West Virginia

Status of Audit Legislation: 
Signed into law 2005
Link to Text of Legislation: 
West Virginia's Law
Notes: 

State Summary

Signed into law in 2005, the audit law in West Virginia provides for all items on the ballot to be audited. The audit results are both binding upon official results and may lead to a full recount of the voter-verified paper audit trail.

 

Unless otherwise noted, all information below comes from one section in the West Virginia Code. See Section 3-4A-28, “Post-election custody and inspection of vote recording devices; canvass and recounts,” Subsection (d): http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=03&art=4%20A.

Sampling Method: 

Five percent of precincts.

Trigger: 

Whenever the vote total obtained from the manual count of the voter verified paper ballots for all votes cast in a randomly selected precinct: (1) Differs by more than one percent from the automated vote tabulation equipment; or (2) Results in a different prevailing candidate or outcome, either passage or defeat, of one or more ballot issues such precincts for any contest or ballot issue; then the discrepancies shall immediately be disclosed to the public and all of the voter-verified paper ballots shall be manually counted.

Oversight: 
Board of Canvassers
Who Conducts the Audit?: 
The Board of Canvassers
Types of Voting Machines in Use: 
Optical Scan and DREs For more detailed information, see Verified Voting's website:http://www.verifiedvoting.org/verifier/map.php?&topic_string=5std&year=2008&state=West%20Virginia
Races that are Audited: 
Entire Ballot
Voting Units that are Audited: 
Precincts
Completed Before Certification?: 

Yes

Do the results of the audit become the official tally?: 
Yes
Additional Resources: 
West Virginia Code - Chapter 3 - Elections
West Virginia Secretary of State
West Virginia Audit Info from CEI