Title 153 W. Va. C.S.R.

Secretary Of State Secretary Of State

Series 00 Travel Rules

W. Va. Code R. § 153-00 Travel Rules

Secretary of State Travel Rules SECRETARY OF STATE THIS DATE 8/19/2014.

ADMINISTRATIVE LAW DIVISION

RULES ESTABLISHING PROCEDURES FOR IN-STATE AND OUT-OF-STATE DEPARTMENTAL TRAVEL BY EMPLOYEES OF THE SECRETARY OF STATE

Section 1. General

1.1 Scope -- This Travel Policy governs travel by all Secretary of State employees, consultants, contractors and anyone authorized to be reimbursed travel expenses by or on behalf of the Secretary of State, and includes all in-state, out-of-state and international travel. An entity with

authority pursuant to W. Va. Code §12-3-11 to promulgate rules concerning out-of-state travel is encouraged to utilize this Travel Policy and make exceptions when it determines the exceptions are in its best interests.

1.2

Authority -- West Virginia Code §12-3-11.

1.3 Filing Date -- August 19, 2014

1.4 Effective Date - August 19, 2014

Section 2.

Definitions

2.1 "FMO" means the State of West Virginia Fleet Management Office.

2.2 "GSA" means the U.S. General Services Administration.

2.3 "Policy" means this Travel Policy.

2.4 "Spending Unit" means the Secretary of State Finance Division.

2.5 "Spending Unit Officer" means a person with authority to approve Travel Authorization and Travel Expense Account Settlement Forms.

2.6 "Office" means the Secretary of State of West Virginia and any Spending Unit.

2.7 "TMO" means the Agency Travel Management Office.

2.8 "Travel Authorization" means the form/format approved by the TMO that is to be used for approving travel under this Policy whether in an electronic travel management solution or on paper.

2.9 "Travel Expense Report" means the form/format approved by the TMO that is to be used for settling all travel related expenses incurred pursuant to this Policy, whether in an electronic travel management solution or on paper.

2.10 "Traveler" means a Secretary of State employee, consultant, contractor and anyone authorized to be reimbursed travel expenses by or on behalf of the Office.

2.11 "Travel Status" is defined as the authorized period of travel time away from the official workstation commencing with the time of departure and ending with the time of return.

2.12 "Duty Station" is the city/town, county, and State in which the employee works. For most employees, this will be the location of the employee's work site.

2.13 "E-Travel System" means the electronic tool approved for planning, authorizing and submitting reimbursement requests for business-related travel expenses.

2.14 "Third Party Booking" means using an internet travel site such as Expedia, Travelocity, Orbitz, Kayak, Hotels.com and the like, where a traveler may research and book travel reservations.

Section 3. General Information

3.1 The State has an "accountable plan" for reimbursement of travel expenses and will only reimburse for actual expenses or in an amount deemed substantiated.

3.2

Authority to manage, approve, or disapprove travel and travel-related expense is delegated exclusively to the spending officer of a state agency.

3.3 Travel may be authorized only for official business and only if the state agency has the financial resources to reimburse the traveler for travel expenses.

3.4 Travel expenses will be reimbursed for legitimate and reasonable expenses considered necessary for the proper conduct of Office business in accordance with this Policy.

3.5 A Traveler is considered in "travel status" when he or she is traveling on behalf of the Office, which includes leaving his/her assigned official work location to perform duties at other locations.

3.6 Approval to travel must be secured in advance by the Traveler from the Spending Unit providing reimbursement. The Travel Authorization shall be used as required by the authorizing Spending Unit in the E-Travel system.

3.7 The responsibility to audit a traveler's expense report lies with the Spending Unit. Approval of a traveler's expense report by the Office means that the Travel Expense Report meets all criteria established by this policy for reimbursement. The Office shall audit and submit an accurate Travel Expense Report for reimbursement to the State Auditor's Office within fifteen (15) days after completion of travel.

3.8 Travelers must use state contracts for travel services, or deal directly with the service vendor.

Third Party Booking sites shall not be used.

3.9 Travelers are personally responsible for submitting all required, valid receipts for travel to his/her Purchasing Card Coordinator for expenses paid by a Purchasing Card.

Section 4. Reimbursement

4.1 Reimbursement of travel expenses incurred by consultants, contractors and non-employees will be in accordance with this Policy, unless otherwise specified in the purchase order or contract with the Office.

4.2 Reimbursement of travel expenses paid from federal, state and private grants shall be governed by the terms and conditions of the grant if they differ from those contained in this Policy; otherwise, this Policy shall govern the reimbursement.

4.3 Travel Expense Reports must be completed by the Traveler in the Office E-Travel System and have all required receipts and forms attached before submitting to the Spending Unit.

4.4 The Spending Unit is responsible for auditing Travel Expense Reports. The E-travel System will contain logic to assist with policy compliance, but approval of a Travel Expense Report is required by a Spending Unit Officer to certify the Report meets all criteria established by this Policy.

4.5 Itemized receipts are required for expenses claimed in excess of $75.00 unless otherwise specifically addressed in this Policy.

4.6.

When a receipt is required, the receipt must be the valid, itemized receipt issued by the vendor or service provider documenting the transaction.

4.7 When an acceptable form of receipt is not available, a Traveler shall create, in paper or electronic form, an itemized list reflecting the goods or services purchased, vendor name, date of purchase and price. The physical or electronic signatures of the Traveler and the Spending Unit employee with signature authority for travel are required, along with whatever receipt or other documentation is available.

Section 5.

Meals

5.1 Meal expense reimbursement is based on the temporary duty location and is not to exceed the maximum per diem established by the federal government. Alcohol and entertainment expenses are specifically excluded. Meal reimbursement is allowed when lodging is listed as "gratis" or "no charge."

5.2 Meal and incidental rates differ by travel location; incidentals are included in the meal per diem and are therefore not separately reimbursable. Examples of incidental expenses are fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses and others on ships, and hotel servants; transportation between places of lodging or business and places where meals are taken, if suitable meals cannot be obtained at the temporary duty site; and mailing cost associated with filing travel vouchers and payment of government charge card billings.

5.3 Meal expenses are reimbursable for travel requiring overnight lodging.

5.4 A Traveler may request a cash advance for meals and/or mileage through the E-Travel System if approved by the Spending unit.

5.5 Current rates and an example of the per diem meal breakdown may be found at the Travel Management Office's website at www.state.wv.us/admin/purchase/ travel.

5.6 Adjustments to Per Diem Rates

5.6.1 Exceptions may be granted to per diem rates in situations when authorized by the Spending Unit Officer. When expenses are approved in excess of per diem rates, itemized receipts are required for the meal and incidental expenses for the entire day.

5.6.2 On the first and last days of travel of an overnight trip when no meals are provided, the allowable reimbursement is based on 75% of the federal government's per diem rate for the specific city. Departure or arrival times are not considered. If a meal(s) is provided gratis or included within a registration fee of the business travel, the per diem rate must be reduced by the appropriate amount

5.6.3 A meal provided by a common carrier or as a complimentary meal provided by a hotel/motel does not reduce the maximum per diem rate.

5.7 Extraordinary Meal Expense Reimbursement

5.7.1 Meal expenses for single day travel are not reimbursable unless the Traveler is in travel status for more than 12 hours in a 24 hour period and reimbursement has been approved by the Spending Unit Officer. The maximum reimbursement is 75% of the GSA rate. Date and time of departure and return must be clearly noted on the Travel Expense Report.

5.7.2 Travelers providing Guardian Travel, e.g., transporting or accompanying clients, patients, students or others entrusted to a Spending Unit for its care, education or placement, may be reimbursed the cost of companion meals, not to exceed the maximum per diem. Receipts (or the student signature form) are required to be attached to the Travel Expense Report.

5.7.3 Travelers in undercover operations, law enforcement personnel and others in certain occasional overtime situations, at the direction and with the written approval of the Spending Unit Officer, may be reimbursed for their meal expenses. Spending Units must keep appropriate documentation on file.

Section 6. Transportation

6.1 Air Transportation

6.1.1 Commercial Airlines

6.1.1.a Allowable reimbursement for commercial airline travel shall include the actual cost for the least expensive logical fare via the most direct route, or a reasonable alternative route if it results in a lower fare.

6.1.1.b Travelers must make air travel bookings through the states E-Travel System to secure the least expensive airfare possible. Reimbursement for tickets where reservations were not made through the State's E-Travel System requires authorization from the TMO.

6.1.1.c Electronic tickets (E-tickets) are the industry standard and are issued automatically unless a paper ticket is specifically requested by the traveler. Costs for obtaining paper tickets are not reimbursable. E-tickets are sufficient for traveling and reimbursement.

6.1.1.d Airfare should be paid by a Purchasing Card or Ghost account.

6.1.1.e Inappropriate Actions

6.1.1.e.I Travelers may not deliberately cause increased costs or delays to obtain personal gratuities, such as denied boarding compensation, frequent flier points or mileage or other benefits. Conversion of airline tickets for personal benefit, such as downgrading tickets, returning unused tickets for cash, credit or personal airline tickets or other similar action is prohibited.

6.1.1.e.II Travelers may not specify a particular airline to accumulate mileage or promotional plans such as frequent flyer programs if it results in a higher fare.

Travelers may retain frequent flyer points properly accumulated.

6.1.1.e.III If an increase in airfare is caused by the Traveler without legitimate excuse, the increased costs of the airfare are a personal expense of the Traveler and will not be reimbursed. If an increase in airfare is incurred through no fault of the Traveler and the Spending Unit Officer has approved the increase, the increased cost is reimbursable.

6.1.1.f The travel agency should be notified immediately if airline tickets are unused or refundable for proper credit or refund.

6.1.2 Non-Commercial Aircraft Service

6.1.2 For any state-owned or private aircraft services to be used, Travelers are to contact the Aviation Division of the Department of Administration.

6.2 Ground Transportation

6.2.1 Generally

6.2.1.a A Traveler may use a privately-owned, state-owned, or a commercial rental vehicle for ground transportation.

6.2.1.b A Traveler must possess a valid operator's license to drive a vehicle while traveling on behalf of the State.

6.2.1.c The Traveler is responsible for following all applicable laws and requirements while driving and for any fines and/or penalties resulting from citations, charges or warrants attributable to the operator. Such fines and/or penalties are not reimbursable expenses.

6.2.1.d When a Traveler requests to drive his or her personal vehicle rather than fly for business, reimbursement shall be based on actual in-transit expenses (mileage and other costs incurred while in-transit, such as lodging, meals, parking, etc.), not to exceed the least expensive logical commercial airline cost plus local transportation to and from the airport and parking (where required).

6.2.1.e Travel between the place of residence and the official workstation is not reimbursable. A manager may deem that the point of travel may start from the employee's place of residence rather from the workstation when the miles from the place of residence to the destination would be less than the miles from the workstation to the destination.

6.2.2 Privately-Owned Vehicles

6.2.2.a Privately-owned vehicles may be used for state travel with agency approval when agency owned or leased vehicles are unavailable. A privately-owned vehicle should not be used when reimbursement costs are expected to exceed $50.00 per day or mileage reimbursement is expected to cost more than the cost of commercial travel (air, rental car, etc.).

6.2.2.b Mileage allowance for privately owned vehicles engaged in Office business will be based on the GSA rate in effect at the time of the travel. The rate covers all operating costs such as fuel, maintenance, insurance, etc., and no additional reimbursement will be made for such expenses.

6.2.2.c The mileage allowance will be based on the shortest practical route to and from the destination.

6.2.2.c.I Travel for which mileage is claimed shall normally begin and end at the Traveler's official work location.

6.2.2.c.Il Travel commencing before or after the work day for which mileage is claimed shall begin from either the traveler's official work location or the Traveler's home, whichever is closer to the destination.

6.2.2.d Receipts are not required for mileage reimbursement when using privatelyowned vehicles.

6.2.2.e Insurance

6.2.2.e.I Owner's personal insurance will be primary for liability insurance coverage.

Owner should contact their automobile insurer to discuss coverage available/required when using their own vehicle on State business.

6.2.2.e.II The State's insurer, BRIM (Board of Risk & Insurance Management) will provide excess liability coverage for additional protection to the State Traveler using their personal vehicle in the course of Office business. Being excess, BRIM's coverage will only be available after the vehicle owner's coverage is exhausted.

6.2.2.e.III BRIM does not provide coverage that will pay for damage to a personal automobile regardless of the cause. Further, BRIM will not pay the owner's physical damage deductible.

6.2.3 State-Owned Vehicles

6.2.3.a A Traveler desiring to use a state-owned vehicle should contact the Spending Unit Fleet Coordinator or the FMO. Please see the Legislative Rule for State- Owned Vehicles, 148 CSR 3.

6.2.3.b Expenses, such as gasoline, parking and tolls, not chargeable to the vehicle's gas card are reimbursable. An employee must provide a valid itemized receipt for expenses exceeding $75.

6.2.4 Commercial Rental Vehicles

6.2.4.a A commercial rental vehicle should only be used when a temporary need arises, a state vehicle is unavailable and the cost will be less than the reimbursement associated with a privately-owned vehicle. Only the State Traveler renting the commercial rental vehicle is permitted to operate the vehicle. If state employees are traveling together it must be noted on the rental agreement if they will operate the vehicle.

6.2.4.b The Purchasing Card or Ghost Account are the only acceptable methods of payment when renting a vehicle. Reimbursement for rentals made outside of the statewide car rental contract requires authorization from the TMO.

6.2.4.c Travelers must use the State contract for car rental services, unless the State contracts for car rental services do not have: a) a location in the specific area, b) the type of vehicle needed, or c) the vehicle for the duration needed.

All contracted rates are accessible through the E-Travel System. If the State contract for car rental services is not used, then the Traveler must note the reason on the Travel Expense Report.

6.2.4.d For travel of more than a few days in duration, weekly rental rates may be reimbursed if they result in a lower total cost than the daily rate.

6.2.4.e Reimbursement for commercial rental vehicles will be made at actual cost for the daily rental charge for a mid-size or smaller vehicle, plus mileage fees and fuel costs.

6.2.4.f Reimbursement may be made for a full-size vehicle if more than three (3) people are traveling together on business and for larger vehicles if a group of five (5) or more is traveling together.

6.2.4.g Larger vehicles may be rented when situations warrant (i.e. negotiating rough terrain, transporting large groups of people or equipment or other extenuating circumstances) as approved by the Spending Unit Officer.

6.2.4.h Collision Damage Insurance (CDW)

6.2.4.h.I The state contract(s) for car rental services may provide CDW insurance for some vehicles that are excluded by the Purchasing Card.

6.2.4.h.II The Purchasing Card provides CDW coverage at no cost for rentals up to 31 days.

6.2.4.h.III No other insurance or insurance-like product is reimbursable for rental vehicles used in the United States, unless required by law. Full coverage insurance is a reimbursable expense for any approved rental vehicle used outside the United States.

6.2.4.i The Purchasing Card does not cover the rental of trucks, campers, offroad vehicles, trailers, motorized bikes, motorcycles and motorized scooters, antique cars, high value, special interest and exotic cars, or vans that seat more than eight (8) occupants.

6.2.4.j A receipt or documentation is required for reimbursement of vehicle rental and mileage charges or fees.

6.2.4.k Reimbursement may be made for actual fuel costs, supported by valid, itemized receipts.

6.2.4.1 Vehicles should be returned to the rental agency with a full tank of fuel.

Unless rental location provides gas at a lower rate, documentation required.

6.3 Rail Service

6.3.1 Travelers shall make advance bookings for rail service through the Statewide Contract for Travel Services, using the least expensive logical fare via the most direct route or other reasonable route that results in a lower fare.

6.3.2 The cost of rail service should be paid by a Purchasing Card or Ghost account.

6.4 Other Ground Transportation

6.4.1 When courtesy transportation is provided by a hotel, motel, or other service facility, the traveler is encouraged to use such service.

6.4.2 Travelers may be reimbursed for taxi, bus, and other forms of public transportation. Receipts are not required if under the limit authorized by the TMO, currently $75.

Section 7. Lodging

7.1 Lodging for a Traveler is reimbursable where the distance is more than fifty (50) miles from his or her official work location or home, whichever is the shorter distance, and an overnight stay is required.

7.2 Travelers should use the E-Travel system to secure the lowest rate available at a reasonably priced facility. Most hotels and motels offer special reduced rates to State Travelers which are stored in the system.

7.2.1 Travelers shall not book lodging through a Third Party Booking vendor. Third party vendors are unable to provide an itemized invoice or folio for reimbursement and may charge services fees that are not reimbursable.

7.3 The lodging facility location should be as convenient as possible to the location where business is being conducted.

7.4 Allowable reimbursement for lodging shall include the actual expense for overnight accommodations and all applicable taxes and surcharges. Employees are reimbursed for lodging up to the maximum per diem established by the federal government. Travelers may request reimbursement above the per diem, not to exceed 300 percent (300%) of the maximum per diem allowance. Request for reimbursement above the per diem allowance should be made in advance of travel. Reimbursement above per diem following travel may be granted subject to agency approval.

7.5 Sales tax is to be paid if the lodging facility is located outside the State of West Virginia. When using the Purchasing Card for travel, purchases made with this card for in-state travel are exempt from any form of taxation.

7.6 If more than one Traveler shares a room, one of the Travelers may claim the total charge at the rate charged for the number of persons in one room; each Traveler will need to be referenced on the other Travel Expense Account Settlement Forms. They may also request the total charge be split between them accordingly and each issued their own separate folio or receipt.

7.7 Receipts are required for lodging reimbursement. A valid, itemized invoice or folio shall be the official document utilized for reimbursement to the Traveler.

7.8 If an increase in the lodging charge is incurred due to the Travel being directed by a Spending Unit Officer to change travel plans or due to extenuating circumstances arising beyond the control of the Traveler, then the increase is reimbursable. Increased charges incurred due to the Traveler's failure to notify the lodging facility are the personal expense of the Traveler and are not reimbursable.

Section 8. Registration Fees

8.1 Registration fees and event-related materials for meetings, conferences, seminars, and/or workshops are reimbursable.

8.2 Receipts are required for reimbursement. The receipt or documentation provided by the event sponsor shall be sufficient for reimbursement.

8.3 Travelers are to adjust meal reimbursement (per diem) requests for meals included with the registration fee.

8.4 Traveler should verify acceptable payment methods with the event sponsor prior to attending.

Registration fees should be charged on a Purchasing Card when possible.

8.5 If a cancellation charge is incurred, the charge is reimbursable if the Traveler is directed to change his/her travel plans, or if other extenuating circumstances beyond the Traveler's control arise. Charges incurred due to the failure of the Traveler to notify the event sponsor are considered a personal expense.

Section 9. Other Expenses

9.1 Travelers may incur miscellaneous business-related expenses for which reimbursement may be made, if appropriate. Receipts are required for any individual expenditure in excess of $75.00.

The spending officer may require any or all receipts at their option as a means of cost control.

Such expenses and reimbursement may include, but are not limited to: a) baggage storage between appointments and between hotels and meeting places; b) tolls, garage, and parking fees excluding valet parking for personal convenience. c) currency conversion; d) guides, interpreters, and visa fees; and e) Laundry and dry cleaning when an employee is in travel status in excess of seven days without returning home

9.2 Valet charges will only be reimbursed where self-parking is not available or where self-parking costs more than valet parking.

9.3 Expenses for travel in foreign countries are to be reported in United States dollars. Expenditures in foreign currencies must be converted into United States dollars at the rate or rates at which the foreign currency was obtained. The rates of conversion and commissions must be shown on an attachment to the Travel Expense Report.

9.4 When a non-employee accompanies a Traveler on official business, the Office shall in no way be responsible or liable for any expenses, actions or inaction of the non-employee whatsoever.

Section 10. Purchasing Card

10.1 Travelers must use the State of West Virginia Purchasing Card for approved business-related travel expenses whenever it is accepted. The Purchasing Card shall not be used for personal expenses.

10.2 Personal expenses, including food charges, shall not be charged to hotel folios when a Purchasing Card is used.

10.3 Travelers may request cash advances for meals and mileage expenses through the E-Travel System that cannot be charged to a Purchasing Card.

Section 11. Travel Forms

11.1 TMO approved format is to be used when seeking prior approval for reimbursement for travel expenses or submitting a request for reimbursement.

11.2 Any state employee seeking approval or reimbursement for travel expenses must use the State's E-Travel System to submit the request according to this policy.

11.3 Any non-employee seeking approval or reimbursement for travel expenses must use a TMO approved form to submit the request according to this policy. The form must contain the Traveler's original signature, preferably in blue ink.

11.3.1 Any invoice or receipt requiring original certification may be certified by the nonemployee Traveler and the Chief Financial Officer of the Department or Agency Administrator, or as determined by the State Auditor in emergency situations.

Section 12. Restrictions, Exceptions or Waivers

12.1 Spending Unit Officers have the right to establish procedures that are more restrictive than any provision of this Policy.

12.1 Travel Expense Reports for which an exception, waiver or deviation from this Policy has been granted or made by a Spending Unit Officer shall be processed separately from those reports without exceptions, waivers or deviations. The need for specialized audit review may result in longer processing times.

12.2 This Policy may be revoked, suspended, rescinded or amended at any time by the TMO.

Series 01 Electronic Filing And Formatting Of Rules

W. Va. Code R. § 153-1-1 General

1.1. Scope. -- This rule details procedures and required formatting for filing rules electronically with the Secretary of State’s Office.

1.2. Authority. -- W. Va. Code §29A-2-6(c).

1.3. Filing Date. -- April 28, 2023

1.4. Effective Date. -- May 28, 2023

W. Va. Code R. § 153-1-2 Definitions

2.1. “AdLaw” means the Administrative Law Division within the Secretary of State’s Office.

2.2. “Agency” means any rule-making entity.

2.3. “Agency head” means the cabinet secretary or top administrator for any agency who has the authority to grant or withhold written consent of the proposal of any rule on behalf of the agency; and without said individual’s signature, no proposal for a rule shall have any force or effect (see W. Va. Code §§5F-2-2(12) and (13)).

2.4. “ERF” means electronic rule filing form.

2.5. “eRules User” means the individual(s) who has been granted authority by the agency head to review, edit, and print a rule.

2.6. "Fiscal" means the individual(s) who has been granted authority by the agency head to add fiscal information to a rule filing.

2.7. “LOCEA” means Legislative Oversight Commission on Education Accountability.

2.8. “LRMRC” means Legislative Rule-Making Review Committee.

2.9. “SOS” means Secretary of State.

2.10. “Submission” means a level of access granted by the agency head that gives an individual(s) permission to file a rule electronically on behalf of the agency head.

2.11. “UAA” means universal access account.

W. Va. Code R. § 153-1-3 Prior to rule filing

3.1. A Universal Access Account must be created.

3.1.1. Go to the Secretary of State’s website, select the Administrative Law Division page and use the link to the Universal Access Account.

3.1.2. Verify the username and complete the account setup.

3.1.2.a. Usernames will be saved in the eRules application.

