of the absent voter's ballot the election commissioners shall destroy the ballot in the presence of the voter, and one of the poll clerks shall make a notation of this fact as directed by instructions issued by the Secretary of State. In the event the person does not return the absent voter's ballot, he or she will have his or her vote challenged by one or more of the election commissioners or poll clerks.(b) No person who has voted an absent voter's ballot may vote in person on the day of the election.
WV Code § 3-3-11 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3. Voting by Absentees|§3-3-11. Preparation, Number and Handling of Absent Voters' Ballots

(a) Absent voters' ballots are to be in all respects like other ballots. Not less than seventy days before the date on which any primary, general or special election is to be held, unless a lesser number of days is provided in any specific election law in which case the lesser number of days applies, the clerks of the county commissions of the several counties shall estimate and determine the number of absent voters' ballots of all kinds which will be required in their respective counties for that election. The ballots for the election of all officers, or the ratification, acceptance or rejection of any measure, proposition or other public question to be voted on by the voters, are to be prepared and printed under the direction of the board of ballot commissioners constituted as provided in article one of this chapter. The several county boards of ballot commissioners shall prepare and have printed, in the number they may determine, absent voters' ballots that are to be printed under their directions as provided in this chapter and those ballots are to be delivered to the clerk of the county commission of the county not less than forty-six days before the day of the election at which they are to be used.(b) The official designated to supervise and conduct absentee voting shall be responsible for the mailing, transmitting, receiving, delivering and otherwise handling of all absent voters' ballots. He or she shall keep a record, as may be prescribed by the Secretary of State, of all ballots delivered for the purpose of absentee voting, as well as all ballots, if any, marked before him or her and shall deliver to the commissioner of election a certificate stating the number of ballots delivered, transmitted, or mailed to absent voters and those marked before him or her, if any, and the names of the voters to whom those ballots have been delivered, transmitted, or mailed or by whom they have been marked, if marked before him or her.
WV Code § 3-3-12 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3. Voting by Absentees|§3-3-12. Rules, Regulations, Orders, Instructions, Forms, Lists and Records Pertaining to Absentee Voting

(a) The Secretary of State shall make, amend and rescind rules, regulations, orders and instructions, and prescribe forms, lists and records, and consolidation of forms, lists and records as may be necessary to carry out the policy of the Legislature as contained in this article and as may be necessary to provide for an effective, efficient and orderly administration of the absentee voter law of this state. In the case of West Virginia voters residing outside the continental United States, the Secretary of State shall promulgate rules and regulations necessary to implement procedures relating to absentee voters contained in 42 U.S.C. §1973, et seq., the Uniformed and Overseas Citizens Absentee Voting Act of 1986 and shall forward a copy of the act to all officials designated to supervise and conduct absentee voting before January 1, of each even-numbered year.(b) The Secretary of State may establish special procedures to allow absentee voting for those categories of registered voters who, because of special circumstances, would otherwise be unable to vote in the election.(c) It is the duty of all officials designated to supervise and conduct absentee voting, other county officers, and all election commissioners and poll clerks to abide by the rules, regulations, orders and instructions and to use the forms, lists and records which may include or relate to:(1) The consolidation of the two application forms provided for in this article into one form;(2) The size and form of absent voter's ballot envelope nos. 1 and 2, and carrier envelopes;(3) The information which is to be placed on absent voter's ballot envelope no. 1 and the forms and information which are to be placed on absent voter's ballot envelope no. 2;(4) The forms and manner of making the challenges to absentee ballots authorized by this article;(5) The forms of, information to be contained in, and consolidation of lists and records pertaining to applications for, and voting of, absentee ballots and assistance to persons voting absentee ballots;(6) The supplying of application forms, envelopes, challenge forms, lists, records and other forms; and(7) The keeping and security of voted absentee ballots in the office of the official designated to supervise and conduct absentee voting.
WV Code § 3-3-13 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3. Voting by Absentees|§3-3-13. Absentee Voting in Municipal Elections

The provisions of this article relating to absentee voting shall apply to all municipal elections, except where clearly not adaptable thereto, and the governing bodies of the several municipalities of the state shall by ordinance implement the provisions hereof so as to develop and provide a complete and satisfactory absentee voting system for municipal elections.
WV Code § 3-3A-1 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3A. Vote by Mail Pilot Program|§3-3A-1. Short Title

