2005 West Virginia Code - §3-4A-11. — Ballot labels, instructions and other supplies; procedure and requirements.

§3-4A-11. Ballot labels, instructions and other supplies; procedure and requirements.

(a) The ballot commissioners of any county in which an electronic voting system utilizing voting devices for registering the voter's choices is to be used in any election shall cause to be printed for use in the election the ballot cards and ballot labels, as appropriate, for the electronic voting system, or shall cause to be printed a reasonable facsimile of the screens as they appear to the voter for the electronic voting system.
(1) The ballot labels are to be clearly printed in black ink on clear white material of a size as will fit the vote recording devices or as will be displayed on the screens as they appear to the voter for the electronic voting system. Arrows are to be printed on the ballot labels to indicate the place to punch the ballot card, which may be to the right or left of the name or proposition, or boxes are to be printed as they appear to the voter on the screens for the electronic voting system.
(2) The ballot labels are to contain the party emblem and are to clearly indicate the party designation of each candidate. The titles of offices may be arranged on the ballot labels in vertical columns or in a series of separate pages, and are to be printed above or at the side of the names of candidates so as to indicate clearly the candidates for each office and the number to be elected. The names of candidates for each office are to be printed in vertical columns or on separate pages, grouped by the offices which they seek.
(3) For the primary election, the heading of the ballot, the type faces, the names and arrangement of offices and the printing of names and arrangement of candidates within each office are to conform as nearly as possible to the provisions of sections thirteen and thirteen-a, article five of this chapter.
(4) For the general election, the heading of the ballot, the straight ticket positions, the instructions to straight ticket voters, the type faces, the names and arrangement of offices and the printing of names and the arrangement of candidates within each office are to conform as nearly as possible to the provisions of section two, article six of this chapter, except as otherwise provided in this article. Except for electronic voting systems that utilize a screen upon which votes may be recorded by stylus or by means of touch, the secretary of state shall assign uniform numbers to be used by all counties using electronic voting for all straight party tickets and for all candidates running for offices to be voted upon by all of the voters of the state. After taking into account the numbers so assigned by the secretary of state, the clerk of the circuit court shall arrange the offices and the candidates within each office as prescribed by section two, article six of this chapter, and shall assign the appropriate number for each candidate. When one candidate is to be elected and only two parties are on the ballot, the ballot label and the arrangement of the ballot are to conform as nearly as practical to the following example:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Democratic Ticket

Republican Ticket

_______________________________

______________________________

For Governor

For Governor

(Vote for One)

(Vote for One)

- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -
(candidate's name) 10 ---
(residence, county)

--- 11 (candidate's name)

(residence, county)
________________________________

___________________________

When more than two parties are on the ballot for an office, the arrangement of the ballot is to be specified by the secretary of state, and may conform to the following example if practical:
- - - - - - - - - - - - - - - - - - - - - - - -
For Governor
(Vote for One)

- - - - - - - - - - - - - - - - - - - - - - - -

Democrat(candidate's name)

10 ---

(residence, county)

Republican(candidate's name)

11 ---

(residence, county)

People's(candidate's name)

12 ---

(residence, county)
The ballot label and the arrangement of the ballot for multi-candidate offices are to conform as nearly as practical to the following example:
- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
Democratic Ticket

Republican Ticket

_______________________________

______________________________

For House of Delegates

For House of Delegates

First Delegate District

First Delegate District

(Vote For Not More Than Two)(Vote For Not More Than Two)
[If you marked a straight[If you marked a straight
ticket and you mark any

ticket and you mark any

candidate in a different

candidate in a different

party for this office, you

party for this office, you

must mark all your choices

must mark all your choices

because your straight ticket

because your straight ticket

vote will not be counted

vote will not be counted

for this office.]

for this office.]

- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
(candidate's name) 69 ---
(residence, county)
_________________________

______________________________

--- 70 (candidate's name)
(residence, county)
__________________________

______________________________

(candidate's name) 71 ---
(residence, county)
__________________________

______________________________

--- 72 (candidate's name)

(residence, county)
(5) Any nonpartisan office, including board of education and any question to be voted on is to be placed or displayed on a separate page or otherwise separated from the partisan ballots, constituting a separate ballot where required.
(6) In elections in which voters are authorized to vote for official write-in candidates whose names do not appear on the ballot label, there are to be provided, as described in this section, a write-in position on the ballot label for the voter to indicate his or her preference for a write-in candidate and a form on the inside of the secrecy envelope to permit a voter to enter the title of the office and the names of official write-in candidates for whom he or she wishes to vote: Provided, That if an electronic voting system that utilizes a screen upon which votes may be recorded by means of a stylus or by means of touch is used, the devices are to provide an alpha-numerical screen which allows the voter to, by use of a stylus or by touch, to enter the name of the write-in candidate for whom he or she wishes to vote.
For an office to be filled by election in a primary, except delegate to national convention, and for each office in a general election, the ballot label is to include, following all candidates for the office, a single numbered position with an arrow or box indicating the location to punch the ballot card or touch the screen to indicate a preference for a write-in candidate. The following instructions are to be printed beside the arrow in at least ten point type. "TO WRITE-IN FOR THIS OFFICE: Punch here and put name of office and candidate on inside of secrecy envelope. DO NOT put name here," or, if an electronic voting system is used with screens upon which votes may be recorded by means of a stylus or by means of touch, the word "WRITE-IN" will appear beside a box indicating the location for the voter to touch the screen and, when activated, another screen is to appear allowing the voter to enter a write-in candidate.
(7) In addition to all other equipment and supplies required by the provisions of this article, the ballot commissioners shall cause to be printed a supply of instruction cards, sample ballots, facsimile diagrams of the vote recording device ballot and official printed ballots or ballot cards adequate for the orderly conduct of the election in each precinct in their county.
(b) The ballot commissioners shall provide all other materials and equipment necessary to the conduct of the election, including voting booths, appropriate facilities for the reception and safekeeping of ballot cards, the ballots of absentee and of challenged voters and of "independent" voters who shall, in primary elections, cast their votes on nonpartisan candidates and public questions submitted to the voters.