3.1.2.b. Passwords are not saved in the eRules application. It is the responsibility of the user to remember or store their password for all future filings.

3.2. An original electronic rule filing form (ERF) must be completed, signed, notarized, and filed with AdLaw staff.

3.2.1. The agency head will list the specific rules that authority is being granted for. If it is for all an agency’s rules, listing “all” is sufficient.

3.2.2. The agency head will select the level of access being granted.

3.2.3. The agency head will sign the form and have it notarized.

3.2.4. Any changes in staffing will require a new form to be completed prior to permissions being granted.

3.3. Upon completion of the UAA setup and submission of the ERF, a notification email will be sent that work on rules may begin.

3.4. If an eRules user, fiscal user, submission user or agency head leaves the employment of the agency, a signed statement from the agency must be filed with AdLaw staff in order to remove permissions for that individual in the eRules application.

W. Va. Code R. § 153-1-4 Procedures for rule filing

4.1. Go to the Administrative Law Division menu on the Secretary of State’s website and select “File an eRule”. Log in to your UAA.

4.2. Select the request needed for the filing being worked on.

4.2.1. This step is only needed at the start of the process to get the rule set up in the database.

4.2.1.a. If it is a new rule, select “New Title-Series”.

4.2.1.b. If it is an amendment to an existing rule, select “New Rule Version.”

4.2.1.c. When naming a rule, a brief statement of the main subject matter is sufficient. It is not necessary to include the type of rule, the fact that it is a rule, or the fact that it governs the subject matter in the name.

4.2.1.d. A request form will come up. Complete the form and click on “Send Request.”

4.2.2. Upon receipt of the request, AdLaw staff will enable the file and allow access to work on it. An email notification will be sent that this has been done.

4.3. Go to “Your Agencies (In-Progress Rules)” and click on “Edit/Upload/View.”

4.4. Find the correct rule file and click on “Edit/Upload/View.”

4.5. This will open the “Documents” page. Find the correct description for the filing being worked on.

4.5.1. When putting a rule out for public comment, use the “Notice” field.

4.5.2. Upon conclusion of the comment period, use the “Agency Approved” field for the rule, including any changes made based on comments.

4.5.2.a. Use the “Comments Received” field for submitting a copy of all comments, hearing transcripts and the agency response to each comment (this should be together as 1 document).

4.5.3. When filing changes based on LRMRC or LOCEA recommendations, use the “Modified File” field.

4.5.4. At the end of the rule-making process, to make the rule effective, use the “Final File” field.

4.5.5. At any point in the rule-making process, when necessary, use the “Emergency” field.

4.5.6. When filing a purely technical amendment to a current rule that does not change the content or intent, use the “Technical Amendment” field.

4.5.6.a. The filing shall include a detailed summary of the changes made and every occurrence of changes in the rule in lieu of strike-throughs and underlines.

4.5.6.b. A clean copy of the full text of the rule, including the changes, shall be filed.

4.5.6.c. The language for 1.3. of the General section, filing date, of the corrected rule shall be changed to “Technical amendment filed (list the date of filing in the eRules application).”

4.5.6.d. The original effective date of the rule shall not be changed.

4.5.7. The “Adopted by Reference,” “Other” and “Supporting Documents” fields should be used when applicable.

4.5.7.a. Any tables, charts, diagrams, etc. that are not part of or included in a rule should be filed in one of the fields listed in 4.5.7 of this rule.

4.6. In the appropriate field, click on “Upload File” and choose “Browse.” Find the rule to be submitted and upload it in Word. Do not upload a pdf or other file without prior approval from AdLaw staff. Click on “Return to Rule.”

4.6.a. Rule documents must be submitted in Word. Other document types may be submitted as PDF.

4.6.a.1. Due to compatibility issues, rule documents submitted in WordPerfect may not be accepted.

4.7. Go to the rule that was just uploaded and click on “View”.

4.8. The “Actions” bar will be displayed. Click on “Attach Form”.

4.8.1. Only the form needed for that filing will come up in the “Select Form Type” drop down.

4.8.1.a. Select the form and click on the “Attach Form” button to begin.

4.8.1.b. Fill out the form completely.

4.8.2. At the bottom of the form be sure to click the box marked “Attach Form” to add it to the rule filing.

4.8.2.a. At the bottom of the form there is also a “Save for Later” box. This allows the work that has been done to be saved and returned to at a later time.

4.8.2.b. After attaching the form, click on “Return to Document” to complete the filing.

4.9. Carefully review the rule and form.

4.10. Once the filing is complete and accurate, click on “Submit To Agency Head” located on the “Actions” bar where forms are attached.

4.11. The agency head will receive an email that a filing has been submitted.

4.11.1. It is the responsibility of the eRules user to follow up with the agency head and ensure that action is taken.

4.12. The agency head will log in to the eRules application and review the filing.

4.12.1. If the filing is correct, the agency head will click on the “Submit to SOS” tab.

4.12.2. If an error is found, the agency head will click on the “Reject-Request Changes” tab. This will return the filing to the eRules user for further work.

4.13. Upon receiving a rule filing from an agency head, AdLaw staff will review it.

4.13.1. If approved, the rule will be electronically clocked in noting the date filed with the Secretary of State’s Office. The eRules user and agency head will each receive an email notification that the filing has been accepted.

4.13.2. If rejected, the eRules user and agency head will each receive an email notification that the filing has been rejected and the reason for the rejection.

4.13.2.a. Possible reasons for SOS rejection of a rule filing include, but are not limited to:

4.13.2.a.1. Rule filed under the wrong title or series number.

4.13.2.a.2. Incorrect formatting or font.

4.13.2.a.3. Using “Track Changes” in the rule.

4.13.2.a.4. Incorrect dates, including sunset provision.

4.13.2.a.5. Incorrect information on rule or attached form.

4.13.2.b. Once all corrections have been made, the eRules user will resubmit the filing to the agency head.

4.13.2.c. The agency head will review the filing and will resubmit it to SOS.

4.14. To make changes to a rule that has been uploaded, the rule must be checked out.

4.14.1. Log in to eRules and find the rule.

4.14.2. Click on “Edit/Upload/View.”

4.14.3. Find the appropriate file on the “Documents” page and click on “View.”

4.14.4. This will display the “Actions” bar. Click on “Check Out.”

4.14.4.a. Right click where indicated and use “save target as,” name it and save.

4.14.4.b. The previous screen returns. Select “confirm check out.”

4.14.5. Changes to the rule can now be made.

4.14.6. When all work is done, go back to the “Actions” bar.

4.14.7. Click on “Check In.”

4.14.7.a. Click on “Browse.”

4.14.7.b. Find the corrected rule and upload.

4.15. Upon SOS approval of a Legislative rule filing, LRMRC or LOCEA is notified and receives an electronic copy.

4.16. If the name of the rule is changed any time during the rule-making process, the agency must notify AdLaw staff so the change can be made in the eRules application.

W. Va. Code R. § 153-1-5 Required formatting

5.1. Margins shall be set at 0.5 inch for the top and bottom, and 1 inch for the left and right.

5.2. Document shall be set at one column.

5.3. Font shall be Arial, Times New Roman or Calibri.

5.4. Text size shall be 11 for the body of the rule.

5.5. All rules shall have a header containing the title and series number of the rule (example 153CSR1).

5.5.1. Header shall be centered on the top of each page.

5.5.2. Header shall be in text size 10 and bolded.

5.6. All rules shall have a footer containing the page number.

5.6.1. Footer shall be centered on the bottom of each page.

5.6.2. Footer shall be in text size 11 and bolded.

5.7. Tabs shall be set at every .25-inch spaces.

5.8. Every rule shall begin with an introduction that includes the title number, type of rule, name of agency (followed by double space), series number and name of rule. The information shall be centered, bolded, in all capital letters and laid out as follows:

TITLE NUMBER (example TITLE 153)

TYPE OF RULE (example PROCEDURAL RULE)

NAME OF AGENCY (example SECRETARY OF STATE) space SERIES NUMBER (example SERIES 1)

NAME OF RULE

5.8.1. Double space and start the first section of the rule.

5.9. Section headings shall contain the title number, series number, section number, and name of the section. (Example: §153-1-5. Formatting.)

5.9.1. Section headings shall be bolded.

5.9.2. Section headings shall start at the left margin and be spaced as follows: §(title #)-(series #)-(section#).(2 spaces) Name of section.

5.10. Section 1 of every rule shall be called “General”. This section is reserved for information regarding the circumstances of filing the rule. It shall contain the scope of the rule, the cite authority in W. Va. Code that authorizes the writing of the rule, the filing date, the effective date (for an example, refer to section 1 of this rule). All Legislative rules, except those specifically exempted, must include the sunset provision (see 5.10.3 of this rule).

5.10.1. The numbering and spacing shall be as follows:

5.10.1.a. (tab) 1.1.(2 spaces)Scope.(2 spaces)(2 dashes) (2 spaces) Briefly explain the scope of the rule. (2 line returns)

5.10.1.b. (tab) 1.2.(2 spaces)Authority.(2 spaces)(2 dashes)(2 spaces) W. Va. Code §(code section). (2 line returns)

5.10.1.c. (tab) 1.3.(2 spaces)Filing Date.(2 spaces)(2 dashes)(2 spaces) Final file date. (2 line returns)

5.10.1.d. (tab) 1.4.(2 spaces)Effective Date.(2 spaces)(2 dashes)(2 spaces) Effective date of rule. (2 line returns)

5.10.2. The filing date and effective date will be added upon final filing the rule. Prior to that, if it is a new rule, these fields will be blank. If it is an amendment to an existing rule, the dates shall be struck through.

5.10.2.a. The filing date is the date the rule is final filed in the eRules system and cannot be back dated. If filed after daily office hours, use the next day’s date.

5.10.2.b. The effective date of the rule depends on the type of rule. This date cannot be backdated and is not the same as any authorizing bill dates.

5.10.2.b.1. For legislative rules under the review authority of LRMRC or LOCEA, the effective date can be the day it is final filed, or a date specified in the authorizing bill, or a date not to exceed ninety (90) days from the final filing date (see W. Va. Code §§29A-3-13 or 29A-3A-14).

5.10.2.b.2. For legislative-exempt, procedural and interpretive rules, the effective date can be thirty (30) days after final filing, not to exceed sixty (60) days after final filing (see W. Va. Code §§29A-3-8, 29A-3A-9, 29A-3B-8).

5.10.3. All Legislative rules, except for those specifically exempted, shall include a sunset provision (see W. Va. Code §§29A-3-19, 29A-3A-20). This shall be numbered 1.5. in the General section and called “Sunset Provision”.

5.10.3.a. For all filings prior to the final filing, the language used will be as prescribed by LRMRC or LOCEA.

5.10.3.b. New rules will expire on August 1, 5 years after being promulgated (see W. Va. Code §§29A-3-19(a), 29A-3A-20(a)).

5.10.3.c. For an amendment to an existing rule, the number of years until expiration will be determined by the agency and LRMRC or LOCEA (see W. Va. Code §29A-3-19(b), 29A-3A-20(b)).

5.10.3.d. Upon final filing the rule, the language shall include the approved date.

5.11. Underlining shall indicate language to be added to a rule. There shall be no underlining of text except to indicate new language to be added to an existing series. New rules must be completely underlined.

5.12. Strike-throughs shall indicate language to be deleted from a rule. Repealed legislative rules shall be completely struck-through (see W. Va. Code §29A-3-1a(b)).

5.13. “Track changes” shall not be used in rule filings. This could cause the rule to appear incorrectly online in the rules database. This is the responsibility of the eRules user.

5.14. Capitalization shall be used only for proper names, the first word in a sentence, abbreviations which are routinely capitalized, or as necessary for words defined by the rule. Do not capitalize for emphasis.

5.15. “Repeal and Replace” should not be used routinely in rule filing. This is only for proposing major changes to an existing rule involving the majority of sections.

5.15.1. Repealing and replacing a legislative rule requires prior approval from LRMRC or LOCEA.

5.15.1.a. Upon LRMRC or LOCEA approval, a repealer clause shall be added to the “General” section of the rule as 1.6.

5.15.1.b. The repealer clause shall state the rule to be repealed by its citation, name, filing date and effective date. (Example: This legislative rule repeals and replaces 153CSR999 “Documents Filed in the Secretary of State’s Office” filed April 1, 2011 and effective April 1, 2011.)

5.15.2. The repealed and replaced rule will be filed by the procedures outlined in this rule.

5.16. The repeal of a legislative rule shall complete the full rulemaking process.

5.16.1. A notice of public comment period shall be filed with the rule. The rule will be completely struck through, and the accompanying form will be checked indicating that the rule is to be repealed.

5.16.2. The struck through rule and attached notice will be filed with LRMRC or LOCEA.

5.16.3. Upon approval from the Legislature and the signature of the Governor on the authorizing bill, the rule shall be final filed.

5.16.4. The final filed rule shall include the header and introduction (see 5.8 of this rule) with all of the struck-through language removed from the rule and replaced with the following language:

5.16.4.a. This rule was repealed by (list the house or senate bill), effective (effective date of bill).

5.17. When repealing a legislative-exempt, procedural, or interpretive rule, a letter signed by the agency head will be filed. The letter will indicate the name of the agency, the title and series number of the rule, the name of the rule, the effective date of the rule, and the date the repeal will be effective.

5.18. An agency shall file the full text of a rule when proposing an amendment to an existing rule (see W. Va. Code §§29A-3-1a(a), 29A-3-5 and 29A-3-11(a)(1), 29A-3A-6, 29A-3A-12, 29A-3B-5, 29A-3B-9).

5.19. The numbering of an item in a rule shall end with a period followed by two spaces. Double space between numerated items.

5.20. Indentions shall be made using tab (see 5.7. of this rule).

5.21. Tables, charts, diagrams, etc. that are included as part of a rule, shall be named as “Table,” “Chart,” “Diagram,” etc. followed by the title number and series number of the rule in which they are located. For multiples, a letter beginning with attachment “A” for the first table, chart diagram, etc.; attachment “B” for the second table, chart, diagram, etc. and so on.

5.22. A decimal and alphanumeric outline format shall be used with indentions for breakdowns of rule provisions. Each breakdown will add an indention and either a number or letter.

5.22.1. Section headings shall start at the left margin and shall contain the title number, series number, section number, and name of section (see 5.9. of this rule).

5.22.2. Subsection number shall be indented once and shall contain the section heading number and numeration (Example: 6.1.).

5.22.3. Subdivision shall be indented twice and shall contain the heading number, subsection number and numerated subdivision number (Example: 6.1.1.).

5.22.4. Paragraph breakdown shall be indented three times and contain the heading number, subsection number, numerated subdivision number followed by lower case lettering. (Example: 6.1.1.a.).

5.22.5. Subparagraph breakdown shall be indented 4 times and contain the heading number, subsection number, numerated subdivision number, lettering followed by numeration. (Example: 6.1.1.a.1.).

5.22.6. Part breakdown shall be indented 5 times and contain the heading number, subsection number, numerated subdivision number, lettering, numeration followed by a capital letter. (Example: 6.1.1.a.1.A.).

5.22.7. Subpart breakdown shall be indented 6 times and contain the heading number, subsection number, numerated subdivision number, lettering, numeration, capital letter followed by a number. (Example: 6.1.1.a.1.A.1.).

5.22.8. Item breakdown shall be indented 7 times and contain the heading number, subsection number, numerated subdivision number, lettering, numeration, capital letter, number followed by a lower case letter in parenthesis. (Example: 6.1.1.a.1.A.1.(a)).

5.22.9. Subitem breakdown shall be indented 8 times and contain the heading number, subsection number, numerated subdivision number, lettering, numeration, capital letter, lower case letter in parenthesis followed be a number in parenthesis. (Example: 6.1.1.a.1.A.1.(a)(1)).

5.22.10. Sub- subitem breakdown shall be indented 9 times and include the heading number, subsection number, numerated subdivision number, lettering, numeration, capital letter, lower case letter in parenthesis, number in parenthesis followed by a capital letter in parenthesis. (Example: 6.1.1.a.1.A.1.(a)(1)(A)).

5.23. For a full example of proper text breakdown, see the table below.

TABLE 153-1

W. Va. Code R. § 153-1-6 Section heading for text breakdown table

6.1. Subsection. (1 tab)

6.1.1. Subdivision. (2 tabs)

6.1.1.a. Paragraph. (3 tabs)

6.1.1.a.1. Subparagraph. (4 tabs)

6.1.1.a.1.A. Part. (5 tabs)

6.1.1.a.1.A.1. Subpart. (6 tabs) 6.1.1.a.1.A.1.(a) Item. (7 tabs) 6.1.1.a.1.A.1.(a)(1) Subitem. (8 tabs) 6.1.1.a.1.A.1.(a)(1)(A) Sub-subitem. (9 tabs)

Series 02 Fees Relating To Electronic Records

W. Va. Code R. § 153-2-1 General

1.1. Scope. This legislative rule establishes the fees to be charged for online access to electronic records maintained by the Secretary of State and for the sale of electronic records for the purpose of resale.

1.2. Authority. -- W. Va. Code '59-1-2.

1.3. Filing Date. -- April 1, 1999.

1.4. Effective Date. -- April 1, 1999.

W. Va. Code R. § 153-2-2 Definitions

2.1. For the purpose of this rule:

2.1.1. AElectronic record@ means any record maintained in a database by the Secretary of State which becomes available for access electronically at a remote location, and which may include those portions of the complete record as are public and are considered appropriate to include in the viewable database, as determined by the Secretary of State.

2.1.2. AOnline access@ means access to view any available electronic record from a remote site via the Internet, modem, or other means of data communication.

2.1.3. ASubscriber@ means one person, company, agency or other entity which applies for access for one or more users to any database maintained by the Secretary of State for which a charge is applied on an annual subscription basis, or on a time of use basis if the charges are paid by prepayment.

2.1.4. AUser@ means each concurrent use by a subscriber using a single access identification.

2.1.5. AAvailable@ means the condition of having met the hardware, software, development and database development requirements necessary for secure and convenient access to the information system and each division=s records for public viewing, and is not to imply any required beginning date for the access.

W. Va. Code R. § 153-2-3 Records of the Administrative Law Division

3.1. The charges for access to electronic records of the Administrative Law Division are based on the requirement of W. Va. Code '29A-2-7 that the costs of the services of the division be recovered from the fees charged for the sale of publications.

3.2. The Secretary of State may make publications available on-line through an annual subscription for unlimited access, or through an on-line billing per access to a specific rule, index or isue of the State Register, depending on the technological considerations at the time.

3.3. The annual subscription for on-line access runs from January 1 through December 31, with the customer=s first year subscription prorated.

3.4. The annual subscription fees are as follows:

3.4.1. For the Code of State rules, on-line access only, three hundred fifty dollars ($350);

3.4.2. For the Code of State Rules, for purchasers of the printed 12-volume set, on-line access, one hundred seventy-five dollars ($175);

3.4.3. For the Index to the Code of State rules, no charge;

3.4.4. For the index to the Opinions of the Ethics Commission, one hundred fifty dollars ($150);

3.4.5. For the index to the Decisions of the State Grievance Board, no charge;

3.4.6. For the State Register, on-line access only, two hundred fifty dollars ($250);

3.4.7. For the State Register, for purchasers of the printed subscription, on-line access, one hundred twenty-five dollars ($125); and

3.4.8. For the calendar of emergency meeting notices, no charge.

3.5. If on-line billing is made available, the charge for each access to a specific rule, index or issue of the State Register shall be two dollars.

3.6. The Secretary of State shall make electronic records of the Administrative Law Division available at no charge to members of the Legislature for their personal official use only, and not for distribution.

3.7. If sufficient revenue for the Administrative Law Division is available either through appropriations or special revenue, the subscription or other fees provided for in this section may be waived, at the discretion of the Secretary of State.

W. Va. Code R. § 153-2-4 Records of the Corporations Division

4.1. The fees for access to records of the Corporations Division are based on the need for convenient access to key elements of those records by the public, the legal and banking community, and other users in order to reduce the personnel time and expense for telephone inquiries regarding those records.

4.2. The annual subscription for access to the electronic records of the corporation division for each user shall be one hundred dollars ($100) per year.

4.3. If on-line billing is made available, the charge for access to electronic records of the corporation division for each user shall be fifteen cents ($.15) per minute.

4.4. If sufficient revenue for the Corporations Division and/or service of process is available either through appropriations or other revenue, the subscription or other fees provided for in this section may be waived, at the discretion of the Secretary of State.

W. Va. Code R. § 153-2-5 Records of the Uniform Commercial Code (UCC) Division

5.1. The fees for access to records of the UCC Division are based on a balance of the need for convenient access to key elements of those records in order to reduce the personnel time and expense for telephone inquiries regarding those records and the necessity for the division to maintain sufficient revenue to be staffed and maintained by revenue.

5.2. The annual subscription for access to the electronic indexes of the UCC Division for each user shall be two hundred dollars ($200) per year.

5.3. If on-line billing is made available, the charge for each search of a debtor name in the electronic indexes of the UCC Division for each user shall be two dollars.

5.4. If sufficient revenue for the UCC Division is available through special revenue, the subscription or other fees provided for in this section may be waived, at the discretion of the Secretary of State.

W. Va. Code R. § 153-2-6 Records of the Charitable Organizations, Elections, and Executive Records Divisions and Other Public Information

6.1. The records of the Charitable Organizations Division are public information maintained for the purpose of preventing fraud in the conduct of charitable solicitations and fund-raising.

6.1.1. When available, the Secretary of State shall make the index information relating to charitable organizations and professional fund raisers available over the Internet at no charge.

6.2. The records of the Election Division are public information relating to the conduct of elections, candidate filings and other filings made with the Secretary of State.

6.2.1. When available, the Secretary of State shall make the index information relating to elections, candidate filing, and campaign finance filing available over the Internet at no charge.

6.2.2. The Secretary of State shall not make lists of registered voters available online, however, lists of registered voters in electronic format may be purchased under the provisions of W. Va. Code '3-2-30.

6.3. The records of the Executive Records Division are public information relating to the actions and appointments of the executive branch.

6.3.3. When available, the Secretary of State shall make the index information relating to executive records available over the Internet at no charge.

6.4. The Secretary of State may make other public records available online as he or she determines appropriate and practical.

W. Va. Code R. § 153-2-7 Subscriber Accounts; Multiple Users and Access to Records of Multiple Divisions

7.1. To become a subscriber to one or more of the record groups requiring fees, the person, firm or other entity shall file an application on a form prescribed by the Secretary of State.

7.2. Upon payment of the necessary fees or upon the satisfaction of any prepayment arrangements required for time of use billing, the Secretary of State shall provide a subscriber identification code and any required security password to the subscriber.

7.3. The Secretary of State shall maintain a record of all subscribers, along with a record of fees paid, and the beginning and ending dates of any annual subscription.

7.4. Subscribers who seek access to multiple record types through an annual subscription may obtain a discount of fifteen percent (15%) of the total for two record types, and twenty-five percent (25%) of the total for three (3) or more record types.