This article shall be known as the "West Virginia Vote By Mail Pilot Program".
WV Code § 3-3A-2 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3A. Vote by Mail Pilot Program|§3-3A-2. Vote by Mail Pilot Program

This article establishes a two phase pilot project that will allow certain municipalities to vote by mail. Phase one authorizes Class IV municipalities to conduct only early voting for municipal elections by mail beginning with the municipal election of 2010. Phase two authorizes five municipalities in the state to conduct all voting by mail beginning with the primary election of 2011. The pilot project will permit registered and other qualified voters of the authorized municipalities to vote a ballot by mail during the pilot program period. The Class IV municipalities that choose to participate in phase one may conduct only the early voting for the municipal elections entirely by mail. The five municipalities selected for participation in phase two may conduct both the primary and general elections entirely by mail.
WV Code § 3-3A-4 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3A. Vote by Mail Pilot Program|§3-3A-4. Authority to Conduct Voting by Mail

The voting by mail program is to be supervised and conducted by the municipal recorder or other officer authorized by charter or ordinance provisions to conduct voting for any election held entirely within the municipality. All other provisions of this article for conducting a municipal election shall apply.
WV Code § 3-3A-5 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3A. Vote by Mail Pilot Program|§3-3A-5. Termination of Pilot Project

The provisions of this article related to phase two of the pilot project shall terminate on January 1, 2014, unless sooner terminated, continued or reestablished.
WV Code § 3-3B-1 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3B. Uniformed Services and Overseas Voter Pilot Program|§3-3B-1. Short Title

This article shall be known as the "Uniformed Services and Overseas Voter Pilot Program."
WV Code § 3-3B-2 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3B. Uniformed Services and Overseas Voter Pilot Program|§3-3B-2. Uniformed Services Members and Overseas Voter Pilot Program

This article authorizes a pilot program that will allow counties that meet the minimum requirements contained in section four to use available voting technology for the purposes of voting by absent uniformed services members and overseas citizens, as defined by 42 U.S.C. §1973ff, et seq. Participation in the pilot program will assist counties and the state in identifying areas for potential modification as larger pilot programs of this type begin to be authorized by the federal government under the Military and Overseas Voter Empowerment Act Pub. L. No. 111-84 (2009). Pilot programs authorized by this article are only applicable to the primary and general elections to be held during the year 2010.
WV Code § 3-3B-3 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 3B. Uniformed Services and Overseas Voter Pilot Program|§3-3B-3. Process for Selection by Secretary of State

(a) On or before the close of business on January 8, 2010, for the 2010 primary and general election, and on or before the close of business on July 30, 2010, for the 2010 general election only, any county interested in participating in the pilot program must submit a proposal to the Secretary of State. The proposal shall include:(1) The name of the vendor or vendors, if any, whose voting system will be implemented for voting by uniformed military and overseas citizen voters; (2) The anticipated cost to the county of implementing the proposal;(3) The manner in which the voting system complies with the provisions of section four of this article; and(4) An option for the voter to choose not to vote using the pilot voting system, but rather by mail, fax or e-mail at the voter's discretion as provided in sections five and five-b, article three, chapter three of this code.(b) The Secretary of State shall evaluate each proposal and shall approve those proposals which meet the criteria described in section four of this article.(c) On or before January 29, 2010, for the 2010 primary and general election, and on or before August 13, 2010, for the 2010 general election only, each county that has submitted a proposal shall be notified by the Secretary of State that the application has either been approved or denied.(d) Any county that applied by January 8, 2010, and was approved by the Secretary of State is considered approved for program participation in both the 2010 primary election and 2010 general election.(e) Following the primary election, the secretary shall evaluate the functional effectiveness of pilot programs conducted under this article and shall terminate any program that fails to adequately and securely ensure that absent uniformed services voters and overseas voters have their absentee ballots cast and counted in the primary election.(f) Ninety days following the 2010 primary election and ninety days following the 2010 general election, the secretary shall submit to the Legislature reports on the progress and outcomes of any pilot program conducted under this article, together with recommendations:(1) For the conduct of additional pilot programs; and(2) For such other legislation as the secretary determines appropriate.
WV Code § 3-4A-1 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 4A. Electronic Voting Systems|§3-4A-1. Use of Electronic Voting Systems Authorized

