§64-9-11 Secretary of State. - West Virginia Statutes

§64-9-11. Secretary of State.
The legislative rule filed in the state register on the fifteenth day of February, two thousand eight, authorized under the authority of section one hundred ten, article twenty-eight-a, chapter forty-eight, of this code, modified by the Secretary of State to meet the objections of the legislative rule-making review committee and refiled in the state register on the seventh day of August, two thousand eight, relating to the Secretary of State (administration of the address confidentiality program, 153 CSR 37), is authorized, with the following amendment:

On page 8, subsection 153-37-15, by striking section 15.1 in its entirety and inserting in lieu thereof the following:

"15.1. If any post election challenges are brought pertaining to the outcome of any election and it becomes necessary to check the validity of all absentee ballots cast in the election by verifying the names and addresses of all voters casting absentee ballots, a protected records voter's ballot shall not be included in the review unless the county canvassing board determines that such a ballot would be determinative of a county election outcome. When the county canvassing board has determined that review of a protected records voter's ballot is necessary, the designated county contact shall verify the protected records voter's ballot, in executive session, using extreme caution to ensure continued confidentiality.

15.2. When the Secretary of State determines the review of a protected records voter's ballot is necessary to determine the outcome of any election that would be determined by voters outside that county, the county canvassing board shall review the protected ballots.".