7.5. The following discounts are available for subscribers with four (4) or more users: 4 - 9 users 10% discount 10 - 25 users 15% discount 26 or more users 20% discount

W. Va. Code R. § 153-2-8 Purchase of Database Index Records for Resale

8.1. As required by W. Va. Code '59-1-3, any person, firm or other entity who purchases copies of any index or database and who intends to provide or subsequently provides or makes those records available to any other person for a monetary or other valuable return shall first apply to the Secretary of State for a resale agreement.

8.2. The applicant shall agree to be bound by a contract for repayment to the state for each instance of a resale.

8.2.1. The Secretary of State may require the applicant to supply detailed information relating to the data system in which the records are to be maintained, the anticipated frequency of access, the availability and use of automatic access tracking software within the applicant=s system, the billing arrangements and prices of sales, and any other information which might be necessary for contract review.

8.2.2. The Secretary of State may enter into a contract with the reseller for a reasonable return to the state of West Virginia for each instance of a resale.

8.3. Purchasers of the voter records maintained in the statewide uniform voter data system may not resell those records, as provided by W. Va. Code '3-2-30.

153CSR2

Series 03 Voter Registration at the Division of Motor Vehicles

W. Va. Code R. § 153-3-1 General

1.1. Scope. -- This rule governs the procedures necessary for implementation and processing of voter registration applications at and from the West Virginia Division of Motor Vehicles.

1.2. Authority. -- W. Va. Code § 3-2-11(n).

1.3. Filing Date. -- May 2, 2022.

1.4. Effective Date. -- May 2, 2022.

1.5. Sunset Provision. -- This rule shall terminate and have no further force and effect on August 1, 2027.

W. Va. Code R. § 153-3-2 Definitions

2.1. “Applicant” means an individual who has presented himself or herself at the DMV for the purpose of applying for the issuance, renewal, or change of address of a motor vehicle driver’s license or official identification card pursuant to W.Va. State Code §17B-2-1, et seq.

2.2. “County Clerk” means the Clerk of the County Commission.

2.3. “DMV” means the West Virginia Division of Motor Vehicles or other division or department that may be established by law to perform motor vehicle driver licensing services.

2.4. “SVRS” means the statewide voter registration database as described in W.Va. State Code §3-2-4a.

2.5. “WVSOS” means the West Virginia Secretary of State.

W. Va. Code R. § 153-3-3 Information to be Obtained by the DMV for the Purposes of Voter Registration

3.1. If the applicant does not decline to register to vote or update their current voter registration record, the DMV shall obtain the following information and release the information electronically to the Secretary of State:

3.1.a. Type of voter registration transaction (New or Update)

3.1.b. Full name, including first, middle, last and any former names;

3.1.c. Date of birth;

3.1.d. Residence address;

3.1.e. Mailing address;

3.1.f. County of residence;

3.1.g. The applicant’s electronic signature;

3.1.h. Telephone number(s);

3.1.i. Email address;

3.1.j. Driver’s license number;

3.1.k. Last four digits of the Social Security number;

3.1.l. Political party membership, if any;

3.1.m. A data field indicating whether the applicant has attested that he or she meets all voter eligibility requirements as set forth in W.Va. State Code §§3-2-2(a) and 3-2-2(b);

3.1.n. Date of application; and

3.1.o. If the license transaction is to change from another state to West Virginia, whether the applicant is registered to vote in another state and that state.

3.2. If the applicant affirmatively declines to become registered to vote or update their voter registration record during the transaction at the DMV, the DMV shall release the following information electronically to the Secretary of State:

3.2.a. Full name, including first, middle, last and any former names;

3.2.b. Residence address;

3.2.c. Date of birth;

3.2.d. The applicant’s electronic signature; and

3.2.e. A data field indicating that the applicant affirmatively declined to register to vote or update their voter registration record during the transaction with the DMV.

3.3. If an applicant affirmatively declines to register to vote or update his or her registration, the declination cannot be used as an indication to cancel the applicant’s voter registration if he or she is registered.

W. Va. Code R. § 153-3-4 Transfer of Data from DMV to the SOS

4.1. The DMV shall electronically transfer data required to be collected in subsections 3.1 and 3.2 of this rule to the WVSOS at least once per day as agreed upon in a Memorandum of Understanding between the DMV and the WVSOS.

4.2. The WVSOS shall maintain all records collected in conjunction with subsection 3.2 of this rule as the declination required by the National Voter Registration Act of 1993 (NVRA).

4.2.a. Records shall be maintained only for the purposes of facilitating future attempts to register to vote.

4.2.b. The WVSOS may utilize the information obtained pursuant to subsection 3.2 of this rule to contact those individuals who have affirmatively declined to register to vote to provide those individuals with information and options on how to register to vote if they choose to do so in the future.

4.2.c. Records will be kept for a period of two (2) years in accordance with the provisions of NVRA, then deleted.

W. Va. Code R. § 153-3-5 Processing of Applications in SVRS

5.1. The WVSOS shall ensure that all information collected pursuant to subsection 3.1 of this rule will be entered into the SVRS and presented to the County Clerk of the county in which the applicant applies to register to vote.

5.2. The County Clerk will review and process the application according to the requirements of state and federal law.

5.3. If the County Clerk receives information in SVRS regarding a new application from a previously cancelled voter, the County Clerk shall process the application as a positive action by the applicant to register to vote.

5.4. If a voter’s status in SVRS is “inactive,” and the County Clerk receives an application to register to vote or otherwise update said voter’s registration information, the County Clerk shall change that voter’s status to “active.”

5.5. The effective date of the registration is the date the applicant applied at the DMV. However, applicants are still subject to the voter registration deadline in W.Va. Code §3-2-6 in order to be eligible to vote or have changes to their record effective for an election.

5.6. If the information provided by the DMV pursuant to subsection 3.1 of this rule does not include a mailing address, the applicant’s residence address shall be used as the mailing address.

5.7. If the applicant is approved for registration and if information is available from paragraph 3.1.o of this rule, the County Clerk will send a notice to the appropriate election official for the applicant’s former residence indicating that the applicant is now registered to vote in West Virginia.

W. Va. Code R. § 153-3-6 Automatic Voter Registration Procedures at the DMV

6.1. The DMV and the WVSOS will coordinate to determine the process for voter registration at DMV locations in order to make the program efficient for voters, the DMV, County Clerks, and the WVSOS.

Series 04 Submitting suggestee executions served On The office Of The secretary Of state

W. Va. Code R. § 153-4-1 General

1.1. Scope. -- This regulation establishes a general procedure rule for the submitting of suggestee executions served on the Office of the Secretary of State.

1.2. Authority. -- W. Va. Code '29A-3-2.

1.3. Filing Date. -- August 4, 1981.

1.4. Effective Date. -- September 4, 1981.

W. Va. Code R. § 153-4-2 General Purpose

2.1. The general purpose of this procedure regulation is for the submitting of suggestee executions served on the Office of the Secretary of State.

W. Va. Code R. § 153-4-3 Procedure Rule for Submitting Suggestee Executions

3.1. Any suggestee executions served on the Office of the Secretary of State will be accepted by certified mail.

153CSR4

Series 05 Voter Registration List Maintenance by the Secretary of State

W. Va. Code R. § 153-5-1 General

1.1. Scope. -- This rule governs the procedures necessary for the Secretary of State to conduct voter registration list maintenance.

1.2. Authority. -- W. Va. Code § 3-2-23a.

1.3. Filing Date. -- May 2, 2022.

1.4. Effective Date. -- May 2, 2022.

1.5. Sunset Date. -- This rule shall terminate and have no further force of effect on August 1, 2027.

W. Va. Code R. § 153-5-2 Definitions

2.1. “County Clerk” means the Clerk of the County Commission.

2.2. “WVSOS” means the West Virginia Secretary of State or his or her designee.

W. Va. Code R. § 153-5-3 Notice Requirement

3.1. Before the WVSOS can conduct voter registration list maintenance on the voter registration records of any county, the WVSOS shall send a notice by certified mail, return receipt requested, to the County Clerk of the affected county. Nothing in this subsection shall prevent the WVSOS and a County Clerk from communicating by other means in an effort to effect the desired outcome.

3.2. The notice required by subsection 3.1 of this rule and W.Va. State Code §3-2-3(a) shall be mailed at least 90 days prior to the WVSOS conducting voter registration list maintenance on a county’s records.

3.3. The notice required by subsection 3.1 of this rule and W.Va. State Code §3-2-3(a) shall include:

3.3.a. The record(s) the WVSOS has identified as potentially requiring list maintenance;

3.3.b. The reason or reasons such list maintenance may be required; and

3.3.c. That the county has 90 days to explain why list maintenance has not been performed, perform the required list maintenance, or design a plan in cooperation with the WVSOS for the County Clerk to perform the required list maintenance which may take longer than 90 days.

3.4. If the County Clerk fails in 90 days to take any step required to perform the required voter registration list maintenance or reach an agreement with the WVSOS to conduct such maintenance past the 90 days, the WVSOS may perform the list maintenance on the records identified in the notice.

W. Va. Code R. § 153-5-4 Required Voter Registration List Maintenance

4.1. If the WVSOS finds that a County Clerk has failed within 45 days to update a voter registration record based on a notification received pursuant to W.Va. State Code §3-2-23, the WVSOS may initiate the process of sending notice to the County Clerk as set forth in section three of this rule.

4.2. If the WVSOS finds that a County Clerk has failed within 45 days to take any required step of the systematic program for removal of ineligible voters from the active registration files as required by 52 U.S.C. §20507 and W.Va. State Code §§3-2-25, 3-2-26, and 3-2-27, the WVSOS may initiate the process of sending notice to the County Clerk as set forth in section three of this rule.

4.3. If the WVSOS sends confirmation notices as part of list maintenance, the county shall be responsible for the cost of the confirmation notices, labels, and postage as required by W.Va. State Code §3-2-25(d).

Series 06 Filing and Formatting Rules and Related Documents and Other Documents for Publication in the State Register

W. Va. Code R. § 153-6-1 General

1.1. Scope. -- This legislative rule establishes the processes for filing and formatting legislative, legislative-exempt, procedural, interpretive, emergency rules and related documents in the Secretary of State's office, and processes for filing other documents for publication in the State Register.

1.2. Authority. -- W. Va. Code ''29A-2-6(c), 29A-2-7 et. seq.

1.3. Filing Date. -- March 29, 2019.

1.4. Effective Date. -- March 29, 2019

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on March 29, 2029.

1.6. Repeal and Replace. -- This legislative rule repeals and replaces WV 153CSR6 “Standard Size and Format For Rules and Procedures for Publication of the State Register or Parts of the State Register” filed March 26, 1996 and effective June 7, 1996.

W. Va. Code R. § 153-6-2 Definitions

2.1. “Agency” means any state board, commission, department, office or officer authorized by law to make rules or adjudicate contested cases, except those in the legislative or judicial branches (see W. Va. Code §29A-1-2(a)).

2.2. “Agency Approved” means every legislative rule proposed by an agency, which has completed the public comment period, is approved by the agency and submitted for Legislative review (see W. Va. Code §29A-3-11(a)).

2.3. “Agency Head” means the cabinet secretary or top administrator for any agency, board, department or rule-making entity who has the authority to grant or withhold written consent to the proposal of any rule on behalf of the agency. Without written consent, no proposal for a rule shall have any force or effect (see W. Va. Code §5F-2-2(12) and (13)).

2.4. “CSR” means West Virginia Code of State Rules.

2.5. “Emergency” means any legislative rule filed by an agency finding that the rule must be effective before completing the full Legislative cycle, promulgated in accordance with W. Va. Code '29A-3-15, and promulgation is necessary for the immediate preservation of the public peace, health, safety or welfare is necessary to comply with a time limitation, established by W. Va. Code or by a federal statute or regulation or to prevent substantial harm to the public interest.

2.6. “Interpretive” means every rule, adopted by an agency independently of any delegation of legislative power which is intended by the agency to provide information or guidance to the public regarding the agency's interpretations, policy or opinions upon the law enforced or administered by it, and which is not intended by the agency to be determinative of any issue affecting private rights, privileges or interests (see W. Va. Code§29A-1-2(c)).

2.7. “Legislative” means every rule, proposed by an agency pursuant to W. Va. Code '29A-3 et seq., which has no legal force or effect until promulgated by specific authorization of the legislature (see W. Va. Code §29A-1-2(e)).

2.8. “Legislative Exempt” means every rule promulgated by an agency or relating to a subject matter that is exempt from the rule-making provisions of W. Va. Code §29A-3-1 et. seq. or any other section of the W. Va. Code (see W. Va. Code §29A-1-2(d)).

2.9. “LRMRC” means Legislative Rule-Making Review Committee.

2.10. “Modified” every rule that has been changed to incorporate suggested changes from the Legislative Rule Making Review Committee (LRMRC) with agreement of the agency.

2.11. “Notice” means a filing for publication in the State Register submitted by an agency proposing to promulgate a rule that includes a request for the submission of evidence to be presented on any factual determinations or inquiries required by law to promulgate such rule (see W. Va. Code §29A-3-5).

2.12. “Procedural” means every rule which fixes rules of procedure, practice or evidence for dealings with or proceedings before an agency, including forms prescribed by the agency (see W. Va. Code §29A-1-2(h)).

2.13. “Proposed” means a legislative, interpretive or procedural rule which has not yet become effective (see W. Va. Code §29A-1-2(i)).

2.14. “Order” means the whole or any part of the final disposition, whether affirmative, negative, injunctive or declaratory in form, by any agency of any matter other than rulemaking (see W. Va. Code §29A-1-2(f)).

W. Va. Code R. § 153-6-3 Prior to rule filing

3.1. An agency and all staff that will be working on a rule filing shall apply individually to be set up in the Secretary of State’s eRules application as a user by the procedures explained in Secretary of State procedural rule 153CSR1.

3.2. A Universal Access Account must be created.

3.3. An original electronic rule filing form must be completed, signed, notarized and filed in the Secretary of State’s Office.

3.3.1. The agency head will list the specific rules that authority is being granted for.

3.3.2. The agency head will select the level of access being granted.

3.3.3. The agency head will sign the form and have it notarized.

3.4. If an agency has staffing changes including the agency head, a signed statement from the agency must be filed with the Secretary of State’s Office in order to change permissions in the eRules application.

3.5. When a rule is uploaded to the correct field in the eRules application, the agency will be prompted for the required information needed for that filing on the document that will generate to be completed and attached by the agency.

3.6. The Secretary of State may exempt an agency from the requirement of electronically filing a rule if it is determined by circumstances either foreseen or unexpected that the filer is without the means to file electronically.

W. Va. Code R. § 153-6-4 Required formatting of rules

4.1. All agencies shall have a title number and each rule a series number assigned by the Secretary of State.

4.2. Margins shall be set at 0.5 inch for the top and bottom, and 1 inch for the left and right.

4.3. Document shall be set at one column.

4.4. Font shall be either Times New Roman or Calibri.

4.5. Text size shall be 11 for the body of the rule.

4.6. All rules shall have a header containing the title and series number of the rule (example 153CSR6).

4.6.1. Header shall be centered on the top of each page.

4.6.2. Header shall be in text size 10 and bolded.

4.7. All rules shall have a footer containing the page number.

4.7.1. Footer shall be centered on the bottom of each page.

4.7.2. Footer shall be in text size 11 and bolded.

4.8. Tabs shall be set at every .25 inch spaces.

4.9. Full justification may be used.

4.10. Every rule shall begin with an introduction that includes the title number, type of rule, name of agency, series number and name of rule.

4.11. Section headings shall contain the title number, series number, section number and name of the section.

4.12. A decimal and alphanumeric outline format shall be used with indentions for breakdowns of rule provisions. Each breakdown will add an indention and either a number or letter. (See table 153-1 in Secretary of State procedural rule 153CSR1).

4.13. Section 1 of every rule shall be called “General”. This section is reserved for information regarding the circumstances of filing the rule. It shall contain the scope of the rule, the cite authority in W. Va. Code that authorizes the writing of the rule, the filing date, the effective date and all Legislative rules must include the sunset provision.

4.13.1. The scope of the rule shall be contained in 1.1.

4.13.2. The cite authority or authorities shall be contained in 1.2.

4.13.3. The filing date of the promulgated rule shall be contained in 1.3.

4.13.4. The effective date of the promulgated rule shall be contained in 1.4.

4.13.5. Unless specifically exempted, the sunset provision for Legislative rules shall be contained in 1.5.

4.13.6. Repeal and replace information shall be contained in 1.6. when applicable.

4.14. All rules shall be submitted in Word or WordPerfect, unless specifically exempted.

4.15. For a full explanation with examples of proper rule formatting, see Secretary of State procedural rule 153CSR1.

W. Va. Code R. § 153-6-5 Underlining, strike-throughs and capitalization

5.1. Underlining shall indicate language to be added to a rule. There shall be no underlining of text except to indicate new language to be added to a rule series. New series rules shall be completely underlined.

5.2. Strike-throughs shall indicate language to be deleted from a rule. Repealed legislative rules shall be completely struck-through. (See W. Va. Code §29A-3-1a(b)).

5.3. Capitalization shall be used only for proper names, the first word in a sentence, abbreviations which are routinely capitalized or as necessary for words defined by the rule. Do not capitalize for emphasis.

W. Va. Code R. § 153-6-6 Repeal and replacement

6.1. Repeal and replace should not be used routinely in rule filing. This shall only be used when an agency is proposing major changes to an existing rule involving the majority of sections.

6.2. An agency may not repeal a rule by reference in another rule.

6.3. Repealing and replacing a rule requires prior approval from LRMRC.

6.3.1. Upon LRMRC approval, a repealer clause shall be added to the General section of the rule as 1.6.

6.3.2. The repealer clause shall state the rule to be repealed by its citation, name, filing date and effective date. (Example: This legislative rule repeals and replaces WV 153CSR999 “Documents Filed in the Secretary of State’s Office” filed April 1, 2011 and effective April 1, 2011.)

6.4. The repealed and replaced rule shall be filed by the processes outlined in this rule with any additional information as determined by LRMRC.

6.5. The repeal of a legislative rule shall complete the full rulemaking process as outlined in this rule.

6.5.1. Upon approval from the Legislature and the signature of the Governor on the authorizing bill, the rule shall be final filed with the Secretary of State’s Office.

6.5.2. The final filed rule shall include the header and introduction (see 4.10. of this rule) with all of the struck-through language removed from the rule and replaced with the following language:

6.5.2.a. This rule was repealed by (list the house or senate bill), effective (list the effective date of the bill).

W. Va. Code R. § 153-6-7 Incorporation by reference and relevant federal statutes or regulations

7.1. Documents incorporated by reference and/or any relevant federal statutes or regulations shall be filed at the time the proposed rule is filed.

7.2. The document will be uploaded to the eRules application in the corresponding labeled field and will be available for consideration with all filings during that legislative cycle.

7.3. It is not necessary to file the following documents when they are incorporated by reference:

7.3.1. West Virginia Code.

7.3.2. West Virginia Code of State Rules.

W. Va. Code R. § 153-6-8 Filing proposed amendments to an existing series

8.1. Filing a notice of public comment period.

8.1.1. The agency shall file the full text of all sections of the existing rule regardless of the amount of proposed changes. The notice of public comment period must be included.

8.1.1.a. Comment periods shall be not less than thirty nor more than sixty days. (See W. Va. Code §29A-3-7). Filing on a legislative rule deadline day limits the comment period to thirty days. Time constraints should be considered.

8.1.1.b. The included notice shall fix a date, time and place for the receipt of public comment by written and/or oral statements.

8.1.2. All language to be deleted shall be stricken through, but clearly legible. All the language to be added shall be underlined.

8.1.3. Amendments shall not change the series number of the existing rule unless the change has been approved by the Secretary of State.

8.2. Filing of agency approved legislative rules following a public comment period.

8.2.1. An agency must file an agency approved rule with both the Secretary of State and LRMRC within ninety (90) days following the close of the comment period. If notice of public comment period was filed on the deadline day, the agency approved rule must be filed on the thirtieth day after. When the filing is approved in the Secretary of State’s eRule application, LRMRC receives a notification and an electronic copy of the rule including all attached documents. They may choose to accept this as the required filing.

8.2.1.a. If no change has been made to the rule as a result of comments received, the agency shall file with the Secretary of State the notice of agency approval, full text of the rule as finally approved by the agency with changes underlined and struck-through, a copy of all comments received and/or hearing transcript and a response to all of the comments. An agency may consolidate substantially similar comments and responses in the interest of efficiency.

8.2.1.b. If changes have been made as a result of comments received, the agency shall file with the Secretary of State, the notice of agency approval, and full text of the proposed rule with all changes, including those based on comment, underlined and struck-through, as if the previous filing had not occurred. The agency shall also file a summary of changes made as a result of comments received, a copy of all comments received and/or hearing transcript, and a copy of responses to all comments. An agency may consolidate substantially similar comments and responses in the interest of efficiency.

8.3. Final filing legislative exempt, procedural and interpretive agency adopted rules following public comment period.

8.3.1. For those legislative exempt, procedural or interpretive rules filed as agency adopted rules when no change has been made to the rule filed for public comment period, the agency shall file with the Secretary of State a notice of agency adoption, a copy of all comments, responses to comments and full text of the rule. The rule shall be a clean copy with all changes made, and strike throughs and underlines removed. An agency may consolidate substantially similar comments and responses in the interest of efficiency.

8.3.2. If changes have been made, the agency may amend the rule without further public comment provided the amendment does not change the main purpose of the rule. The agency shall file with the Secretary of State a notice of agency adoption, a copy of all comments, responses to comments, a summary of any changes made based on comments and full text of the rule. The rule shall be a clean copy with all changes made, and strike throughs and underlines removed. An agency may consolidate substantially similar comments and responses in the interest of efficiency.

8.3.3. The agency must adopt or withdraw the rule not later than six months after the close of the public comment period. Failure to file a notice constitutes withdrawal.

8.3.4. The agency shall specify an effective date for the rule of at least thirty days after the final filing.

8.4. Filing a technical amendment to a current rule.

8.4.1. A purely technical amendment to a current rule, including correcting addresses, phone numbers, punctuation, spelling, code citations or internal citations, numbering, grammatical errors or changes to language to standardize rule generally without affecting the content of any rule, may file the corrected rule with the Secretary of State’s office without the full Legislative process.

8.4.2. The filing shall include a notice of technical amendment to a current rule, a detailed summary of the changes made and every occurrence of changes in the rule in lieu of strike throughs and underlines, and a clean copy of the full text of the rule including the changes.

8.4.3. The corrected rule will show a new filing date.

8.4.3.a. The language in 1.3., filing date, of the corrected rule shall be changed to “Technical amendment filed (list the date of filing in the eRules application).

8.4.4. The original effective date of the rule shall not be changed.

8.5. Filing of modifications to legislative rules due to LRMRC recommendations.

8.5.1. The agency shall refile with the Secretary of State and LRMRC the entire rule series with the modifications included.

