2005 West Virginia Code - §3-4A-33. — Tampering with vote recording devices, ballot labels, ballot or ballot cards, program decks, standard validation test decks, or other automatic tabulating equipment; other dishonest practices; attempts; penalty.

§3-4A-33. Tampering with vote recording devices, ballot labels, ballot or ballot cards, program decks, standard validation test decks, or other automatic tabulating equipment; other dishonest practices; attempts; penalty.

Any person not an election officer or other public official who shall tamper or attempt to tamper with any vote recording device, ballot label, ballot or ballot card, program deck, standard validation test deck, or automatic tabulating equipment, or in any way intentionally impair or attempt to impair, their use, and any person who shall be guilty of or shall attempt any dishonest practice upon any such devices or equipment, or with or by their use, shall be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary for not less than one year nor more than ten years, or fined not less than five thousand dollars, or both.
Any clerk of a county commission, county commissioner, ballot commissioner, election commissioner, or poll clerk, or any custodian, technician, or other public official authorized to take part in the holding of an election or in preparing for an election, who, with intent to cause or permit any vote recording device, program deck, standard validation test deck, or other automatic tabulating equipment to fail to record, test or tabulate correctly all votes cast thereon or tabulated therewith, tampers with or disarranges such device in any way, or any part or appliance thereof, or who causes or consents to the use of such device or equipment for vote recording, testing or tabulating at any election with knowledge of the fact that the same is not in order, or not perfectly set and adjusted so that it will correctly record, test or tabulate all votes cast, or who, with the purpose of defrauding or deceiving any voter or of causing it to be doubtful for what ticket or candidate or candidates or proposition any vote is cast, or of causing it to appear on said device or devices that the votes cast for one ticket, candidate or proposition, were cast for another ticket, candidate or proposition, removes, changes or mutilates any ballot, ballot card or ballot label on said device or any part thereof, or does any other thing intended to interfere with the validity or accuracy of the election, shall be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary for not less than one year nor more than ten years, or fined not less than five thousand dollars, or both.