2005 West Virginia Code - §3-4A-16. — Delivery of vote recording devices; time, arrangement for voting.

§3-4A-16. Delivery of vote recording devices; time, arrangement for voting.

The clerk of the county commission shall deliver or cause to be delivered each vote recording device, where applicable, and the package of ballots to the polling place where they are to be employed. The delivery is to be made not less than one hour prior to the opening of the polls and is to be made in the presence of the precinct election commissioners. At the time of the delivery of the vote recording device, where applicable, and the ballots, the device is to be sealed to prevent its use prior to the opening of the polls and any tampering with the ballot labels; and the ballots are to be packaged and sealed to prevent any tampering with the ballots. Immediately prior to the opening of the polls on election day, the sealed packages of ballots are to be opened, where applicable, and the seal of the vote recording device is to be broken in the presence of the precinct election commissioners, who shall certify in writing signed by them to the clerk of the county commission, that the devices, where applicable, and the ballots have been delivered in their presence, that the devices and packages of ballots were found to be sealed upon delivery, and that the seals have been broken and the devices opened in their presence, as may be appropriate. The election commissioners shall then cause the vote recording device, where applicable, to be arranged in the voting booth in a manner that the front of the vote recording device on which the ballot labels appear will not be visible, when the vote recording device is being operated, to any person other than the voter if the voter elects to close the curtain, screen or hood to the voting booth.