8.5.1.a. If it is an amendment to an existing rule, it shall contain strike-throughs and underlines.

8.5.1.b. If it is a new rule, it shall contain underlines.

8.5.2. This filing shall be within ten (10) days of the date of the LRMRC meeting of which the modifications were approved, unless otherwise specified.

8.5.3. When the filing is approved in the Secretary of State’s eRules application, LRMRC receives a notification and an electronic copy of the rule with all attached documents. They may choose to accept this as the required filing.

8.6. Final filing of legislative rules authorized by the legislature.

8.6.1. The agency shall file with the Secretary of State the notice of agency adoption of a legislative rule, after the bill granting legislative approval for the promulgation of the rule is signed by the governor, but not to exceed sixty days after the effective date of the bill.

8.6.2. The agency shall promulgate the rule as authorized by the Legislature.

8.6.3. The agency shall file a clean copy of the rule, incorporating any changes made by the Legislature with strike throughs and underlines removed, with the notice.

8.6.4. The rule shall become effective upon filing in the State Register, or on the effective date fixed by the authorizing act, or a date not to exceed ninety days, as fixed by the agency.

W. Va. Code R. § 153-6-9 Filing of a proposed new series rule

9.1. This section applies to an agency proposing an entirely new series rule which is not an amendment to an existing rule and which requires the assignment of a new series number.

9.2. The agency shall make the request in the Secretary of State’s eRules application for a new series number.

9.3. The proposed new series rule shall be designated as either a "legislative rule", “legislative exempt rule”, "procedural rule" or "interpretive rule".

9.4. During the time the rule is proposed, the filing date and effective date shall be blank in the “General” section of the rule. These dates will be added upon final filing the rule.

9.5. All of the same filing processes as detailed in section 8 of this rule shall be followed with the exception of any strike-throughs in the rule.

W. Va. Code R. § 153-6-10 Filing of emergency rules

10.1. Any agency with authority to propose legislative rules may find that an emergency exists requiring that an emergency rule be promulgated. (See W. Va. Code §29A-3-15(5)(f)).

10.2. The agency shall file the full text of the emergency rule together with a statement of the facts and circumstances constituting the emergency and a listing of state agencies, professions, businesses and other identifiable interest groups affected by the proposed emergency rule, with the Secretary of State. If it is a Secretary of State rule, it shall be filed with the Attorney General’s Office.

10.2.a. If it is an amendment to an existing rule, the filing shall contain strike-throughs and underlines.

10.2.b. If it is a new rule, it shall be noted on the accompanying documents, and may be underlined.

10.3. The emergency rule becomes effective upon the approval of the Secretary of State (or Attorney General as in 10.2. of this rule) or upon the forty-second day following the filing, whichever occurs first.

10.3.1. The agency shall state, with particularity, the circumstances constituting the emergency.

10.3.2. The agency shall file a copy of the emergency rule filing with LRMRC. Upon approval in the Secretary of State’s eRules application, LRMRC is notified and receives an electronic copy of the rule with all attached documents. They may choose to accept this as the required filing.

10.4. An emergency rule is effective for not more than fifteen months and expires earlier if:

10.4.1. The Secretary of State (or Attorney General) disapproves the emergency rule pursuant to the guidelines in W. Va. Code §29A-3-15(1).

10.4.2. The agency has not previously filed and fails to file a notice of public comment period on the proposed rule within thirty days of the rule being filed as an emergency rule.

10.4.3. The agency has not previously filed and fails to file the proposed rule as approved by the agency following the close of the public comment period with LRMRC within ninety days of the date the proposed rule was filed as an emergency rule.

10.4.4. The Legislature has authorized or directed promulgation of an authorized legislative rule dealing with substantially similar subject matter.

10.4.5. The Legislature has, by law, disapproved the emergency rule.

10.5. An amendment to an emergency rule shall be filed in the State Register and does not constitute a new emergency rule for the purpose of acquiring additional time or avoiding the expiration dates listed above.

10.6. Once an emergency rule expires, the agency may not refile the same or similar rule as an emergency rule.

10.7. LRMRC may review any emergency rule and may recommend to the agency, the Legislature or the Secretary of State any action it determines appropriate.

W. Va. Code R. § 153-6-11 Tables, charts, diagrams, etc

11.1. When an agency needs to include charts, tables, diagrams or other information which is not in a typical narrative format, the agency shall refer to the table, chart, diagram, etc. within the text of the rule stating the location of the table, chart, diagram, etc. The actual table, chart, diagram, etc. may be attached to the back of the proposed rule or may be uploaded to the “Other”, “Adopted by Reference” or “Supporting Documents” fields in the Secretary of State’s eRules application.

11.2. Tables, charts, diagrams, etc. shall be named as "Table", "Chart", "Diagram", etc. followed by the title number and series number of the rule in which they are located. For multiples, a letter beginning with attachment "A" for the first table, chart, diagram, etc.; attachment "B" for the second table, chart, diagram, etc. and so on.

W. Va. Code R. § 153-6-12 Sunset provision

12.1. Any new legislative rule promulgated after April 1, 2016, shall include a sunset provision terminating the rule after five years.

12.2. Any legislative rule existing as of April 1, 2016, upon being amended, shall add a sunset provision setting forth a termination date for the rule.

12.3. The sunset provision shall be included as 1.5. of the “General” section of all legislative rules using language prescribed by LRMRC.

12.4. The Secretary of State shall provide notice to the promulgating agency at least eighteen months prior to every rule’s expiration date.

12.4.1. The Secretary of State shall send notices to the last known email address or mailing address and will make every reasonable attempt to notify the agency’s designated or other contact person for each rule.

12.4.2. It is each agency’s responsibility to stay compliant with the sunset provision. No agency shall use as an excuse for falling out of compliance that the Secretary of State failed to give notice as prescribed.

W. Va. Code R. § 153-6-13 Documents to be included when filing a rule with the Secretary of State

13.1. When an agency files a legislative, legislative exempt, procedural or interpretive rule for public comment period, the following documents must be included:

13.1.1. The document that populates in the Secretary of State’s eRules application when proposed rule is uploaded to the “notice” field. This document is the Notice of a Public Comment Period on a Proposed Rule. It fixes a date, time and place for the receipt of public comment in the form of oral statements and/or written statements and prompts the agency for the required information about the rule filing found in W. Va. Code §29A-3-5.

13.1.2. Full text of the rule.

13.1.3. Any relevant federal statutes or regulations.

13.1.4. Any document being incorporated by reference in the rule.

13.2. When an agency files a legislative rule as an agency approved rule, the following documents must be included:

13.2.1. The document that populates in the Secretary of State’s eRules application when proposed rule is uploaded to the “agency approved” field. This document is the Notice of Agency Approval of a Proposed Rule and Filing with the Legislative Rule-Making Review Committee. It prompts the agency for the required information about the rule filing found in W. Va. Code §29A-3-11.

13.2.2. Full text of the rule as finally approved by the agency.

13.2.3. All public comments received and transcript of any hearing, if applicable.

13.2.4. All responses by the agency to the comments received including whether or not changes were made to the rule as a result.

13.2.5. Any other information which the committee may request or which may be required by law.

13.3. When an agency files a modified rule following review by LRMRC, the following documents must be included:

13.3.1. The document that populates in the Secretary of State’s eRule application when proposed rule is uploaded to the “modified file” field. This document is the Notice of Rule Modification of a Proposed Rule.

13.3.2. Full text of the rule including any modifications recommended by LRMRC.

13.4. When an agency final files the agency adoption of a legislative exempt, procedural or interpretive rule, the following documents must be included:

13.4.1. The document that populates in the Secretary of State’s eRule application when proposed rule is uploaded to the “final file” field. This document is the Notice of Agency Adoption of a Procedural, Interpretive or Legislative Exempt Rule.

13.4.2. Full text of the rule, including any amendment.

13.4.3. All public comments received and transcript of any hearing, if applicable.

13.4.4. All responses by the agency to the comments received including whether or not changes were made to the rule as a result.

13.5. When an agency final files a legislative rule following approval by the Legislature and Governor’s signature on the authorizing bill, the following documents must be included:

13.5.1. The document that populates in the Secretary of State’s eRule application when proposed rule is uploaded to the “final file” field. This document is the Notice of Final Filing and Adoption of a Legislative Rule Authorized by the West Virginia Legislature”.

13.5.2. Full text of the rule including any changes, corrections or amendments made by the Legislature.

13.6. When an agency files a rule as an emergency rule or an emergency amendment, the following documents must be included:

13.6.1. The document that populates in the Secretary of State’s eRule application when proposed rule is uploaded to the “emergency” or “emergency amendment” field. This document is the Notice of Emergency Rule or Notice of an Emergency Amendment. This prompts the agency for the required information about the rule filing found in W. Va. Code §29A-3-15.

13.6.2. Full text of the rule.

13.6.3. A listing of state agencies, professions, businesses and other identifiable interest groups affected by the proposed emergency rule.

W. Va. Code R. § 153-6-14 West Virginia Code of State Rules (CSR) and publication of the State Register

14.1. The CSR and State Register shall be updated and maintained by the Administrative Law Division of the Secretary of State’s Office.

14.2. Public access to the CSR and State Register shall be available in electronic format on the Secretary of State’s website.

14.3. The State Register shall consist of the following:

14.3.1. Notices of all CSR filings;

14.3.2. Every determination of fact or judgment tendered by an agency;

14.3.3. Executive orders of the Governor;

14.3.4. Every notice of any report or finding of LRMRC and material tendered by the clerk or presiding officer of either house of the Legislature.

14.3.5. Other agency actions or material that an agency desires to make a public record;

14.3.6. Any other document required by law.

14.4. The State Register shall be updated at a minimum of weekly on or before Friday. If Friday falls on a State Holiday, then the Register shall be updated on or before the last day of the work week. If an emergency situation prevents the updating of the Register, it will be done on the first following available work day.

14.5. Any agency with items for inclusion in the State Register shall submit the document to the Administrative Law Division along with any publication requests. If no requests are made, the document will be made available as received in the immediately following update.

14.6. If an agency ceases to exist or its rules have been transferred to another agency by operation of law or by statute, the clerk or presiding officer of the enacting house shall provide the Secretary of State a report of the changes for publication in the State Register and correct adjustment in the Code of State Rules.

14.7. If the authorizing legislative code for a rule is repealed, the clerk or presiding officer of the enacting house shall provide the Secretary of State a report of the agency and code affected for publication in the State Register and correct adjustment in the Code of State Rules.

14.8. All documents submitted for publication in the State Register shall be a public record. It is the responsibility of the submitting agency to redact any confidential information.

153CSR6

Series 07 Submission of Other Documents for Approval to Solicit Contributions for a Charitable Organization

W. Va. Code R. § 153-7-1 General

1.1. Scope. -- This interpretive rule established the conditions for the exercise of the discretion empowered within the Secretary of State to approve or disapprove solicitation activities.

1.2. Authority. -- W. Va. Code §§29-19-3(c); 29-19-5(a); 29-19-5(c); 29-19-8; 29-19-15(d); 29-19-9 and 29A-1(c)

1.3. Filing Date. -- May 21, 2021.

1.4. Effective Date. -- June 20, 2021.

W. Va. Code R. § 153-7-2 Examination of Applications

2.1. The Secretary of State shall examine each application to insure conformity with the Solicitation of Charitable Funds Act. Such examination may include the following areas:

2.1.1. Governing structure as expressed in the minutes of board meetings showing that the:

2.1.1.a. Board decides major expenditures for programs.

2.1.1.b. Board decides whether new programs/directions will become part of a major purpose of charity.

2.1.1.c. Board gets a full report on financial condition of charity at each meeting.

2.1.1.d. Board meets no less than three (3) times a year.

2.1.1.e. Board receives and approves reports on budget and financial reports.

2.1.1.f. Majority of board members are not employees of the charity.

2.1.2. Purpose of the charity as reflected in the financial and annual reports should demonstrate that the majority of the money collected is applied to the purposes expressed in the solicitation materials.

2.1.3. Information may be requested to determine the selection method used to contract for services by the board to insure board members or their families do not receive an unfair advantage from their position on the board. This may include examination of those companies contracted; with regard to ownership and relationship with board members.

2.1.4. Organizations are exempt under W. Va. Code §29-19-6(b) only if they do not collect more than $10,000 or do not contract with a professional fund-raiser. If they collect more than $10,000 in a year or if they hire a professional fund raiser, they must register with the Secretary of State.

2.1.5. It is the intent of the Secretary of State to administer the Solicitation of Charitable Funds Act as a license to solicit subject to the primary purpose of protecting the public from deceptive and dishonest practices.

W. Va. Code R. § 153-7-3 Contracts to be Filed

3.1. Whenever a contract is required to be sent to the Secretary of State by either a charitable organization, professional fund-raising counsel or professional solicitor, such contract shall not be deemed complete unless it includes, either within the body of the contract or attached, the name, address and phone number of the principle contact person for each of the parties to the contract.

153CSR16

153CSR7

153CSR10

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Series 08 Electioneering Prohibition

W. Va. Code R. § 153-8-1 General

1.1. Scope. -- This interpretive rule relates to electioneering prohibitions found in the below West Virginia Code citations and the Secretary of State’s position in the enforcement of these provisions.

1.2. Authority and Related Code Citations. -- W. Va. Code §§3-1A-6, 3-1-37, 3-3-2a, 3-9-6 and 3-9-9.

1.3. Filing Date. -- June 13, 2017.

1.4. Effective Date. -- July 14, 2017.

W. Va. Code R. § 153-8-2 Definitions

2.1. “Electioneering” is defined as provided in W. Va. Code §3-9-9(a).

2.2. “Expressly advocates” is defined as provided in W. Va. Code §3-8-1a(13).

W. Va. Code R. § 153-8-3 Measurement of Restricted Areas

3.1. Where the West Virginia Code establishes the distance in which electioneering is prohibited on election day or during the period in which early voting is offered during the hours while such early voting is actually taking place, that distance shall be measured from the outside entrance door(s) of the building containing the election room. The outside entrance door(s) shall be the outside door(s) beside which the flags and placards designating the precinct numbers are placed.

3.1.1. In the event that there are multiple entrances to the building containing the election room, the measurement provided in this subsection shall be made from each outside entrance. Provided, That for multiple entrances to the building containing the election room which are available for voters to enter the voting place for the purpose of voting, each outside entrance must be appropriately marked with the requisite flags and placards designating the precinct number. An outside entrance that is not appropriately marked with the requisite flags and placards designating the precinct number shall not be considered an outside entrance for purposes of the measurement of restricted areas and shall not be used for voters to enter the voting place.

3.2. The officers of election shall, prior to the opening of the polls, measure from the outside door(s) of the building housing the voting place along access walkways and/or roadways to determine the one hundred foot (100’) distance and shall clearly mark the boundary of the restricted area(s) in at least two (2) places.

W. Va. Code R. § 153-8-4 Business Within One Hundred Foot (100’) Area

4.1. The law specifically allows persons to enter the one hundred foot (100’) restricted area while in the discharge of their legitimate business, or whose business requires them to pass and repass within one hundred feet of such entrance. All permanent and regular businesses may remain open, and people may come in and out on election day, but no person may use this exception to engage in electioneering under the cover of business.

4.2. Temporary business, such as bake sales or hot dog stands, must be established outside of the one hundred foot (100’) area during primary, general and municipal elections.

W. Va. Code R. § 153-8-5 Electioneering Permitted on Citizen’s Own Private Property

5.1. Electioneering upon a citizen’s own private property within the one hundred foot (100’) restricted area is permitted under W. Va. Code §§3-1-37(a) and 3-9-9(c). Provided, That the law does not permit the private property owner to invite a non-property owner onto his or her property to engage in electioneering with the property owner’s permission. Nor may a non-property owner trespass onto the private property of another to engage in electioneering. This exemption only applies to a private property owner engaging in electioneering on his or her own private property.

5.2. For purposes of this section, a property owner is only such a person who holds an ownership interest in the subject property and does not include property renters.

W. Va. Code R. § 153-8-6 Electioneering Prohibited on Early Voting Location Property During Early Voting Hours

Nothing in this rule shall modify the restrictions set forth in W. Va. Code §3-3-2a, which prohibits any electioneering on any early voting location property regardless the distance from the voting place during the entire period of regular in-person absentee voting.

W. Va. Code R. § 153-8-7 Driving to the Polls

7.1. Drivers may transport persons or groups of persons to the voting place pursuant to the requirements set forth in W. Va. Code §3-1-37(b).

7.2. Drivers who are transporting elderly, handicapped or blind voters may remain within one hundred foot (100’) area while the voters are inside the polling place pursuant to the requirements set forth in W. Va. Code §3-1-37(b) and (e), but may not utilize such privilege for electioneering.

7.3. Such vehicles permitted within the one hundred foot (100’) restricted area for purposes of voting or transporting voters to the voting place shall not be required to remove any bumper stickers or signs affixed to the vehicle while parked or passing through the restricted area.

7.4. Voters may park within the one hundred foot (100’) area while they are voting. Small signs such as bumper stickers need not be removed from a voter’s vehicle, but large signs must be removed unless they are affixed to the vehicle.

W. Va. Code R. § 153-8-8 Press Personnel

Legitimate news media personnel with proper credentials may remain within the one hundred foot (100’) restricted area while conducting their official and legitimate news-gathering business, including exit polling, but may not enter the polling place or the building housing the polling place. Provided, That press personnel conducting exit polling are prohibited from engaging in electioneering activities as provided in W. Va. Code § 3-9-9(a).

W. Va. Code R. § 153-8-9 Delivery of Lunches

Lunches may be delivered to the door of the polling room during meal periods. Repeated visitation to the polling room to deliver messages, food or drink or for any other purpose is prohibited.

W. Va. Code R. § 153-8-10 “Checkers.”

“Checkers” who keep lists of those who vote or attempt to ask questions of voters or urge voters to vote one way or another are not permitted within the one hundred foot (100’) restricted area.

W. Va. Code R. § 153-8-11 Billboards and Signs

11.1. Permanent structures made continuously available for commercial advertising may display political advertising and are not required to be removed on election day if located within the one hundred foot (100’) restricted area.

11.2. Electioneering signs erected on private property are permitted within the one hundred foot (100’) restricted area.

11.3. Stopping, standing and parking vehicles displaying electioneering signs within the one hundred foot (100’) restricted area is prohibited, except as provided in W. Va. Code §§3-1-37(b) and (e), 3-9-9(a) and sections 7.3 and 7.4 of this rule.

Series 09 Authorized Use of the Great Seal of the State of West Virginia

W. Va. Code R. § 153-9-1 General

1.1. Scope. -- This interpretive rule defines when the Great Seal of the State of West Virginia may be used as authorized by the Secretary of State as the keeper of the seal. As provided herein, the seal may essentially only be used for: 1) official governmental purposes; and 2) official governmental stationery. The seal may not be used, as provided below, for: 1) any commercial purposes; 2) campaign purposes; or 3) advertising.

1.2. Authority. -- W.Va. Constitution Article II, Sec. 7; W.Va. Code § 5-2-1.

1.3. Filing Date. -- November 27, 2017

1.4. Effective Date. -- December 26, 2017

W. Va. Code R. § 153-9-2 Definitions

2.1. The following words shall have the following meanings for the purposes of this rule:

2.1.a. “Great Seal” shall include the Seal of the State of West Virginia, and any substantially similar facsimile thereof.

2.1.b. “Local governmental agency” includes any local governmental agency, including counties, municipalities, special districts or other separate units of local government created or established by the West Virginia Constitution and/or West Virginia Code, and authorized staff members of such entities.

2.1.c. “Official government business cards” means business cards in use by a current state governmental agency when specific written approval for use of the Great Seal has been granted by the head of that agency.

2.1.d. “Official government publications” are publications published by or on behalf of the State of West Virginia.

2.1.e. “Official government stationery” means stationery intended for use by a state governmental agency when specific written approval for use of the Great Seal has been granted by the head of that agency.

2.1.f. “Political or campaign purposes” shall include all uses related to a past, present, or future political campaign.

2.1.g. “Publications serving a governmental purpose” are those publications not published by the State of West Virginia, which the SOS, within its discretion, determines are of significant interest to the state, including but not limited to educational publications, where use of the Great Seal would not mislead the public to believe that the publication carries official State sanction or approval.

2.1.h. “Secretary of State” or “SOS” means the constitutional office holder of the position of Secretary of State of West Virginia, and/or his or her Deputy Secretary of State.

2.1.i. “State governmental agency” includes any state agency formed by the West Virginia Constitution and/or West Virginia Code, and authorized staff members of those entities.

W. Va. Code R. § 153-9-3 Procedures to Obtain Permission for Use of the Seal

3.1. No person, without express written authorization from the Secretary of State or a Deputy Secretary of State (“SOS”), may manufacture, use, display or otherwise employ a facsimile or reproduction of the Seal of the State of West Virginia (“Great Seal”), except as provided in this rule.

3.2. Any person desiring to obtain approval from the SOS for the manufacture or use of a facsimile or reproduction of the Great Seal shall make application on the form prescribed by the SOS. The form, Application for Manufacture or Use of the Great Seal of the State of West Virginia, is incorporated by reference herein and is available from the SOS.

3.3. SOS approval for use of the Great Seal is for a term of 4 years, unless otherwise stated by the SOS, and can be renewed upon the completion and approval of a new application.

3.4. Applications and supporting documents shall be filed with the Office of the Chief Counsel, West Virginia Secretary of State, State Capitol Building, Charleston, West Virginia, 25305.

3.5 Standards for Approval. The applicant may be granted permission to manufacture or use the Great Seal if the applicant affirmatively demonstrates to the SOS that the Great Seal will be used for a proper purpose. In order to determine what constitutes a proper purpose, the Department shall consider, at a minimum, the following:

3.5.a. The specific item to be manufactured;

3.5.b. The manner in which the Great Seal is to be displayed on the item to be manufactured;

3.5.c. The nature of the proposed use, including manner, purpose and place of use;

3.5.d. Whether the public would tend to be misled by the appearance of the Great Seal on the product to believe that the product carries official State sanction or approval;

3.5.e. Whether the use of the Great Seal would tend to mislead the public into believing that a person, meeting, project or event carries official State sanction or approval;

3.5.f. Whether the dignity of the Great Seal will be preserved if approval is granted;

3.5.g. Whether the requested use of the Great Seal will promote a stated governmental goal..

3.6. SOS approval should not be expected for the use of the Great Seal for the following:

3.6.a. Political or campaign purposes;

3.6.b. Stationery other than official government stationery;

3.6.c. Decorative automobile license tags;

3.6.d. Business cards other than official government business cards;

3.6.e. Designation of landmarks not listed in the National Registry of Historical Places or designated as a historical site under a local ordinance;

3.6.f. T-shirts, jackets or other clothing which might lead the public to believe that the person wearing such apparel is an official of the state;

3.6.g. Publications other than official state government agency publications or publications serving a governmental purpose;

3.6.h. Advertising;

3.6.i. News releases; or

3.6.j. Any commercial purpose.