(a) Electronic voting systems may be used for the purpose of registering or recording and computing votes cast in general, special and primary elections: Provided, That the use of the electronic voting systems shall be governed by the terms, conditions, restrictions and limitations imposed by this article.(b) Each county which is authorized to use electronic voting systems in any statewide election shall establish a written policy for securing the electronic voting equipment. The policy shall outline how the equipment is secured from tampering and under what circumstances county personnel are authorized to have access. The clerk of the county commission shall submit a copy of the policy to the Secretary of State by February 1 in each even-numbered year. The clerk shall also submit a copy of any change to the policy within thirty days after its adoption.
WV Code § 3-4A-2 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 4A. Electronic Voting Systems|§3-4A-2. Definitions

As used in this article, unless otherwise specified:(1) "Automatic tabulating equipment" means all apparatus necessary to electronically count votes recorded on ballots, tabulate the results and produce necessary reports;(2) "Ballot" means a logical or physical device that presents races, candidates and contests, and facilitates the capture of the voter's choices or intent;(3) "Central counting center" means a facility equipped with suitable and necessary automatic tabulating equipment, selected by the county commission, for the electronic counting of votes recorded on ballots;(4) "Electronic poll book" means an electronic device containing voter registration information for the purpose of facilitating voting at the precinct;(5) "Electronic voting system" is one or more integrated devices that utilize an electronic component for the following functions: Ballot presentation, vote capture, vote recording and tabulation;(6) "Standard validation test deck" means a group of ballots wherein all voting possibilities which can occur in an election are represented;(7) "Vote-recording device" means equipment that captures and records voter intent by marking a screen to record selections or by using electronically sensible ink to mark selections; and(8) "Voter verified paper audit trail" means a physical printout on which the voter's ballot choices, as registered by a direct recording device, are recorded. This shall be visible to the voter and shall be securely locked to avoid tampering.
WV Code § 3-4A-3 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 4A. Electronic Voting Systems|§3-4A-3. Procedure for Adopting Electronic Voting Systems

An electronic voting system that has been approved in accordance with section eight of this article may be adopted for use in general, primary and special elections in any county by the following procedure and not otherwise:By a majority of the members of the county commission voting to adopt the same at a public meeting regularly called for that purpose: Provided, That the meeting be held not less than six months prior to the next scheduled primary or general election, with notice published as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for such publication shall be the county involved.
WV Code § 3-4A-5 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 4A. Electronic Voting Systems|§3-4A-5. Duty of County Commission to Acquire Vote Recording Devices, Acquire Use of Automatic Tabulating Equipment, and Provide a Central Counting Center

If the use of an electronic voting system shall have been adopted as hereinbefore provided, it shall be the duty of the county commission of such county to acquire the necessary number of vote recording devices to supply all or part of the election precincts within such county as soon as possible, and to acquire such reserve vote recording device or devices as will be deemed necessary. All such acquisition of vote recording devices shall be by sealed competitive bidding.If it shall be impossible for the county commission to comply with its order or with the decision of the voters in a referendum at the next primary or general election, it shall in any event do so at the next following primary or general election, whichever shall first occur.It shall be the further duty of the county commission of such county to acquire prior to any election in which such electronic voting system is to be used, the use of automatic tabulating equipment approved by the state election commission, for the purpose of counting votes in such election. In addition, the county commission of such county shall provide the necessary central counting center for use in said election. Such central counting center shall be located at the county seat of the county involved.
WV Code § 3-4A-6 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 4A. Electronic Voting Systems|§3-4A-6. Acquisition of Vote Recording Devices by Purchase or Lease; Acquisition of Use of Automatic Tabulating Equipment; Counting Centers

(a) A county commission may acquire vote recording devices by any one or any combination of the following methods:(1) By purchasing the same and paying the purchase price from funds available from the maximum general levy or from any other lawful source; and(2) By leasing the same under written contract of lease and paying the rentals from funds available from the maximum general levy or any other lawful source.(b) A county commission may acquire the use of automatic tabulating equipment by leasing or renting the same under written contract of lease or rental and paying the rentals therefor from funds available from the maximum general levy or other lawful source.(c) A county commission may enter into an agreement with another county commission to share automatic tabulating equipment if the automatic tabulating equipment may be transported to the appropriate central counting centers. No ballots may be transported for counting in any county other than the county in which the votes were cast.(d) A county commission is authorized to accept as a gift the use of suitable automatic tabulating equipment.(e) The county commission may also secure a counting center.
WV Code § 3-4A-8 (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 4A. Electronic Voting Systems|§3-4A-8. Approval of Electronic Voting System by State Election Commission; Expenses; Compensation of Persons Examining System

