Immediately after the closing of the polls on election day, and before the operating lever or mechanism of the voting machines (in the event the use of voting machines should be allowed) are locked and sealed as provided in West Virginia Code 3-3-24, the election commissioners and poll clerks of the precinct, in the presence of each other, shall open the carrier envelope in which are enclosed the absent voters' ballots for that precinct.
After the carrier envelope has been opened, each of the election commissioners and poll clerks shall examine each of the sealed absent voter's ballot envelopes No. 2 contained therein, as well as the information contained thereon, the application for such ballot, the affidavits, records and lists, if any, made, prepared or authorized under the provisions of this article which relate thereto, and make a decision as to each ballot whether a challenge is or is not to be made to such ballot. The appropriate form indicating the challenge shall be completed as to each ballot challenged by one or more of the election commissioners or poll clerks. Each ballot challenged shall remain sealed in absent voter's ballot envelope No. 2 and be deposited in the box or envelope for challenged ballots.
The election commissioners and poll clerks shall next determine whether any challenge has been made to any absent voter's ballot by any registered voter in the county under the provisions of Section 106.12. Each such ballot challenged shall remain sealed in absent voter's ballot envelope No 2 and be deposited in the box or envelope for challenged ballots.
The election commissioners and poll clerks, in the presence of each other, shall then open, in a manner as not to deface or destroy the information thereon, all of the absent voter's ballot envelopes No. 2 which contain ballots not challenged and remove therefrom the absent voter's ballot envelopes No. 1. These envelopes shall then be shuffled and intermingled.
The election commissioners and poll clerks, in the presence of each other, shall next open all of the absent voter's ballot envelopes No. 1 and remove the ballots therefrom. The poll clerks shall write their names on the back of each of such ballots in the same manner as other ballots are required to be endorsed by the poll clerks at precinct voting. The poll clerks shall then indicate with the letter "a" in the appropriate place on the registration record the fact that the voter had voted by absent voter's ballot in that election, and shall enter the absent voter's name on the poll book.
An election commissioner shall thereupon deposit the absent voters' ballots in the ballot box in those counties not using voting machines. In the event that the use of voting machines is authorized, the election commissioners shall, before locking and sealing the operating levers or mechanism on the voting machines, record such ballots on the voting machines. Such recording of absent voters' ballots shall be done by one of the election commissioners, and the act of casting such votes shall be performed in the presence, and under the careful observation and full view, of all election commissioners and poll clerks, and the votes as indicated by voting pointers fully carries out the intent of the voter as shown by the cross marks on the paper ballots. After the absent voters' ballots have been recorded on the voting machine, they shall be enclosed in a sealed package, properly endorsed and returned and filed with the statement of returns.
(Ord. 85-13. Passed 4-18-85.)