3.7. State and Local Government Agencies. Subject to the requirements above, state and local governmental agencies as defined above, may use and display the Great Seal in connection with official business without application to the SOS, when specific written approval for use of the Great Seal has been granted by the head of the respective governmental entity.

W. Va. Code R. § 153-9-4 Review

4.1. Approval by this rule shall not become a vested property right in the grantee and approval may be revoked at the discretion of the SOS at any time. The SOS may revoke any approval issued if the use no longer promotes a stated proper governmental goal as determined by the SOS. Approval shall also be revoked where the SOS finds that the holder or his/her agent submitted false, incomplete, or inaccurate information in the application or has violated state law, SOS rules, regulations or conditions of approval relating to the use of the Great Seal.

4.2. Any person or entity unlawfully using the Great Seal without prior approval of the SOS, may be subject to an action at law or at equity brought by the SOS in the appropriate court of competent jurisdiction seeking injunctive relief and any other remedies available.

4.3. If any person or entity has been granted approval for use of the Great Seal, and such approval is subsequently rescinded or revoked by the SOS, such person or entity shall immediately cease and desist using or manufacturing the Great Seal until and unless authorized by the SOS or a court of competent jurisdiction.

4.4. Extraordinary Remedies. -- An aggrieved person or entity may institute an action for mandamus relief in the Circuit Court of Kanawha County if the actions or decision of the SOS is alleged to violate rights provided by the West Virginia Constitution or West Virginia Code.

W. Va. Code R. § 153-9-5 Fees

5.1. Applicable fees shall be charged by the SOS pursuant to W.Va. Code §59-1-1.

W. Va. Code R. § 153-9-6 Severability

6.1. These rules are considered to be severable. In the event these rules are inconsistent with or contrary to any statute, the provisions of the statute shall be applied.

6.2. These rules, including any time frames herein, are intended to serve only as guidelines for procedural functions of the SOS. Nothing herein is intended to vest any person with any right, substantive or otherwise which is greater than otherwise exists in law.

Request for Use of the Great Seal of the State of West Virginia Mac Warner Secretary of State Requestor:

Address:

Phone: Date Requested: Reason for use of the Seal of the State of West Virginia:

Action taken: ------------------------------ Request taken by: ----------------------------- Approved by:

Please fill out information, and fax to (304) 558-0900 or mail to: Secretary of State State Capitol Building Charleston, WV 25305 153CSR09 153CSR09

Series 10 Loan And Grant Programs Under The Help America Vote Act (HAVA) For The Purchase Of Voting Equipment, Election Systems, Software, Services and Upgrades

W. Va. Code R. § 153-10-1 General

1.1. Scope. -- This Rule establishes procedures for administration and eligibility of West Virginia counties to apply for and receive funding to improve the administration of elections for federal office, including to enhance election technology and make election security improvements, payable from the County Assistance Voting Equipment Fund created by the Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq.

1.2. Authority. -- W. Va. Code §3-1-48(l).

1.3. Filing Date. -- April 21, 2026.

1.4. Effective Date. -- April 21, 2026.

1.5. Sunset Provision. -- This Rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 153-10-2 Definitions

2.1. For the purposes of this rule:

2.1.1. “Approved” means authorization granted by the State Election Commission or the EAC.

2.1.2. “Clerk” means the Clerk of the County Commission or other official charged with the administration of elections.

2.1.3. “Election Assistance Commission” or “EAC” means the federal agency created by HAVA to provide programs for voting assistance to state and local governments.

2.1.4. “Election system” means any mechanical device, hardware, software, or combination thereof designed to work or operate in conjunction with, secure, maintain, or improve any part of the voting process or systems, including but not limited to accessible electronic voting systems and e-pollbooks.

2.1.5. “Electronic pollbook” or “e-pollbook” means an approved electronic device containing voter registration information for the purpose of facilitating voting at the precinct.

2.1.6. “Electronic voting system” means one or more approved accessible integrated devices that utilize an electronic component for the following functions: ballot presentation, vote capture, vote recording, or vote tabulation.

2.1.7. The “fund” means the County Assistance Voting Equipment Fund bearing the designation “1615” by the State.

2.1.8. “Grant” means a sum of money authorized for disbursement by the State Election Commission to a county subgrantee from the Fund to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, such as electronic voting system upgrades, cybersecurity enhancements, physical security upgrades, and e-pollbooks.

2.1.9. “HAVA” means the Help America Vote Act, 52 U.S.C. §20901, et seq.

2.1.10. “HAVA Grant Board” means a body authorized by W. Va. Code §3-1-48 for the purpose of making recommendations to the State Election Commission to issue grants to West Virginia counties from the Fund consistent with this Rule. The HAVA Grant Board shall be comprised of members appointed by the Secretary from the following agencies and organizations:

2.1.10.a. The Director of the Elections Division of the Secretary of State’s office who shall act as Chairperson of the Board;

2.1.10.b. A representative from a disability rights organization;

2.1.10.c. Two Clerks of opposite political parties from the West Virginia Association of County Clerks; and

2.1.10.d. A representative from the Governor’s office.

2.1.11. “Loan” means a sum of money borrowed by a county from the Fund that is expected to be paid back to the State.

2.1.12. “Nonpayment of the loan installments” means a nonpayment of two consecutive monthly payments or nonpayment of an annual payment when over thirty days have passed beyond the scheduled payment date.

2.1.13. “Physical security” means equipment and techniques employed to securely administer a federal election, such as to protect hardware, software, networks and data from physical actions, tampering, and events that could cause loss or damage to election systems due to burglary, theft, vandalism, terrorism, fire, flood, or natural disaster. The term also includes the addition of necessary and reasonable resources and staff to protect the integrity of a federal election, such as unanticipated increases in election materials and supplies, cleaning or sanitization supplies, temporary staff, and other items or expenditures permitted by federal law.

2.1.14. “Program” means the county loan and grant programs created to facilitate the improvement of the administration of elections for federal offices, including programs to enhance election technology and make election security improvements, such as electronic voting system upgrades, cybersecurity enhancements, physical security upgrades, and e-pollbooks.

2.1.15. “Secretary” means the West Virginia Secretary of State.

W. Va. Code R. § 153-10-3 Eligibility for Grant Funding for Election Systems and Election System Upgrades

3.1. Any county commission requesting a grant from the Fund shall file an application verified by their Clerk with the Secretary.

3.2. The application shall be on a form provided by the Secretary and shall contain the following information:

3.2.1. The name of the county;

3.2.2. The amount of grant money requested;

3.2.3. The proposed use of funds, including type of equipment, software, and services to be purchased and the quantity thereof, if applicable;

3.2.4. A statement that the county has matching funds available equal to at least 15% of the cost of physical security upgrades or e-pollbooks and 50% of the cost of electronic voting systems, software, and services;

3.2.5. A statement that the county has the authority to purchase election systems, or election systems upgrades, through lawful purchasing procedures, no later than 120 days from receipt of the award;

3.2.6. A statement of the county indebtedness, arrearage, or obligation to the State of West Virginia or its agencies;

3.2.7. A copy of the resolution passed by the county commission authorizing the county to purchase election systems or election systems upgrades pursuant to the program;

3.2.8. The signatures of a majority of the county’s commissioners and the Clerk; and

3.2.9. The date of the application; and

3.2.10. Other information required by the Secretary,

3.3. To be eligible for a grant from the Fund, a county applicant must meet all criteria in place at the time of the application and award, including, but not limited to, the following:

3.3.1. The county must be current in a repayment plan for any outstanding indebtedness, arrearage, or obligation to the State of West Virginia or its agencies;

3.3.2. The county must possess the ability to meet any obligation to match funds; and

3.3.3. The county must possess lawful authority to purchase election systems, or election systems upgrades, through lawful purchasing procedures no later than 120 days from receipt of the award.

3.4. A county commission must possess at least 15% of the cost of equipment, software, and services for e-pollbooks and may only obtain a grant from the Fund for up to 85% of the cost, to be determined by the HAVA Grant Board, based on availability of funds.

3.5. A county commission must possess at least 50% of the cost of the equipment, software, and services for electronic voting systems and may only obtain a grant from the Fund for up to 50% of the cost, to be determined by the HAVA Grant Board, based on availability of funds.

3.6. A county commission must possess at least 15% of the cost of equipment, software, and services for physical security measures to protect election systems and may only obtain a grant from the Fund for up to 85% of the cost, to be determined by the HAVA Grant Board, based on availability of funds.

3.7. Grants may be approved by the State Election Commission, upon a recommendation by the HAVA Grant Board, only for the purpose of improving the administration of elections for federal office by enhancing election technology and security. Grants may be used to purchase election systems, election system upgrades, electronic voting systems, or provide for physical security. Purchases must be certified or otherwise approved by the State Election Commission, when necessary, and made pursuant to a lawful local procurement procedure.

3.8. The Secretary, at his or her discretion, based on county need and funding availability, may waive a portion or all of the county matching funds required by this section.

W. Va. Code R. § 153-10-4 Eligibility for Loan Funding for Voting Systems, Software, and Services

4.1. Any county commission requesting a loan from the Fund shall file an application with the Secretary.

4.2. The application shall be on a form provided by the Secretary and shall contain the following information:

4.2.1. The name of the county;

4.2.2. The amount of loan money requested;

4.2.3. The proposed use of funds, including type of equipment, software, and services to be purchased and the quantity thereof, if applicable;

4.2.4. A statement that the county has obtained at least 50% of the cost of the equipment, software, and services;

4.2.5. The date of the application;

4.2.6. The signatures of a majority of the county’s commissioners and the Clerk; and

4.2.7. Other information required by the Secretary.

4.3. In addition to the application, the county commission shall provide to the Secretary a copy of the resolution passed by the county commission authorizing the county to purchase or lease the voting equipment, software, and services and to enter into the loan agreement.

4.4. A county commission must obtain at least 50% of the cost of the equipment, software, and services and may only obtain a loan from the Fund for up to 50% of such cost.

4.5. The State Election Commission may waive a portion or all of the 50% matching funds if the county commission demonstrates to the satisfaction of the State Election Commission that the county commission has exercised due diligence to raise the matching funds; that it is unable to obtain the matching funds; and that it has the ability to pay the installments on the loan when due.

4.6. A county commission may request a waiver of the matching funds by filing an application with the State Election Commission.

4.7. Loans may be approved by the State Election Commission only for the purpose of improving the administration of elections for federal office by enhancing election technology and security, including but not limited to the purchase of election systems, election system upgrades, electronic voting systems, or physical security. Purchased systems must be certified or otherwise approved by the State Election Commission when required, by the county pursuant to a lawful local procurement procedure.

W. Va. Code R. § 153-10-5 Application Review and Approval Process

5.1. For the purpose of a county obtaining a grant from this program:

5.1.1. The Secretary shall notify each clerk of the option to apply for an election system grant from the Fund. The period to apply for a grant shall remain open for 30 days from the date of the notice given to the clerk.

5.1.2. No later than 10 days after the close of the period to apply for a grant, the HAVA Grant Board shall hold a public meeting at a location designated by the Secretary for the purpose of reviewing the properly submitted applications. The HAVA Grant Board shall vote on whether to approve or deny each application. In reaching its decision, the HAVA Grant Board should consider the following:

5.1.2.a. The amount requested by the applicant;

5.1.2.b. The total amount of all requests made by all applicants;

5.1.2.c. A pro rata fraction of funds available at the time of the request. The numerator of the fraction shall be the number of registered voters in that county, and the denominator shall be the total number of registered voters in the State as of the most recently passed federal presidential election.

5.1.3. No later than 10 days after the HAVA Grant Board meeting, the State Election Commission shall meet to consider the recommendations of the HAVA Grant Board. The State Election Commission shall review and decide upon the recommendations of the HAVA Grant Board. Unless the decision of the HAVA Grant Board is arbitrary and capricious, the recommendations should be adopted by the State Election Commission: Provided, That any clerk whose application is denied by the HAVA Grant Board may appear and present good cause to the State Election Commission as to why their application should be granted.

5.1.4. The decision of the State Election Commission shall be full and final.

5.1.5. Upon approval, the county and State Election Commission shall execute any and all necessary documents required by each and perform their duties accordingly.

5.2. For the purpose of a county obtaining a loan from this program:

5.2.1. Upon receipt of a completed application for a loan, the State Election Commission shall review and approve the application, deny the application, or request additional information within 45 days. Any denial shall include a letter setting forth the reason or reasons for the denial. Any county commission receiving a denial has 30 days to amend its original application in order to comply with any necessary changes required by the State Election Commission.

5.2.2. Once a county commission has met all of the requirements of this rule, the State Election Commission shall approve the loan if funds are available.

5.2.3. Upon approval, the county commission and the State Election Commission shall enter into a contract for the repayment of the loan by equal monthly or annual payments for the length of the contract, not to exceed five years to obtain the equipment, software, and services.

5.2.4. Upon written request by the county commission, the State Election Commission may extend the repayment of the loan on a year-to-year basis for a period not to exceed five additional years. Nothing in this section should be construed to allow a loan to continue for more than 10 years from the date of the signing of the agreement.

5.2.5. Unanimous approval by the State Election Commission is required when a county commission applies for a subsequent loan from the Fund while such county commission has an outstanding loan from the fund.

W. Va. Code R. § 153-10-6 Repayment of Loans

6.1. The county commission shall promptly enter into a contract with the State Election Commission for a no-interest repayment of the loan over a period not to exceed five years or the length of the contract to obtain the equipment, software, or services, whichever is less, notwithstanding any subsequent agreement granting an extension pursuant to subsection 5.2.4 of this rule.

6.2. No county commission may apply for and receive a loan if that county commission currently has an outstanding loan from this fund which is in default.

6.3. Upon nonpayment of the loan installments by the county commission or other breach of the loan agreement, the Secretary may institute a civil action, mandamus, or other judicial or administrative proceeding to compel performance by the county commission.

6.4. The Secretary will cease any legal action upon full payment of the default amount by the county. The defaulting county commission is liable for any legal costs incurred by the Secretary in order to obtain compliance.

W. Va. Code R. § 153-10-7 Ownership

7.1. All equipment, software and services acquired through the Grant program described in section three of this Rule shall be purchased by the county and shall be the county’s exclusive property. The equipment shall be solely owned by the county.

7.2. All equipment, software, and services acquired through the Loan program described in section four of this rule shall be purchased by the Secretary from the vendor under a contract and shall be immediately turned over to the county. The equipment shall be solely owned by the county.

W. Va. Code R. § 153-10-8 Special Provisions During an Emergency

8.1. The Secretary, upon declaration of a State of Emergency or Preparedness by Governor pursuant to W. Va. Code § 15-5-6, may suspend a requirement contained in this rule if the requirement cannot be met due to measures that are necessary to comply with federal law; measures that are necessary to respond to an epidemic, pandemic, or public health crisis; or measures that are necessary to respond to an emergency. Examples of requirements which may be suspended pursuant to this section include, but are not limited to, the following:

8.1.1. The application deadlines for subgrantees set forth in section five of this rule: Provided, That that the Secretary shall issue uniform guidance for the grant application and review process in the event of a statewide emergency;

8.1.2. The pro rata allocation formula set forth in section five of this rule;

8.1.3. The application review and approval timelines for the HAVA Grant Board set forth in section five of this rule, including the timeline for public meetings; and

8.1.4. Any other provision of this rule that the Secretary determines may delay necessary action for conducting a federal election during a State of Emergency.

8.2. In the circumstances described in section 8.1. of this rule, the Secretary may take steps to initiate the grant application review and approval process described in section five of this rule, including calling necessary meetings of the State Election Commission and HAVA Grant Board, in accordance with applicable state and federal law.

8.3. Notwithstanding the requirements of this rule, a county’s application for a grant to pay for items, supplies, or materials necessary to prepare for a federal election, or to fund a purpose not expressly provided for in this rule, may be approved by the Secretary if otherwise permitted by federal law.

8.4. The provisions of this rule do not confer any additional authority upon the Secretary of State or State Election Commission to distribute HAVA funds appropriated by the United States Congress beyond the authority set forth by state and federal laws and regulations.

153CSR16

153CSR10

153CSR10

153CSR10

Series 11 Public Testing Of Ballot-Marking Voting Systems And Precinct Ballot-Scanning Devices

W. Va. Code R. § 153-11-1 General

1.1. Scope. -- To provide for ballot-marking voting systems and precinct ballot scanning systems to be publicly tested in accordance with H.B. # 2950 (2005).

1.2. Authority. -- W. Va. Code. § §3-4A-9a and 3-4A-9b.

1.3. Filing Date. -- May 9, 2006.

1.4. Effective Date. -- May 9, 2006.

W. Va. Code R. § 153-11-2 Definitions

2.1. For the purposes of this rule:

2.1.a. “Ballot-marking accessible voting system” means a device which allows voters, including voters with disabilities, to mark an optical scanning or mark-sensing voting system ballot privately and independently.

2.1.b. “Precinct ballot-scanning device” means a device used by the voter at the precinct on election day or during early voting for the purpose of scanning the voter’s ballot after the ballot has been voted but prior to depositing the ballot into the ballot box.

W. Va. Code R. § 153-11-3 Implementation of Ballot-Marking Accessible Voting System

Prior to the use of a ballot-marking accessible voting system in an election, the appropriate county authorities shall publicly test the equipment in accordance with WV Code §3-4a-13 and 17.

W. Va. Code R. § 153-11-4 Implementation of Precinct Ballot-Scanning Device

Prior to the use of a precinct ballot-scanning device in an election, the device shall be publicly tested in accordance with WV Code §3-4a-13 and 17.

W. Va. Code R. § 153-11-5 Procedures Manual for Using the Precinct Ballot-Scanning Device

5.1. At least once every two years, the Secretary of State shall provide a procedures manual for using the precinct ballot-scanning device in an election. The manual shall include a step-by-step procedure to be followed in the precinct where the device is being used.

5.2. Election officials shall carry out the procedures set out in the procedures manual when using the precinct ballot-scanning device in an election.

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153CSR11

Series 12 Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards

W. Va. Code R. § 153-12-1 General

1.1. Scope. -- These procedural rules establish the general procedures for conducting contested case hearings related to licensing of private detectives and security guards by the Secretary of State.

1.2. Authority. -- W. Va. Code ''30-18 et seq., 30-1-8 and 29A-5 et seq.

1.3. Filing Date. -- November 20, 2000.

1.4. Effective Date. -- December 21, 2000.

W. Va. Code R. § 153-12-2 Request For Hearing Following Denial Of Initial Licensure

2.1. Any individual or firm denied initial licensure may request a hearing.

2.2. The request shall be in writing and shall specify the reasons for the request and the relief sought.

2.3. Requests for a hearing following denial of initial license must be received by the Secretary of State within fifteen (15) days from the date the applicant receives the denial letter as indicated by the return receipt.

2.4. The Secretary of State may deny a hearing under this section if the request is received after the fifteen (15) day period.

2.5. Receipt of a request for a hearing by the Secretary of State shall begin the hearing process.

2.6. The requested hearing shall be held within forty-five (45) days from the receipt of the request by the Secretary of State.

2.7. A notice of the hearing shall be served upon the party requesting the hearing at least thirty (30) days prior to the hearing and shall be delivered return receipt requested in a manner required by W. Va. Code '56-2-1.

W. Va. Code R. § 153-12-3 Reapplication Following Denial Of Initial Licensure

3.1. The Secretary of State shall not accept any reapplication from any applicant who has been denied initial licensure until one (1) year has passed from the date of the denial of initial licensure unless the applicant can clearly demonstrate or document corrections or compliance with the conditions or terms which caused the denial of the initial licensure.

3.2. If an applicant reapplies for licensure within one (1) year from the date of the denial of the initial licensure and does not demonstrate or document such corrections or compliance, then the applicant shall not be entitled to a hearing on the Secretary of State's refusal to accept the reapplication.

W. Va. Code R. § 153-12-4 Required Hearings Prior To Suspension, Revocation Or Refusal To Renew; Notice

4.1. Prior to suspension, revocation or refusal to renew a license, the Secretary of State shall notify the person affected of the intent to suspend, revoke or deny renewal.

4.2. The notice shall contain a short, plain statement of the matters asserted; the date, time and place of hearing and a statement of intention to appoint a hearing examiner, if one is to be appointed pursuant to Section 9 of these rules.

4.3. Notice shall be received by the party affected at least thirty (30) days prior to the hearing and shall be delivered return receipt requested in a manner required by W. Va. Code '56-2-1.

4.4. The hearing shall be held within forty-five (45) days of the receipt of the notice by the party affected, as indicated by the return receipt requested.

4.5. Failure to appear, unless granted a continuance, on the date and at the time of the hearing shall be deemed default and a suspension, revocation or renewal denial order shall be entered and put into effect.

W. Va. Code R. § 153-12-5 Conduct Of Hearings

5.1. Any party shall have the right to be represented by an attorney-at-law, duly qualified to practice in the State of West Virginia.

5.2. The Secretary of State may be represented by the office of the Attorney General.

5.3. The rules of evidence as applied in civil cases in the circuit court of this State shall be followed.

5.4. When necessary to ascertain facts not reasonably susceptible to proof under said rules of evidence, evidence not admissible thereunder shall be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.

5.5. The agency shall be bound by the rules of privilege recognized by law.

5.6. Documentary evidence may be received in the form of copies or excerpts or by incorporation of reference.

5.7. Initially the agency shall be given opportunity to present evidence, including testimony, papers, records, agency staff memoranda and documents in the possession of the agency in support of its position.

5.8. Every party shall have the right of cross-examination of witnesses who testify, and following the conclusion of the agency's presentation, shall have the right to submit rebuttal evidence.

5.9. The Secretary of State shall have the right to cross-examine witnesses providing rebuttal testimony.

5.10. Following the presentation of all the evidence, every party, including the Secretary of State, shall have the right to offer argument, not to exceed a reasonable time limit as determined by the Secretary or the hearing examiner.

W. Va. Code R. § 153-12-6 Continuation Or Delay Of Hearing

6.1. Hearings may be continued or delayed by request of any party to the Secretary of State or at the request of the Secretary of State.

6.2. Each party, including the Secretary of State, shall be permitted only one (1) motion to continue or delay a hearing.

6.3. Any continuance or delay shall not exceed fifteen (15) days from the last scheduled date of the hearing.

6.4. A motion to continue or delay must be received by all parties affected at least five (5) days prior to the date of the hearing that is to be continued or delayed.

W. Va. Code R. § 153-12-7 Transcription Of Reported Testimony And Evidence

7.1. What reported. -- All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

7.2. Request from any party. -- Upon the request to the Secretary from any party to the hearing, all reported materials shall be transcribed and a copy thereof furnished to such party at the requesting party's expense.

7.3. Transcription in the event a hearing examiner is appointed. -- In all cases where a hearing examiner is appointed, all reported material shall be transcribed and forwarded to the Secretary. Any parties requesting a copy of a transcript prepared pursuant to this subsection shall be furnished a copy at their expense.

