The bill amends the Code of West Virginia by adding a new section, 3-4A-27a, which establishes requirements for the preservation and publication of voting data from electronic voting machines. It mandates that counties using the Express Vote system enable functionality to capture ballot images and that these images, along with cast vote records, must not contain any personally identifiable information of voters. County election officials are required to provide the Secretary of State with these records and images organized by precinct at the close of the election canvass.

Furthermore, the Secretary of State is tasked with publishing the cast vote records and ballot images within 24 hours of receipt, ensuring that the information is accessible on a publicly managed website. Special provisions are included to protect voter anonymity for precincts with fewer than 10 absentee-by-mail and provisional ballots, ensuring that no individual voter’s choices can be identified. The bill also allows the Secretary of State to create legislative rules to implement these provisions while safeguarding the constitutional right to privacy in voting.

Statutes affected:
Introduced Version: 3-4A-27a
Committee Substitute: 3-4A-27a