(a) Any person or corporation owning or interested in any electronic voting system may apply to the State Election Commission so that the system may be examined and a report be made on its accuracy, efficiency, capacity and safety. Upon the written application of any vendor tendered to the Secretary of State or to any clerks in his or her office in charge of receiving filings for any purpose, the Secretary of State shall fix a date, time and place, not more than thirty days after the receipt of the application, for a meeting of the State Election Commission for mutual consideration of the application. The Secretary of State shall mail notice of the hearing by certified mail to each member of the commission.(b) The State Election Commission shall appoint two qualified computer experts who are not members of the same political party to examine the system and make full reports on the system to the commission within ninety days from the date the State Election Commission approves the consideration of the application. They shall state in the report whether the examined system complies with the requirements of this article and the federal agency responsible for certifying voting systems and can be safely used by voters at elections under the conditions prescribed in this article. If the report is in the affirmative on that question, the commission may approve the system and adopt a system of its make and design for use at elections as provided in this article: Provided, That under no circumstances may a system be approved that is not capable of accurately tabulating returns based upon all possible combinations of voting patterns. The vendor of the approved system shall provide the State Election Commission with a report, due on January 1, of each even-numbered year, that outlines any problem that has been experienced with the equipment by any jurisdiction in the state or in any jurisdiction outside the state that uses the same or a similar version of the equipment that has been certified for use in this state.(c) No electronic voting system may be used at any election unless it has been approved under this section or its former provisions and by the appropriate agency of the federal government whose purpose is to review and issue a certificate of approval. Each of the two qualified computer experts appointed by the commission are entitled to reasonable compensation and expenses in making the examination and report, to be paid in advance of the examination required by subsection (b) of this section by the person or corporation applying for the examination. This sum shall be the sole compensation to be received by any expert for any work performed pursuant to this section. The State Election Commission shall determine the compensation at the time of approving the application for certification.
WV Code § 3-4A-9b (2021)
2021 West Virginia Code|Chapter 3. Elections|Article 4A. Electronic Voting Systems|§3-4A-9b. Authorization for Precinct Ballot-Scanning Device; Minimum Requirements

(a) For purposes of this section, "precinct ballot-scanning device" means a device used by the voter at the precinct on election day or during early voting for the purpose of scanning the voter's ballot after the ballot has been voted but prior to depositing the ballot into the ballot box.(b) The precinct ballot-scanning device may be used for the purpose of scanning optically readable ballots cast in all primary, general and special elections.(c) The precinct ballot-scanning device, firmware and programming software must be certified by an independent testing authority, according to current federal standards and be approved by the State Election Commission. No election official may enter into any contract to purchase, rent, lease or otherwise acquire any precinct ballot-scanning device, firmware or software not approved by the State Election Commission.(d) The precinct ballot-scanning device shall additionally:(1) Alert the voter if the voter has made more ballot selections than the law allows for an individual office or ballot issue;(2) Alert the voter if the voter has made fewer ballot selections than the law allows for an individual office or ballot issue; and(3) Allow voters an opportunity to change ballot selections, or correct errors, including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct the error.(e) The precinct ballot-scanning device may be used for tabulating election results only under the following conditions:(1) The county has at least one precinct ballot-scanning device in each precinct;(2) No tabulation of results is done at the precinct;(3) The "tabulation memory device" may be removed from the ballot-scanning device only after the polls close and the votes may only be counted at the central counting center on the night of the election; and(4) All voters at the precinct are required to use the ballot scanning device as a condition of completing their vote.(f) If the optical scan ballots from each of the precincts are counted at the central counting center on election night in accordance with section twenty-seven of this article, and the results from that count are the results finally published on election night, then any county meeting each of the requirements in paragraphs (1) through (4) of subsection (e), may turn off the over vote switch on the central counting device since every ballot will have been evaluated for over votes by the precinct scanning device.(g) The Secretary of State is hereby directed to propose rules and emergency rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code in accordance with the provisions of this section.