7.4. Responsibility for transcript. -- The Secretary shall have the responsibility for making arrangements for the transcription of the reported testimony and evidence. In the event transcription is required pursuant to this section it shall be accomplished with all dispatch.

7.5. Correction of error in transcript. -- Upon the motion of the Secretary of any party assigning error or omission in any part of any transcript, the Secretary or his duly appointed hearing examiner shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and revised in the respects designated, so as to make it conform to the whole truth.

W. Va. Code R. § 153-12-8 Submission Of Proposed Findings Of Fact And Conclusions Of Law; Time For Submission

Any party may submit to the Secretary proposed findings of fact and conclusions of law within thirty (30) days of the conclusion of a hearing or, in the event the proceedings of a hearing are transcribed, within twenty (20) days from the date the final transcript is available.

W. Va. Code R. § 153-12-9 Appointment Of Hearing Examiner; Function Of Hearing Examiner

The Secretary may, in his discretion, appoint a hearing examiner who shall be empowered to subpoena witnesses and documents, administer oaths and affirmations, to examine witnesses under oath, to rule on evidentiary questions, to hold conferences for the settlement or simplification of issues by consent of the parties and to otherwise conduct hearings as provided in Section 5 of these rules.

W. Va. Code R. § 153-12-10 Conferences; Informal Disposition Of Cases

At any time prior to the hearing or thereafter, the Secretary or his duly appointed hearing examiner may hold conferences:

(a) To dispose of procedural request or similar matters;

(b) To simplify or settle issues by consent of the parties; or (c) To provide for the informal disposition of cases by stipulation, agreed settlement or consent order.

The Secretary or his duly appointed hearing examiner may cause such conferences to be held on his own motion or by the request of a party.

W. Va. Code R. § 153-12-11 Depositions Permitted

Evidentiary depositions may be taken and read into evidence as in civil actions in the circuit courts of this State.

W. Va. Code R. § 153-12-12 Subpoenas

12.1. Where permitted. -- In accordance with any provision contained in W. Va. Code ''30-1-1 and 30-18-1, as amended, authorizing the Secretary to issue subpoenas or subpoenas dueces tecum, the Secretary or his duly appointed hearing examiner shall have the power to issue subpoenas or subpoenas duces tecum pursuant to the provisions set forth in W. Va. Code '29A-5-1b.

12.2. Time for requesting the issuance of subpoenas. -- Written requests for the issuance of subpoenas or subpoenas duces tecum as provided in Subsection 12.1 of this section shall be made no later than ten (10) days prior to a scheduled hearing.

W. Va. Code R. § 153-12-13 Orders; Content

Every final order entered by the Secretary, following a hearing conducted pursuant to these rules, shall be made pursuant to the provisions of W. Va. Code 29A-5-9a. Such orders shall be entered within forty-five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts and proposed findings of fact and conclusions of law.

W. Va. Code R. § 153-12-14 Appeal

An appeal from any final order or ruling entered in accordance with these regulations shall be in accordance with the provisions of W. Va. Code '29A-5-4.

W. Va. Code R. § 153-12-15 Severability

If any provision of these rules or the application thereof to any person or circumstance shall be held invalid, such invalidity thereof shall not affect the provision or application of these regulations which can be given effect without the invalid provision or application and to this end the provisions of these regulations are declared to be severable.

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Series 13 Early Voting In-Person Community Voting Locations

W. Va. Code R. § 153-13-1 General

1.1. Scope. -- This rule amends criteria to assure neutrality and security in the selection process for early voting in-person community voting locations and establishes processes and deadlines for establishing such precincts.

1.2. Authority. -- W. Va. Code § 3-3-2a(c).

1.3. Filing Date. -- April 24, 2023.

1.4. Effective Date. -- April 24, 2023.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.

W. Va. Code R. § 153-13-2 Definitions

2.1. For the purposes of this rule:

2.1.1. "Broadcast" means announced or advertised on over-the-air, cable, or satellite television or radio.

2.1.2. "Clerk" means the Clerk of the County Commission or other official charged with the administration of elections.

2.1.3. "Early voting" means early in-person absentee voting as provided for in W. Va. Code §3-3-3.

2.1.4. "Permanent structure" means a building or permanent fixture not erected solely for the purpose of serving as a satellite location and specifically excludes mall kiosks, mobile vehicles, motor homes, or recreational vehicles.

2.1.5. "Published" means a Class 11-0 legal advertisement as defined in W. Va. State Code §59-3-2. For counties having more than one qualified newspapers weekly, the notice must be published in each of the qualified newspapers.

2.1.6. “Community voting location or locations” means one or more locations for in-person early voting in addition to the primary location as provided for in W. Va. Code §3-3-2a.

2.1.7. “Election day” means the regularly scheduled date of a primary election according to W. Va. Code § 3-5-1, a general election under W. Va. Code § 3-1-31(a), or a special election under the authorizing statute or official act, and shall not be interpreted to refer to the first day of early in-person voting.

W. Va. Code R. § 153-13-3 Early Voting Community Voting Location Selection; Emergency Location Changes

3.1. No less than 120 days prior to election day, the clerk shall submit a proposal for an early voting community voting location in writing to the County Commission for approval or disapproval.

3.2. The proposal submitted by the clerk shall include:

3.2.1. The proposed location or locations for early voting community voting locations;

3.2.1.a. The proposed location must be in a permanent structure, with preference given to public buildings, and capable of being secured during times when election officials are not present;

3.2.1.b. The proposed location must have secure access to the internet, or telephone access, for purposes of immediately crediting the voters vote.

3.2.2. Provisions for staffing the community voting locations including a minimum of two persons as provided for in W. Va. Code §3-3-2a(d)(4): Provided, That the two (2) persons may not be registered with the same political party affiliation or two (2) persons registered with no political party affiliation. The persons may be full-time employees of the county or temporary employees hired for the period of early voting or volunteers; and

3.2.3. Any other procedures necessary for the proper conduct of an election according to provisions of W. Va. Code §§3-1-1 et seq., 3-3-2a and 3-3-3, and section five (5) of this rule, at the early voting community voting locations.

3.3. In order to assure neutrality in the community voting location selection process:

3.3.1. The county executive committees of the two major political parties may nominate sites to be used as community voting locations during the early voting period pursuant to W. Va. Code § 3-3-2a(b)(3). Nominations under this section shall be made by written request to the clerk delivered no later than 150 days prior to election day, and shall clearly list the address(es) and neutrality criteria listed in Subdivision 3.3.2 for each proposed community voting location. Upon the clerk’s approval of the written proposal, the clerk shall submit the proposal to the county commission prior to the notice deadline set forth in Subsection 3.1 of this rule: Provided, That pursuant to the clerk’s authority under W. Va. Code § 3-3-2a(b), delinquent nominations by county executive committees shall not prohibit the clerk from approving or submitting a proposal to the county commission within the deadlines set forth by law and this rule.

3.3.2. The clerk shall submit to the county commission the basis for the neutrality of the proposal. Neutrality may be assured by taking into account all or part of the following factors:

3.3.2.a. Distance from the main early voting location;

3.3.2.b. Population centers of the county;

3.3.2.c. Historic voting turnout rates of the proposed location compared to the county as a whole;

3.3.2.d. Political party affiliation ratio of registered voters in the precinct of the proposed community voting location balanced against the affiliation ratio of the county as a whole or balanced against the affiliation ration of other proposed community voting locations.

3.4. The county commission shall approve or disapprove the proposal submitted by the clerk no less than 90 days prior to election day. An early voting community voting location may continue to be used in subsequent elections without complying with the approval process if the county commission finds, and the clerk agrees, at least 50 days, but not more than 80 days, prior to the election, that the location continues to qualify under this rule according to W. Va. Code § 3-3-2a(b)(8).

3.5. No later than 60 days prior to election day, in the case of an emergency that results in the unavailability of a designated community voting location, the county commission may enter an order to move the community voting location with the clerk’s approval under W. Va. Code § 3-3-2a(b). Reasonable notice of the ordered change shall be given to the public in a clear and conspicuous manner, which may include but is not limited to public announcements, news media, social media, and posting on the county’s website.

3.6. After the deadline has passed for an emergency community voting location change under Subsection 3.5, if for any reason the election cannot be held at the designated community voting location and no provision has been made by the county commission for holding the election at another place, the election workers for that precinct may hold the election at the nearest place which they can secure for the purpose. They shall make known by proclamation to voters present at the time for opening the polls, and by posting a notice at or near the entrance of the first named community voting location, the address to the new community voting location. The county commission shall establish another place of voting for that community voting location with the clerk’s approval under W. Va. Code § 3-3-2a(b) as soon thereafter as practicable.

W. Va. Code R. § 153-13-4 Crediting of Voter Record

4.1. Any voter who votes at an early voting community voting location shall immediately be given credit in the uniform voter registration system, or an electronic poll book system, as the case may be, and the clerk shall take all necessary steps to prevent a voter from voting more than once. In community voting locations that do not have secure internet access available, the poll workers shall call the County Clerk's office, before allowing the voter to vote, to determine if the voter has already voted at another location, and to give immediate credit in the uniform voter registration system.

4.2. If internet access to the uniform voter registration system is temporarily interrupted, the voter may:

4.2.1. Wait until access has been reestablished; or

4.2.2. Go to another location to vote early; or

4.2.3. Vote a provisional ballot. The provisional ballot will not be counted unless it is confirmed at canvassing that the voter did not vote a second ballot.

4.3. W. Va. Code § 3-9-17 makes it a misdemeanor for any person to vote more than once in the same election.

W. Va. Code R. § 153-13-5 Procedures for Conducting Early Voting at Community Voting Locations

5.1. All election material and equipment used at any community voting location shall be prepared in the same manner as the equipment used during early voting at the primary location including, but not limited to:

5.1.1. Provisions for the security of ballots and other election material; and

5.1.2. Logistics and accuracy testing of voting equipment.

5.2. Counties using paper ballots or optical scan ballots must have copies of each ballot style at the early voting community voting location in numbers sufficient for the efficient conduct of early voting.

5.3. Each early voting community voting location must be open and operational in the same manner as the primary location for early voting.

5.4. Early voting at a community voting location must be available for a minimum of five (5) consecutive days during early in-person voting, but need not be available for the entire period of early in-person voting, beginning on thirteenth (13th) day before the election and continuing through the third (3rd) day before the election. A community voting location is not required to be open on Saturdays, so long as it is open for at least five (5) consecutive days.

5.5. If more than one community voting location is authorized under W. Va. Code § 3-3-2a(b), each precinct may be open on a rotating basis for a period of five (5) consecutive days or more. Each community voting location must be open for an equal number of voting days and the same number of hours per day, except for community voting locations open on Saturdays which hours shall be 9:00 a.m. to 5:00 p.m. For purposes of calculating the total number of days, Sundays are not counted.

W. Va. Code R. § 153-13-6 Security

6.1. Security of both used and unused ballots, any voting equipment and supplies and all poll books must be maintained in the same manner as at the primary early voting location according to provisions of W. Va. Code §§3-1-1 et seq., 3-3-2a(d)(2) and 3-3-3.

6.2. The official in charge of conducting early voting must provide a means by which the ballot boxes, supplies and voting equipment are secured from tampering. Ballot boxes, supplies and machines, during periods when voting is not taking place, must be locked and secured in such a way so that no person other than the officials or employees of the official designated to conduct early voting or members of the board of ballot commissioners may enter the area or room set aside for voting or access the voting equipment.

6.3. At the end of voting hours each day during early voting, the two (2) community voting location employees will record the number of the last ballot used and will record the number of votes recorded on voting equipment.

6.3.1. In counties using Direct Recording Electronic (DRE) voting system, the Personalized Electronic Ballots (PEB) shall be secured in a receptacle and sealed with a numbered seal. The seal number is to be recorded with the record of the public count from the machine.

6.3.2. In counties using ExpressVote voting system, the unused ballots shall be secured in a receptacle and sealed with two (2) locks with different keys, a numbered seal or security tape.

6.3.2.a. If locks are used, each community voting location employee shall keep one (1) key for one (1) lock so that the box cannot be open without both employees present.

6.3.2.b. If a numbered seal is used, the seal number is to be recorded with the record of the public count from the precinct scanner. If security tape is used, two (2) community voting location employees shall sign their names across the tape.

6.4. At the beginning of voting hours the next day, the two community voting location employees will record the number of the next ballot available and will check the number of votes recorded on the voting equipment. The seal(s) or security tape shall be inspected to assure there has been no tampering. Then the seal(s) shall be broken and the materials removed for voting. Any discrepancy must be immediately reported to the Clerk and no voting may take place at the community voting location until the discrepancy is resolved.

6.5. Ballot boxes and machines may not be removed from the community voting location except under the supervision of the officials or employees of the official designated to conduct early voting.

W. Va. Code R. § 153-13-7 Ballot disposition and counting

7.1. Ballots shall be counted in the manner prescribed by W. Va. Code §3-3-8.

7.2. For counties using paper ballots, the ballot boxes shall be sealed and transported by two (2) community voting location workers, of differing political affiliation, to the main early voting location before being counted.

7.3. For counties using optical scan systems, direct recording or ExpressVote equipment, the ballots and machine memory device(s) shall be sealed and transported by the two (2) community voting location workers, of differing political affiliation, to the main early voting location before being counted.

7.4. Provisional ballots will be placed in a sealed bag and transported to the main early voting location for disposition in accordance with W. Va. Code § 3-3-8(d).

W. Va. Code R. § 153-13-8 Public Notice

8.1. Not later than seven (7) calendar days before the start of early voting, the county commission shall cause a notice to be broadcast in a manner sufficient to reach a majority of citizens in the county as determined by the County Commission or published as defined in Section two of this rule, and placed on the county's website (if applicable). The notice placed on the county's website must remain on the website until the close of the early voting period. All notices shall state the location or locations and dates and hours of operation for each early voting community voting location.

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153CSR13

Series 14 Guidelines for the Use of Nicknames and Other Designations on the Ballot

W. Va. Code R. § 153-14-1 General

1.1. Scope. ‑‑ This rule clarifies the guidelines to be used by the secretary of state and the county board of ballot commissioners in determining how a name is to be printed on the ballot. See W. Va. Code § 3‑1‑21.

1.2. Authority. ‑‑ W. Va. Code § 3‑1A‑6.

1.3. Filing Date. ‑‑ May 8, 2024.

1.4. Effective Date. ‑‑ May 8, 2024.

1.5. Sunset Provision. -- This Rules shall terminate and have no further force of effect on August 1, 2029. §153‑14‑2. Allowable Additions or Alterations to Legal Names.

2.1. A nickname by which a person is commonly known, provided it does not violate the restrictions described herein, may be used on the ballot in lieu of the candidate's first name or may be placed within the name, either in quotation marks or parentheses.

Examples: Bill Trees, William "Bill" Trees, Elizabeth (Betsy) Bond, Liz Bond, Carl "Junior" Rivers, Ester "Lilly" Smith.

2.2. A candidate may use a gender honorific or contraction as a prefix to their name, or a generational suffix that is included in the candidate’s legal name.

Examples: Ms. Taylor Brown, Mr. Lamont Smith, Miss Devon Williams, Mister John “Swifty” Walters, or Missus Sophia Powell.

Examples: Ed Roe, Jr.; Thomas Orr, Sr.; Lloyd Wilson, III. §153‑14‑3. Unallowable Additions or Alterations to Legal Names.

3.1. No title, position name or other designation which is not a part of an individual's legal name shall be placed before the name on the ballot.

Examples: Dr., Rev., Capt., Col., Maj., Supt., Pres., Coach, Brother, Father, Rabbi, Chief, Auctioneer, Sen., Cong., Del., Sheriff.

3.2. No degree, rank or other designation which is not a part of an individual's legal name shall be placed before or after a name on the ballot.

Examples: Ph.D., M.D., D.V.M., CPA, R.N., Lt., Sgt. 1st Class.

3.3. No nickname which carries a common meaning which denotes status or membership in a class of persons, or which is commonly used as or suggests a title, position designation, or other similar designation shall be placed before, after, or within a name on the ballot, whether or not the candidate has or has not held the position represented by the title.

Examples: Howard "Sarge" Jones, Earl "Chief" Weber, Lydia (Doc) Miller, "General" Lee Upton, Lou (Coach) Jones, John "Congressman" Adkins.

3.4. No nickname which suggests specific action by the voter shall be placed on the ballot.

Examples: Sam "Single Shot" Roberts, Joe "Vote Straight" Jones.

3.5. No variation in the typography of a name which calls attention to that name on the ballot shall be allowed. The standard for whether the name will be used is one based on the personal common use of the name by the candidate over a period of time. The candidate's signature, legal name status pursuant to W. Va. Code §48‑5‑1, driver's license, phone book spelling, etc., can be used. If a clear preponderance of such evidence reflects the requested spelling, then it should be printed.

Examples: OTIS Slevptvacowicz, SteVen WilSon, mmm GOODman.

3.6. No slogan may be used under the guise of a nickname.

Examples: Franklin "New Deal" Roosevelt, Jimmy "Why Not The Best" Carter.

3.7. No addition to a legal name may be used to indicate associations with particular individuals or causes.

Examples: Joseph "Reagan" Johnson, Charles "Chuck Yeager" Browning, Mamie "ERA" Monroe, Alice "Gun Control" Anderson. §153‑14‑4. Maximum Length of Name.

4.1. Because space and typographical limitations affect ballot printing, the length of names on the ballot are hereby limited.

4.2. When a candidate specifies a name for the ballot which incorporates names other than his or her legal name, and which includes more than twenty‑five (25) letters, the secretary of state or county clerk may require the candidate to designate a name for the ballot including no more than twenty‑five (25) letters. If the candidate fails to comply, the secretary of state or county clerk shall use only the candidate's legal name.

Series 15 Filing Fees For Organizations

W. Va. Code R. § 153-15-1 General

1.1. Scope. -- This rule provides for the establishment of a filing fee for every registration statement filed with the Secretary of State by an organization required by law to file with the Secretary of State for which filing fees are not otherwise established.

1.2. Authority. -- W. Va. Code ''46A-6C-5(e), 46A-6G-8(d).

1.3. Filing Date. -- April 4, 2000.

1.4. Effective Date. -- April 4, 2000.

W. Va. Code R. § 153-15-2 Filing Fee

2.1. Any organization required to file a registration statement with the Secretary of State=s office, pursuant to the provisions of W. Va Code '46A-6C-1 et seq., shall pay a fee of fifty (50) dollars.

2.2. A registration statement is not complete without this fee accompanying it. A registration statement is invalid if the check used to pay the fee is returned due to a lack of funds, effective the day the returned check is received by the Secretary of State.

W. Va. Code R. § 153-15-3 Filing Fee for Purchasers of Future Payments

3.1. Any organization required to file a registration statement as a Purchaser of Future Payments with the Secretary of State=s office, pursuant to the provisions of W. Va. Code

'46A-6G-1 et seq., shall pay a fee of fifty (50) dollars.

3.2. A registration statement is not complete without this fee accompanying it. A registration statement is invalid if the check used to pay the fee is returned due to a lack of funds, effective the day the returned check is received by the Secretary of State.

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Series 16 Uniform Commercial Code Electronic Filing

W. Va. Code R. § 153-16-1 General

1.1. Scope. -- This procedural rule establishes how Uniform Commercial Code lien filings can be made using online access.

1.2. Authority. -- W. Va. Code §46-9-526 and 153CSR35.

1.3. Filing Date. -- August 4, 2006.

1.4. Effective Date. -- September 5, 2006.

W. Va. Code R. § 153-16-2 Definitions

2.1. For the purpose of this rule:

2.1.1. “Electronic record” means any record maintained in a database by the Secretary of State, which becomes available for access electronically at a remote location, and which may include those portions of the complete record as are public and considered appropriate to include in the viewable database, as determined by the Secretary of State.

2.1.2. “Online” means accessible via a computer or a computer network.

2.1.3. “Online access” means access to view any available electronic record from a remote site via the Internet, modem, or other means of electronic data communication.

2.1.4. “UCC” means the Uniform Commercial Code.

2.1.5. “User” means each concurrent use by a subscriber using a single access identification.

W. Va. Code R. § 153-16-3 Filing Fee

3.1. The filing fee for filing UCC liens online is ten dollars for any one filing, as established by W. Va. Code §45-9-525.

W. Va. Code R. § 153-16-4 Method of Payment

4.1. Payment for online filing is by credit card only.

W. Va. Code R. § 153-16-5 Information Required in an Online UCC Filing

5.1. If an organization is named as debtor, it should provide its name exactly as it appears on the corporate records, with no abbreviation unless such abbreviation appears in its corporate title. The organization cannot be a DBA and cannot be combined with another debtor.

5.2. If an individual is named as a debtor, the individual should provide its exact and full name, including suffix (“Jr.”, “Sr.”, etc.) when applicable ;

5.3. Each UCC filing made online must contain the following information:

5.3.1. the full address for the debtor;

5.3.2. the tax identification number issued by a state’s department of tax to each debtor, if available;

5.3.3. the organizational type of each debtor (LLC, Corporation, etc.);

5.3.4. the state in which the organization has been registered;

5.3.5. the identification number issued to the organization or individual when it was registered. If the organization’s state of origin does not issue organization identification numbers, mark “None”;

5.3.6. for a second debtor, the requirements of this Section are repeated. If there are more than two debtors, the addendum for additional debtors is completed using the requirements of this Section.;

5.3.7. the name of the secured party is entered using the requirements of this Section;

5.3.8. the description of the collateral. If there is not room for all information to be included, type “See attachment” and attach additional information to filing.

5.3.9. the alternative designation, if applicable; and

5.3.10. any additional information that may be helpful in the filing process.

W. Va. Code R. § 153-16-6 Acceptance and Refusal of Documents

6.1. Acceptance or refusal of liens filed online are in accordance with 153CRS35 and W. Va. Code §46-9-526. The electronic record will be reviewed. If the user has filled in all of the mandatory information, the correct fee has been paid, and no fraudulent intent is suspected, the filing will be accepted.

6.1.1. Acknowledgment of the accepted filing will be sent to the user indicated on the form.

6.1.2. Online access to the filed records is available so the user can check the filed documents if needed.

153CSR16

153CSR16

Series 17 Submission of Documents for Qualified Newspapers

W. Va. Code R. § 153-17-1 General

1.1. Scope. -- This interpretive rule establishes the conditions for approval of documents filed by a newspaper with the Secretary of State seeking to publish legal advertisements under the provisions of Article 3, Chapter 59 of the Code of West Virginia.

1.2. Authority. -- W. Va. Code §§ 29-19-3(c); 29-19-5(a); 29-19-5(c); 29-19-8; 29-19-9; 29-19-15(d).

1.3. Filing Date. – December 4, 2018

1.4. Effective Date. – January 3, 2019

W. Va. Code R. § 153-17-2 Other Documents Prescribed by the Secretary of State

2.1. Each newspaper shall submit to the Secretary of State:

2.1.1. An original Affidavit of Circulation and Qualification (Form NW-1);

2.1.2. A copy of the newspaper’s “Statement of Ownership, Management and Circulation” filed with the United States Postal Service (U.S.P.S.);

2.1.3. A copy of the mailing permit issued by the U.S.P.S.; and

2.1.4. Any other documents that are required by the Secretary of State to approve the filing of the document.

W. Va. Code R. § 153-17-3 Examination of Affidavit and Records

3.1. The Secretary of State shall examine each affidavit to insure conformity with the Newspapers and Legal Advertisements Article of the Code. Such examination shall include the following areas:

3.1.1. The affiant shall swear or affirm in the affidavit how the newspaper satisfies the statutory requirements:

3.1.1.1. The date the Board of Directors of the newspaper authorized the filing of the affidavit;

3.1.1.2. The average paid circulation in the preceding calendar year;

3.1.1.3. The number of years and months the newspaper has been continuously published;

3.1.1.4. An attestation that the newspaper has been published at least weekly for fifty (50) weeks or more in the subject calendar year;

3.1.1.5. An affirmation that the newspaper is published by having been first placed in circulation in a specified municipality and county of this State.

3.1.1.5.a. For the purpose of this rule, the phrase first placed in circulation shall mean the city and county in which the newspaper has a physical office location, and which is designated on the postal permit issued by the U.S.P.S.;

3.1.1.6. An affirmation that the newspaper is of general circulation and interest;

3.1.1.7. An affirmation that the newspaper has actual circulation throughout the publication area large enough to give a reasonable belief that a legal advertisement will give effective notice to the residents of the publication area;

3.1.1.8. That the newspaper averages four (4) or more pages in length per issue, exclusive of any cover;

3.1.1.9. The definite price of the newspaper circulated to the general public;

3.1.1.10. An affirmation that the newspaper is relied upon by the general public for events of a political, religious, commercial and social nature, and for current happenings, announcements, miscellaneous reading matters, advertisements and other notices.

3.1.2. The Secretary of State shall also examine the Statement of Ownership, Management and Circulation filed with the U.S.P.S. Such examination shall include the following areas:

3.1.2.1. Verification that the information provided in the Statement is consistent with that provided in the Affidavit.

3.1.3. The Secretary of State shall also examine the mailing permit with the U.S.P.S. Such examination shall include the following areas:

3.1.3.1. Verification that the information provided in the mailing permit is consistent with that provided in the Affidavit.

W. Va. Code R. § 153-17-4 Copies to be Filed

4.1. At the time a publisher or proprietor of a qualified newspaper files an affidavit with the Secretary of State, as required by this subsection, the publisher or proprietor shall:

4.1.1. Notify the clerk of the county commission and the board of Education of the county in which the qualified newspaper is published of the circulation classification of the qualified newspaper and of the applicable rate for publishing legal advertisements in the qualified newspaper during the ensuing twelve-month period commencing July 1st.

4.1.2. If the qualified newspaper is published in a municipality, the publisher or proprietor shall at the same time also furnish the same notification to the clerk or recorder of the municipality.

W. Va. Code R. § 153-17-5 Duties of the Secretary of State

5.1. No later than December 31st of each year, the Secretary of State shall:

5.1.1. Publish and maintain a publically accessible database available on the Secretary of State’s website to allow the local government and general public verify the filing of the qualified newspapers.

5.1.2. Issue a Certificate to each approved qualified newspaper.

Series 18 Procedures for Canvassing Elections

W. Va. Code R. § 153-18-1 General

1.1. Scope. -- This rule details procedures for the board of canvassers for canvassing the results of elections conducted with paper ballots or electronically tabulated ballots, including optical scan ballots.

1.2. Authority. -- W. Va. Code §3-1A-6.

1.3. Filing Date. -- May 7, 2018.

1.4. Effective Date. -- May 7, 2018.

1.5. This rule shall terminate and have no further force or effect on May 7, 2028.

W. Va. Code R. § 153-18-2 Definitions

2.1. "Board of canvassers" or "board" means:

2.1.a. The county commission of each county for any statewide primary, general or special election held throughout the county, and for any other election conducted in conjunction with a statewide election using the same precincts and election officials;

2.1.b. The county commission of the affected county for any special election ordered by that Commission and held throughout all or part of that county, and for any other election conducted in conjunction with that county election using the same precincts and election officials;

2.1.c. The county commission for any special levy or bond election ordered by the board of education;

2.1.d. The municipal governing body for any primary, general or special election conducted by the municipal governing body entirely within the city and not held in conjunction with any county or state election.

2.2. "Canvass" means the proceeding required by law in which the materials, equipment and results of an election are reviewed, corrected and officially recorded prior to the certification of that election.

2.3. "Election" means any statewide primary, general or special election held under the provisions of the West Virginia Code throughout the state or any of its subdivisions.

2.4. "Electronically tabulated ballots" means ballots authorized under the provisions of W. Va. Code §3-4A et seq., including those ballots referred to as optical scan ballots and ballots printed by electronic voting systems that utilize screens upon which votes may be recorded by means of a stylus or by means of touch, which are counted by means of electronic scanners or readers.

2.5. "Paper ballots" means ballots authorized under the provisions of W. Va. Code §3-1 et seq. which are counted by hand.

W. Va. Code R. § 153-18-3 Preparation

3.1. The governing body constituting the board of canvassers shall schedule the canvass to begin on the fifth day, not counting Sunday, after every election. If the fifth day falls on a Saturday or legal holiday, the canvass shall begin on the next business day.

3.1.a. For a canvass conducted by the county commission, the canvass shall be held at the county courthouse.

3.1.b. For a canvass conducted by a municipal governing body, the canvass shall be held at city hall.

3.2. A quorum of the governing body constituting the board of canvassers, must be present to conduct the canvass.

3.2.a. If a quorum of the governing body, or each governing body, is not present, the meeting will stand adjourned until the next business day.

3.2.b. If the canvass cannot be completed in one day, the board of canvassers may adjourn until the next day, and so on from day to day until the canvass is completed and the results declared.

3.3. The board of canvassers may utilize regular or temporary personnel to assist with the canvass, but all procedures must be conducted under the supervision of a quorum of the board.

3.4. The presiding officer of the governing body shall act as the presiding officer of the board of canvassers.

3.5. The clerk of the county commission for canvasses conducted by the county commission, or the municipal clerk or recorder for canvasses conducted by the municipal governing body, shall assist the board of canvassers.

3.6. The officers having custody of the materials and equipment of the election shall bring it before the board at the proper time, as follows:

3.6.a. When paper ballots were used, the ballot boxes, all packages of voted, unused, spoiled, provisional and challenged ballots, the pollbooks, tally sheets, precinct return certificates, official registration records, and cumulative returns;

3.6.b. For canvasses of electronically tabulated ballot elections, the ballot boxes, all packages of tabulated, spoiled, provisional, challenged and any unused ballots, the pollbooks, official registration records, voting devices, tabulating equipment, and computer printouts of the unofficial tabulation of the ballots for each precinct and any supplementary tabulations such as tally sheets of hand counted ballots with write-in votes prepared on election night; and

W. Va. Code R. § 153-18-4 Order of Canvassing Procedures by Voting System

4.1. For canvasses of elections conducted with paper ballots, the board of canvassers shall proceed with steps outlined in sections 5, 6, 9, 10 and 11, in that order.

4.2. For canvasses of elections conducted with electronically tabulated ballots, the board of canvassers shall proceed with steps outlined in sections 5, 6, 8, 9, 10 and 11, in that order.

W. Va. Code R. § 153-18-5 Receiving the Absentee Ballots for All Voting Systems

5.1. The clerk responsible for absentee voting for the election shall deliver to the board of canvassers all absentee ballots, lists and other documentation as follows:

5.1.a. All absentee ballots postmarked on or before election day but received after delivery to the polls, along with the original applications and a precinct list of those ballots, to be delivered in packets labeled with the precinct number;

5.1.b. All absentee ballots challenged by the county clerk, along with the original applications and a precinct list of those ballots, to be delivered in packets by precinct; and

5.1.c. All absentee ballots not postmarked by election day and received after the polls are closed, along with the original applications and a list of those ballots, to be delivered in a single packet.

5.1.d. Certification by the clerk responsible for absentee voting that the voter registration records for each absentee voter have been examined and that all unchallenged absentee ballots were cast by voters properly registered.

5.2. The board of canvassers shall open the packet of absentee ballots with late or missing postmarks received after the polls have closed, as described in subdivision 5.1.c. The board shall then:

5.2.a. Examine each absentee envelope for the postmark;

5.2.b. Count and record in the record of the canvass the number of ballot envelopes found with a late or missing postmark, return the envelopes to the packet and hold them to be sealed after the precincts have been processed; and

5.2.c. Place any ballot envelopes found to contain a postmark dated on or before election day with the materials from the proper precinct to be processed utilizing the step procedures issued by the Secretary of State according to subsection 6.1.

W. Va. Code R. § 153-18-6 Canvassing Each Precinct

6.1. At least once annually, and not less than 15 days before the first election held in that calendar year, the Secretary of State shall provide a step procedures manual for canvassing individual precincts to each governing body responsible for canvassing the returns of that election.

6.1.a. The manual shall include detailed descriptions of the steps required to verify the accuracy of the "Statement of Ballots Used", the steps required for processing absentee ballots as provided in subsections 5.1.a. and 5.2.c., and the steps required for determining the disposition of the challenged ballots.

6.1.b. The manual shall include worksheets for the board of canvassers to record the findings relating to each precinct and to enter the tallies of challenged or absentee ballots counted by the board of canvassers and added to the unofficial results.

6.2. In canvassing the precincts, the board of canvassers shall perform the step procedures and complete the worksheets for each precinct, considering one precinct at a time.

W. Va. Code R. § 153-18-7 Special Canvassing Procedures for Elections Conducted with Electronically Tabulated Ballots; Hand Counting Three Percent (3%) of Precincts

7.1. The board of canvassers shall tally by hand the ballots of a number of precincts equal to three percent of the total number of precincts in the jurisdiction, not fewer than one precinct, and with fractions rounded to the nearest whole number, as in the following table.

When the total precincts equal: Count the ballots of: 1 - 33 One precinct 34 - 66 Two precincts 67 - 100 Three precincts 101 - 133 Four precincts 134 - 166 Five precincts 167 - 200 Six precincts

7.2. The board shall identify the precincts to be counted by random selection, such as by drawing, and may not arbitrarily select.

7.3. In order to reduce the potential for error, the tally should be made with two persons reading out the votes cast on each ballot, and two other should separately record the votes read.

7.4. After the hand count of each precinct is recorded, the board shall compare the recorded tallies with the tabulated results of the same precincts.

7.5. If the difference between the tabulated results of the randomly selected precincts and the hand counted results of the same ballots is more than 1% of the total votes cast, all precincts must be hand counted.

W. Va. Code R. § 153-18-8 Declaring the Results

8.1. After the canvassing procedures have been completed for all precincts, the board shall re-total the votes cast for each candidate and for or against every issue. The board shall then declare the resulting totals and enter each total into the record of the canvass.

8.2. The board shall also announce the place and time, which shall be scheduled at least forty-eight (48) hours after the declaration, of the meeting at which the results will be certified if no recount is requested, and shall then adjourn until that time.

W. Va. Code R. § 153-18-9 Certifying the Results

9.1. If no recount is demanded according to the requirements of law, the board shall prepare duplicate certificates for a primary election for each office and each party, and for the general election for each office and ballot issue, with the total votes for each candidate or question entered in words and numbers on the certificates. In the general election, the certificates for federal, statewide, legislative and judicial offices shall be prepared in triplicate originals.

9.2. The board shall take official action to certify the results of the election, and each member of the canvassing board shall sign each certificate.

9.3. The board of canvassers shall transmit certificates for a primary election within thirty (30) days from the election, or within thirty (30) days from the completion of a recount if one is requested, as follows:

9.3.a. One of each original shall be filed with the election records of the county commission, or of the municipal governing board for a municipal primary election.

9.3.b. For candidates on the ballot only within the county, including single county districts, county offices and county executive committee, one of each original shall be filed with the clerk of the circuit court, and one copy of each shall be filed with the Secretary of State.

9.3.c. For candidates on the ballot in more than one county, one of each original shall be filed with the Secretary of State.

9.3.d. For issues on the ballot, one of each original shall be filed with the Secretary of State.

9.3.e. Upon request of the chairman of the political party executive committee of the county, a certificate showing the number of votes received by each of the candidates of the party in the county or any magisterial district therein.

9.3.f. For municipal elections, one of each original shall be filed with the municipal recorder or clerk.

9.4. The board of canvassers shall transmit certificates for a general election within thirty (30) days from the election, or within thirty (30) days from the completion of a recount if one is requested, as follows:

9.4.a. One of each original shall be filed with the election records of the county commission, or of the municipal governing board for a municipal primary election.

9.4.b. One certificate shall be mailed upon request to each candidate voted for on the ballot.

9.4.c. For candidates for President and Vice President, United States Senator, United States House of Representatives, Justice of the Supreme Court of Appeals, and judge of circuit court shall be filed with the Governor, and one copy of each shall be filed with the Secretary of State.

9.4.d. For candidates for statewide office, except Justice of the Supreme Court of Appeals, and candidates for State Senate and House of Delegates, one of each original shall be filed with the Secretary of State.

9.4.e. For issues on the ballot, one of each original shall be filed with the Secretary of State.

W. Va. Code R. § 153-18-10 Preparing for a Recount

10.1. If a recount is requested by any candidate, the board of canvassers shall proceed to certify the results for all offices and issues not subject to the recount request.

10.2. For any office in which a recount has been properly requested and a bond posted, the board shall immediately schedule a date for the recount to begin, which shall be no earlier than three days after the notices are served.

10.3. The board shall prepare the proper notices for the recount proceeding and make arrangements with the sheriff to serve the notices on each of the other candidates in the race in which the recount has been requested within twenty-four (24) hours following the meeting held for the purpose of certifying the election.

153CSR18

153CSR18

Series 19 Procedures For Filing For Authorization To do business By Voluntary Associations And Business Trusts

W. Va. Code R. § 153-19-1 General

1.1. Scope. -- This rule provides guidelines by which applications by business trusts and voluntary organizations to do business in West Virginia will be handled.

1.2. Authority. -- W. Va. Code ''47-9A-1 et seq. and 31-1-67

1.3. Filing Date. -- January 13, 1989.

1.4. Effective Date. -- February 13, 1989.

W. Va. Code R. § 153-19-2 Definitions

2.1. Business Trust. A voluntary association established for the purposes of doing business of carrying out a business transaction pursuant to the terms and provisions of a declaration or trust or any other agreement of association.

2.2. Massachusetts Trust. Any business trust formed under the agreements commonly designated as a Massachusetts Trust.

2.3. Voluntary Organization. Any association formed for the purposes of doing business in West Virginia.

2.4. Any of these organizations which purchases, acquires, holds, disposes, encumbers or any other way holds real or personal property in the state must register with the Secretary of State and the county clerk of the county in which the property is located.

W. Va. Code R. § 153-19-3 Filing Procedure

3.1. Any organization defined in '47-9A-1 of the code shall follow the following procedure:

3.1.1. The declaration of trust or articles of agreements shall be filed. This document shall include:

a. name(s) of the parties involved b. address of organization c. a clause stating the purpose(s) of the organization d. a clause providing that all parties agree to abide by the laws of the State of West Virginia e. signature(s) and address(es) of the parties involved f. appropriate notarial acknowledgement of this signature g. person to whom notice of process is to be sent.

3.1.2. A filing fee of ten dollars ($10.00) must be included.

153CSR19

Series 20 Procedures for Recount of Election Results

W. Va. Code R. § 153-20-1 General

1.1. Scope -- This rule details procedures for the board of canvassers for completing a recount of results of elections conducted with paper ballots or electronically tabulated ballots, including optical scan ballots.

1.2. Authority. -- W. Va. Code §3-1A-6.

1.3. Filing Date. -- April 10, 2015.

1.4. Effective Date. -- June 1, 2015.

W. Va. Code R. § 153-20-2 Definitions

2.1. "Board of canvassers" or "board" means:

2.1.a. The county commission of each county for any statewide primary, general or special election held throughout the county, and for any other election conducted in conjunction with a statewide election using the same precincts and election officials;

2.1.b. The county commission of the affected county for any special election ordered by the Commission and held throughout all or part of that county, for any other election conducted in conjunction with that county election using the same precincts and election officials and for any special levy or bond election ordered by the county board of education or other governing board or a special election ordered by the county board of education or other governing board and not held in conjunction with any other election conducted by the county commission; or

2.1.c. The municipal governing body for any primary, general or special election conducted by the municipal governing body entirely within the city and not held in conjunction with any county or state election.

2.2. "Recount" means the proceeding required by W. Va. Code §3-6-9 in which the tally of votes recorded for a specific elected office or on a specific issue in an election is reviewed by counting a second time the ballots containing votes for that office or issue, correcting and officially recording the results.

2.3. "Election" means any primary, general or special election held under the provisions of the West Virginia Code throughout the state or any of its political subdivisions.

2.4. "Electronically tabulated ballots" means ballots authorized under the provisions of W. Va. Code §3-4A-1 et seq., including those ballots referred to as optical scan ballots, which are counted by means of electronic scanners or readers.

2.5. "Paper ballots" means ballots authorized under the provisions of W. Va. Code §3-1-1 et seq. which are counted by hand.

2.6. “Hand-count” means a manual review and tabulation of ballots, electronically tabulated ballots, or voter-verified paper ballots, by deputized counting and recording teams.

2.7. “Voter-verified paper ballot” means a physical printout on which the voter’s ballot choices, as registered by a direct recording device, are recorded, and has the same definition as “voter verified paper audit trail” in W.Va. State Code §3-4A-2(8).

2.8. “Immediate family” means parent, child, sibling, or spouse.

W. Va. Code R. § 153-20-3 Requesting a Recount

3.1. The person requesting a recount for an elected office must be a candidate for the elected office in which the recount is requested. The person requesting a recount for a special issue election must be a voter of the jurisdiction of the election.

3.1.a. The request for a recount shall include all precincts covered by that election unless the person filing the request specifies otherwise.

3.1.b. If the candidate filing the request specifies only specific precincts to be recounted, that candidate cannot afterwards add other precincts to the list to be recounted.

3.1.c. The person filing the request, or preserving his or her right to demand a continuation of the recount, may specify precincts which are not to be hand-counted. Any precinct recounted which was not to be hand-counted, will be recounted by processing the votes as required by W.Va. Code §§3-4A-27 and 3-6-9.

3.2. A candidate shall make a request for recount within forty-eight (48) hours after the canvass. The forty-eight-hour (48) period begins when the board of canvassers publicly declares the results of the election. For offices filled by the voters of more than one county, the forty-eight (48) hours begins when the last of the counties voting for the office declares the results. Saturdays, Sundays and legal holidays are excluded when computing the forty-eight-hour (48) period.

3.2.a. A candidate shall make the request in writing to the county clerk who shall present the request to the board.

3.2.b. The recount request of an elected office shall state the name of the candidate making the request, the elected office for which the recount is requested, the precincts which the candidate is requesting to be recounted, and which recounted precincts need not be hand-counted.

3.2.c. The recount request for an issue shall state the voter's name and address and the precincts in which the recount is requested.

3.2.d. The person requesting a recount must furnish bond in an amount sufficient to pay for the cost and expenses of the recount if the results do not change. The recount bond shall be set as described in section 4.7 of this rule.

3.3. The board shall give notice of the recount to candidates who filed for the same elected office as the one in which a recount has been requested or the governing board that officially requested the special issues election in which a recount has been requested according to the provisions of section 5 of this rule.

3.4. Candidates who filed for the same elected office as one in which a recount has been requested or the governing board that officially requested the special issues election in which a recount has been requested may preserve their right to demand a recount of precincts not recounted in the original recount request or to have the recount continued and completed should the candidate or voter initiating the recount request stop the recount.

3.4.a. The candidate shall file the request to preserve the right to recount in writing to the county clerk who will present the request to the board. This request must be filed within twenty-four (24) hours from the time the notice of recount is served. Saturdays, Sundays and legal holidays are excluded when computing the twenty-four (24) hour period.

3.4.b. The request to preserve the right to recount shall state the name of the candidate(s) or of the governing board filing the request to preserve the right to recount and the intention to preserve the right to request the recount of precincts not originally requested by the initiating candidate or to continue the recount should the initiating candidate or voter stop the recount.

3.4.c. The candidate(s) or the governing board filing the request to preserve the right to recount shall furnish bond in an amount sufficient to pay for any recount cost incurred by request for a continuation of the recount or a recount of additional precincts. The bond must be the same amount as the bond required of the original candidate or voter requesting the recount.

W. Va. Code R. § 153-20-4 Preparation

4.1. If a recount is requested, the governing body constituting the board of canvassers shall certify the results for all offices and issues not subject to the recount at the end of the forty-eight (48) hour period following the declaration.

4.2. The clerk of the county commission for recounts conducted by the county commission or the municipal clerk or recorder for recounts conducted by the municipal governing body, shall assist the board.

4.3. The officers having custody of the materials of the election shall bring before the board at the appropriate time the paper ballots, the electronically tabulated ballots and the record of the tally of votes for all election precincts.

4.4. For a recount conducted by the county commission, the canvass shall be held at the county courthouse or designated annex.

4.5. For a recount conducted by a municipal governing body, the recount shall be held at city hall.

4.6. Employees of the county commission or county clerk may assist or other persons may be employed to assist in the recount.

4.6.a. No candidate or member of his or her immediate family may assist in the recount.

4.6.b. No member of a governing board which requested a special issue election or any member of a board member's immediate family may assist in the recount.

4.6.c. No voter requesting the recount of a special issue election or member of his or her immediate family may assist in the recount.

4.6.d. All persons participating in the recount proceedings shall work in teams of two (2) persons of opposite political parties, shall be deputized in writing and shall take an oath that they will faithfully perform their duties.

4.6.e. All procedures shall be conducted under the supervision of a quorum of the board.

4.7. The board shall set the amount of bond for a recount "in a reasonable amount with good sufficient surety" but not to exceed three-hundred dollars ($300.00). The recount bond amount shall be determined during the canvass procedures before any recount request is received.

4.7.a. The bond may be a cash, personal property or other bond.

4.7.b. The costs of the recount shall be paid by the candidate or voter initiating the recount, so long as it continues at his or her request. However, if the outcome of the election is reversed at the conclusion of the recount, the canvassing board shall not assess costs to the candidate or voter requesting the recount.

4.7.c. If the initiating candidate pulls ahead during the recount and stops the recount, the responsibility for costs incurred after that time then shifts to the candidate requesting the continuation, but only if the outcome is not again reversed.

4.7.d. If a recount of a special issue requested by a voter reverses its outcome during the recount and the voter stops the recount, the responsibility for costs incurred after that time then shifts to the governing board requesting the continuation, but only if the outcome is not again reversed.

4.8. The board shall immediately schedule a date for the recount to begin and shall prepare the proper recount notices to be served on each of the other candidates in the elected office in which the recount has been requested or to the governing board that officially requested the special issue election in which the recount has been requested and at the door of the place where the recount is to be held.

W. Va. Code R. § 153-20-5 Notification of Recount

5.1. The recount notice shall be served in the forty-eight (48) hour period beginning at the end of the recount request period.

5.1.a. The recount notice shall state the date, time and place of the recount.

5.1.b. The recount notice shall advise candidates who did not request a recount that, in order to preserve their right to continue the recount when stopped, notice preserving their right must be filed within twenty-four (24) hours of the time of service of the recount notice.

5.1.c. The date may not be sooner than three (3) days after the recount notice is delivered.

5.2. The recount notice shall be delivered by the sheriff of the county or the sheriff's designee

5.2.a. The recount notice shall be delivered to the candidate in person or to the members of the governing board that officially requested a special issue election in person.

5.2.b. If a candidate or member of the governing board is not found to receive the recount notice in person, the notice may be given to the spouse of the candidate or a governing board member or to some other family member over the age of sixteen (16) found at the usual place of residence of the candidate or of a governing board member.

5.2.c. If the notice is given to a person other than the candidate or a governing board member, the sheriff or the sheriff's designee shall inform the person receiving the notice of its purpose and meaning.

5.2.d. If the candidate or a governing board member or appropriate family member is not found to receive the notice, it shall be posted on the front door of the usual place of residence of the candidate or governing board member.

5.2.e. The sheriff or the sheriff's designee who delivers the notice shall record how, to whom and the time each notice is delivered.

5.2.f. If the candidate or a governing board member does not have a usual place of residence in the county where the recount notice is being served, the recount notice shall be delivered to the sheriff of the county in which the candidate or governing board member to be served does have a usual place of residence. The sheriff of that county shall serve the recount notice in the same manner as provided in this section.

5.3. For recount requests of a special issue election, the board shall also post a notice of the recount on the door of the office where the recount is to be held.

W. Va. Code R. § 153-20-6 Conducting the Recount

6.1. A quorum of the board of canvassers shall be present at all times during the recount of the ballots and the recount shall be conducted under their supervision.

6.1.a. If a quorum of the board of canvassers is not present, the recount shall stand adjourned until the next business day.

6.1.b. If the recount cannot be completed in one day, the board shall adjourn until the next business day, and so on from day to day until the recount is completed and the results declared.

6.2. The candidate or officially designated representative or voter or officially designated representative initially requesting a recount as well as the candidate(s) or officially designated representative or governing board or a member's officially designated representative who preserve their right to participate in the recount and a reasonable number of the general public shall be freely admitted to the room where the recount is being conducted. The board shall hold the recount is a room of sufficient size and satisfactory arrangement to permit such observation of the recount.

6.2.a. The official representative of a candidate, voter or governing board member shall have a written and signed statement from the candidate, voter or governing board member designating him or her as the official representative. The name of the representative must be included in the statement. Each candidate, member of a governing board, or voter initiating a recount may appoint only one official representative to act for him or her in the candidate's absence.

6.2.b. The official representative shall have the right to observe the recount proceedings including observing each ballot as it is read in a hand count process. They may view and examine the tally sheets and ballots, but may not handle the election material.

6.2.c. The candidate or his or her representative or voter or his or her representative or governing board member or his or her representative has the right to question any ballot during the recount.

6.3. The processing and handling of the ballots in a recount shall be conducted by teams consisting of two (2) persons of opposite political parties who shall be appointed and deputized in writing by the board of canvassers.

6.3.a. If a ballot is questioned, the deputized team shall reexamine that ballot and reach their finding. Any ballot questioned shall be marked to provide for its identification at any future contest of the election.

6.3.b. If a majority of the deputized team cannot agree on the intent of the voter’s markings on a ballot, it shall remain questioned and the votes for that ballot shall not be recorded.

6.3.c. Only authorized persons may handle the election materials. These persons include the board of canvassers, the county clerk, the employees of the clerk and persons specifically employed to process the election materials and who have been deputized in writing and who have taken an oath to perform faithfully their duties.

6.4. The evidence considered at a recount shall be only that obtainable from the viewing of the election material as it exists or from relevant evidence from the election commissioners, poll clerks or other persons present at the election in which the recount is being conducted. The board may not consider extraneous evidence.

6.5. When ballots are being counted by hand, two deputized teams are required. One of the deputized teams shall read the ballots together. The votes shall be read aloud so that the second deputized team that is recording the vote can hear. Each member of the recording team shall mark separate tally sheets. The recording team should compare their vote count on a scheduled basis (as an example, after every twenty (20) ballots) in order to catch marking errors.

6.6. If a recount has been requested in more than one elected office or special issue, one deputized team may handle only one elected office or special issue recount proceeding at a time. The team shall work with its elected office or special issue recount (one precinct at a time) until that recount is completed. After a recount of a particular elected office or special issue is completed, the teams that worked with the completed recount may be assigned to work with a recount of another elected office or special issue.

6.7. Each team shall count or otherwise work with only one precinct at a time. The precinct materials may not be mixed.

6.7.a. The challenged ballots of each precinct shall be handled as they were during the canvass. The same procedures shall be in place to maintain the secrecy of the ballots and to preserve them for any future contest.

6.8. Each precinct may be recounted only one time, regardless of whether recounted electronically or hand-counted. However, if after recounting a precinct, the results do not match the canvass results the ballots and tallies shall be rechecked at that time by one of the deputized teams in order to discover any error in reading the ballots or marking and computing the tally figures.

6.8.a. The candidate or voter who requested the recount has the right to stop the recount at the conclusion of any precinct by withdrawing his or her request. At this time, the candidate(s) or governing board that has preserved the right to continue may exercise that right, including identifying which precincts need not be hand-counted. Once a person has stopped the recount, he or she may not resume the recount later.

6.9. Before starting the recount, the board shall determine the order in which the precincts will be recounted. The board shall use a logical means of determining the order, either by drawing or using a sequential order, beginning with the lowest number and continuing to the highest number. The determined order should meet with the agreement of the parties to the recount or their designated representatives.

6.10. Before recounting any precincts, the board shall resolve any incorrect recordation or tabulation of votes pursuant to W.Va. Code §3-4A-29 and announce any adjusted vote totals resulting from that resolution.

W. Va. Code R. § 153-20-7 Order of Recount Procedures

7.1. For all recounts of election conducted with paper ballots, the board shall proceed as outlined in sections 3, 4, 5, 6, 8 and 9 of this rule.

W. Va. Code R. § 153-20-8 Recount by Step Procedures

8.1. The Secretary of State shall provide a step procedures manual for the recount of an election's votes cast in an elected office or special issue. The manual shall be used by each governing body responsible for recount procedures.

8.1.a. The manual shall include detailed descriptions of the steps required to review, correct and officially record the results of a designated election office in an election.

8.1.b. The manual shall include worksheets for the board to record their recount procedures and the findings for each precinct recounted.

8.2. In a recount procedure, the board shall perform the step procedures and complete the worksheets for each precinct recounted.

W. Va. Code R. § 153-20-9 Certifying the Results

9.1. The recount is not complete until the board seals the ballots in a suitable container with their endorsement and delivers them to the care of the county or municipal clerk.

9.2. Upon completion of the recount as described in subsection 9.1. of this rule, the board shall take official action to certify the result of the elected office recounted as it is determined by the recount.

9.3. The board shall prepare duplicate certificates for a primary election for each elected office considered by the recount with total votes for each candidate in the recounted office. The certificates shall be in words and numbers. In a general election, the certificates for federal, statewide, legislative and judicial offices shall be prepared in triplicate originals.

9.4. Each member of the board shall sign each certificate.

9.5. The board of canvassers shall prepare and transmit the certificates for elected offices and special issues involved in the recount as directed in W. Va. Code §§3-6-10 and 3-6-11.

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Series 21 Election Law Violations Complaint Process

W. Va. Code R. § 153-21-1 General

1.1. Scope. -- These rules establish the procedure for filing, investigation, and resolution of elections law violation complaints. These provisions do not apply to elections’ recounts or contesting an election outcome and are not a substitute for the provisions provided by West Virginia Code for those processes.

1.2. Authority. -- W. Va. Code §§3-1-50 and 3-1A-6(b).

1.3. Filing Date. -- August 30, 2013.

1.4. Effective Date. -- September 30, 2013.

W. Va. Code R. § 153-21-2 Definitions

2.1. "Alternate dispute resolution” means the procedure for resolving any complaint which has not been resolved by the Secretary within ninety days of receipt of the complaint.

2.2. "Complaint” means any notarized report, on forms provided by the Secretary of State, sworn to and signed by an individual, alleging a violation of the provisions of West Virginia Code, Chapter Three, which has occurred, is occurring, or is about to occur.

2.3. "Complaint procedure” means the state-based administrative complaint filing and resolution process required by W. Va. Code §3-1-50. This process does not apply to election recounts or election result contests. A complainant who wishes to challenge the validity of a primary, general, or special election, or to determine the validity of a ballot or vote must seek relief as otherwise provided by law.

2.4. “Complainant” means the person who has filed the formal complaint.

2.5. "Final determination” means the decision of the Secretary of State or State Elections Commission regarding the validity, timeliness, and appropriateness of the complaint and, if found to be so, whether a report should be filed with the prosecuting attorney who has jurisdiction over the criminal violations suggested by the investigation of the complaint.

2.6. "Hearing" means an administrative process before a hearing officer or representative designated by the Secretary of State conducted to permit the presentation of evidence regarding the alleged violation.

2.7. "Hearing Officer" means the person designated by the Secretary of State to conduct the hearing, administer oaths, receive testimony, documentary and other evidence.

2.8. "Publish the results” means a written notice by the Secretary provided to the complainant and respondent that there has been no violation and the complaint has been dismissed.

2.9. “Receipt of complaint” means the day on which the Secretary of State actually receives the fully completed complaint form regardless of how submitted.

2.10. “Receive” means the date actually received by the party but is presumed to have been received no later than four (4) working days after mailing by the Secretary.

2.11. “Respondent” means the person accused of wrongdoing, or some other violation, in the complaint.

2.12. “Working day” means a day when the Secretary of ’s office is open to the public.

W. Va. Code R. § 153-21-3 Complaint Filing

3.1. Prescribed Forms.

3.1.1. Any complaint filed with the Secretary of must be in writing and on a prescribed form provided by the Secretary;

3.1.2. The prescribed form is available on the website of the Secretary and may also be obtained by calling or writing the offices of the Secretary of and requesting a form.

3.2. Information Required:

3.2.1. The form must contain the following:

3.2.1.a. The form must be signed by the complainant;

3.2.1.b. The complainant must have sworn to the accuracy and truthfulness of all information on the form;

3.2.1.c. The signature and affirmation of the complainant must be notarized by a notary public;

3.2.1.d. The complainant must describe the nature of the alleged violation;

3.2.1.e. The complainant must provide the name, if known, of the person alleged to have committed the violation;

3.2.1.f. The complainant must provide the title of the office held or sought, if any, by the person alleged to have committed the violation;

3.2.1.g. The complainant must provide his or her address and phone number;

3.2.1.h. The complainant must provide the nature of the relief or remedy requested of the secretary; and

3.2.1.i. The violation described by the complaint must, on its face, identify an election or voting violation, error, or other irregularity over which the Secretary has jurisdiction.

3.2.2. Any complaint form which does not provide all of the required information required by subsections 3.2.1.a through 3.2.1.h, shall be returned to the person making the complaint without further processing by the Secretary of .

3.2.3. A complainant may withdraw his or her complaint at any time prior to a final determination by the Secretary or the Commission. The withdrawal notice must be in writing.

The secretary shall notify the respondents of the withdrawal of the complaint.

3.3. Time Limits for Filing.

3.3.1. W. Va. Code §3-9-24 and other statutory references to limitations on prosecutions of crimes notwithstanding, a complaint form meeting all requirements of subsections 3.2.1.a through 3.2.1.i of this rule must be received by the Secretary within thirty (30) days of the occurrence of the event that forms the basis for the complaint, or within thirty (30) days after the complainant knew, or reasonably should have known, of the occurrence of the event, whichever is later.

3.3.2. Any complaint form received after the time permitted for filing shall be dismissed by the Secretary. An otherwise timely complaint form, but one which does not meet all requirements of subsections 3.2.1.a through 3.2.1h, shall be returned to the complainant. The complainant shall be allowed ten (10) working days to file a corrected form providing all required information or the complaint shall be dismissed.

W. Va. Code R. § 153-21-4 Complaint Where Secretary Is Respondent Or Has Conflict Of Interest

4.1. If the complaint alleges that the Secretary, personally but not in his or her official capacity, is a named respondent or is otherwise conflicted, then the Secretary may refer the complaint to the Attorney General for resolution. The Attorney General shall follow the procedures set forth in sections 5 and 6 of this rule.

W. Va. Code R. § 153-21-5 Complaint Investigation Process

5.1. Within ten (10) working days of receipt of the complaint the Secretary shall have reviewed the nature of the complaint and shall have determined whether the complaint has met the jurisdictional requirements of subsection 3.2.1.i.

5.1.1. If the Secretary determines that no jurisdiction exists, the Secretary shall dismiss the complaint and notify the complainant of the action.

5.1.2. If the Secretary determines that jurisdiction over the complaint may exist, the Secretary shall provide notice describing the allegations in the complaint, but not the identity of the complainant, to any respondent.

5.1.3. If the Secretary determines that the complaint involves an investigation contemplated by W. Va. Code §§3-8-8(f) or 3-1B-4, the Secretary shall notify the requesting party that the complaint has been referred to the Election Commission.

5.2. Respondent may file any written reply within ten (10) working days from receipt of notice of the complaint.

5.2.1. The respondent’s written reply shall be signed and must include a verification or affirmation that the information contained is true and correct.

5.3. Investigations shall be conducted by qualified persons employed by the Secretary under the provisions of W. Va. Code §3-1A-8.

5.4. Sections subsequent to this section are not applicable if:

5.4.1 Within thirty (30) days of receiving the complaint and after determining that there is jurisdiction, the Secretary determines that:

5.4.1.a. the allegations in the complaint may warrant a criminal investigation, and

5.4.1.b. That any criminal investigation may be impeded or endangered by the administrative complaint procedure contained in this section.

5.4.2. Within three days of finding that the administrative complaint procedure contained in this section does not apply, the Secretary shall notify the complainant in writing that the allegations contained in the complaint may result in a criminal violation and, therefore, the administrative procedure contained in sections 5.5 et seq of this rule is inapplicable.

5.4.3. If the requirements of 5.4.1 and 5.4.2 are not met, then the administrative complaint procedure contained in sections 5.5 et seq pf this rule is applicable.

5.5. Final Determination

5.5.1. Within ninety days of receipt of the complaint form the Secretary shall make a final determination of the complaint in one of the following manners:

5.5.2. Dismissal of the complaint after determination that the alleged violation is not subject to this process per subsection 3.2.1.i.

5.5.3. Dismissal of the complaint after determination that there has been no violation;

5.5.4. Dismissal of the complaint if it alleges a claim for which relief cannot be granted or for which a remedy is not available;

5.5.5. Dismissal of the complaint when a complainant who has requested a hearing fails to appear at the hearing when scheduled;

5.5.6. Completion of investigation and report to local prosecuting attorney concerning possible violations of election laws; or

5.5.7. Completion of investigation and, if mistake or misconduct which does not involve possible violations of election laws is found, inform the responding party of the nature of error committed and take appropriate administrative steps to address any misconduct.

5.5.8. Final determinations and remedies shall not include an award of monetary damages or attorney fees.

5.5.9. A final determination may not invalidate any vote or ballot, or cancel or delay any election. Parties seeking to invalidate or change an election outcome must pursue legal remedies and procedures provided by statute.

5.5.10. A final determination may not be used as evidence, or cited as controlling, in the prosecution or defense of any proceeding arising from the events alleged to have been a violation.

5.6. The complainant may agree to an extension of the ninety (90) day deadline requested by the Secretary.

5.7. The Secretary may consolidate complaints involving the same actions or events or that raise common questions of law or fact.

5.8. Except as otherwise provided by code or this regulation, all details of any investigation, including the existence of any investigation, are confidential and may not be released by the Secretary of .

W. Va. Code R. § 153-21-6 Complaint Hearing Procedures

6.1. Except for those investigations contemplated by W. Va. Code §§3-8-8(e) and 3-1B-4, a complainant may request a hearing.

6.1.1. A request by the complainant for a hearing may be submitted with the complaint form filed with the Secretary.

6.1.2. A request for hearing by the complainant must be filed no later than ten (10) working days after the filing of the complaint.

6.2. If a hearing has been requested and is permitted by law, the Secretary may designate a hearing officer to conduct the hearing.

6.3. The hearing officer shall schedule the hearing at a date which shall reasonably permit the delivery to the Secretary a summary of the evidence presented, no later than the eightieth (80 th ) day after receipt of the complaint.

6.4. The complainant shall be given at least ten (10) days notice of the hearing date and time.

6.5. The hearing shall be conducted at the offices of the Secretary in Charleston.

6.6. At the discretion of the hearing officer, hearings may take place telephonically.

6.7. The hearing shall be closed to the public.

6.8. The hearing officer shall limit the scope of any evidence and testimony at the hearing to that which is relevant to the original complaint. A complainant may not raise new issues or complaints at the hearing.

6.9. Conduct of Hearing

6.9.1. The hearing shall be adjourned, or continued for good cause only, at the discretion of the hearing officer;

6.9.2. The hearing officer need not strictly apply the Rules of Evidence;

6.9.3. All witnesses shall be sworn;

6.9.4. Witnesses shall be sequestered;

6.9.5. The hearing officer may, in his or her discretion, admit credible hearsay evidence;

6.9.6. The Secretary of , or his or her representative may question any witnesses;

6.9.7. If the hearing is on consolidated complaints, the complainants may be required to designate a single representative to give evidence for the consolidated class;

6.9.8. Within ten (10) days of the adjournment of the hearing, the hearing officer shall submit to the Secretary a summary of the evidence presented.

W. Va. Code R. § 153-21-7 Alternate Dispute Resolution Procedures

7.1. If the Secretary cannot resolve the complaint within ninety (90) days of filing, or at the conclusion of any additional time agreed to by the complainant, the Secretary shall provide an alternate means for resolving the complaint.

7.2. The alternate dispute resolution shall resolve the complaint within sixty (60) days of the end of the original ninety (90) day deadline.

7.3. No later than five (5) days after the end of the ninetieth (90 th ) day following receipt of the complaint, if additional time has not been agreed to by the complaining party, the Secretary shall schedule a meeting of the Election Commission to address the complaint.

7.4. The Commission shall be provided with copies of all documentary information, the complaint form, any other non-privileged materials, and the hearing officer’s summary of evidence (if a hearing had been conducted) obtained as a result of the investigation to that point.

7.5. By majority vote, the Commission shall resolve, in one of the ways provided by section

5.4 of this regulation, the complaint within the sixty (60) day resolution requirement.

7.6. The decision of the Commission is final and is not subject to appeal.

Series 22 Filing Procedures for Political Party Executive Committee Membership Lists

W. Va. Code R. § 153-22-1 General

1.1. Scope. -- This procedural rule establishes a uniform procedure for political party executive committees to file membership lists with the Secretary of State as required by W. Va. Code § 3-1-9(g).

1.2. Authority. -- W. Va. Code §§ 3-1-9(g) and 29A-3-3.

1.3. Filing Date. -- July 27, 2022

1.4. Effective Date. -- August 26, 2022

W. Va. Code R. § 153-22-2 Definitions

2.1. “Membership list” means a full listing of a political party’s current executive committee membership for any political district, which shall include the information required by section 5 of this Rule. Pursuant to W. Va. Code § 3-1-9, all information included in a membership list is public information and not exempt from the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.).

W. Va. Code R. § 153-22-3 Initial Membership List Filling and Appointment Procedure Following an Election; Failure to File

3.1. This section only applies to executive committee membership list filing and vacancy appointments made immediately following a regularly scheduled election. For all other executive committee membership changes occurring after the initial filing of a membership list, follow the procedures set forth in section 4 et seq. of this Rule.

3.2. By no later than July 31 immediately following the certification of a regularly scheduled election for an executive committee, the newly elected executive committee shall file an initial membership list with the Secretary of State.

3.3. If the new executive committee filled any vacancies in its membership existing immediately after the election pursuant to W. Va. Code § 3-1-9(g), the executive committee shall submit with its initial membership list an appointment form for each appointee.

W. Va. Code R. § 153-22-4 Deadline for Filing Updated Political Party Executive Committee Membership Lists and Required Forms with the Secretary of State; Effect of Late Submission or Incomplete Filing

4.1. Pursuant to W. Va. Code § 3-1-9(g), a current listing of all political party executive committees’ members shall be filed with the Secretary of State by:

4.1.1. The end of July of each year; and

4.1.2. Within 10 days of a change in executive committee membership. A change occurs when a person is appointed to fill a vacancy on the executive committee, or when an executive committee member’s seat is vacated.

4.2. When an appointment to fill a vacancy is made, all of the following forms shall be submitted to the Secretary of State within 10 days of the change occurring:

4.2.1. An updated complete membership list of all current executive committee members, which includes all information required by section 5 of this Rule;

4.2.2. An appointment form for each appointee; and

4.2.3. A letter of resignation or other writing signed and dated by the vacating executive committee member (if applicable).

4.3. If any of the forms listed in section 4.2 are not filed with the Secretary of State within 10 days of a change occurring, pursuant to W. Va. Code § 3-1-9(g) the appointment does not take effect and shall be deemed invalid. In the case of an untimely vacancy appointment or updated membership list filing, the executive committee must make another appointment and file the updated membership list with any required additional forms within 10 days of the appointment.

W. Va. Code R. § 153-22-5 Forms and Required Information for Membership Lists

5.1. Updated membership lists shall be submitted on the form prescribed by the Secretary of State.

5.2. Membership lists, appointment forms, and resignation letters may be filed with the Secretary of State in electronic form via email or fax, U.S. mail, or hand delivery. The date of filing shall be the electronic timestamp for an email or fax, postmark or postage meter date for U.S. mail, or the date of hand delivery, as the case may be.

5.3. A membership list filed with the Secretary of State shall include all of the information required by W. Va. Code § 3-1-9(g) for each current executive committee member, which is as follows:

5.3.1. Member’s full name;

5.3.2. Member’s gender;

5.3.3. District member resides in;

5.3.4. County member resides in;

5.3.5. Member’s full address;

5.3.6. Member’s telephone number;

5.3.7. Member’s employer;

5.3.8. Method of member’s selection (election or appointment); and

5.3.9. Date of election or appointment.

5.4. A membership list template is available from the Secretary of State’s website or upon request to the Secretary of State’s Election Division (ElectionSupport@wvsos.com).

Series 24 Numbered Divisions For The Election Of Circuit Judges

W. Va. Code R. § 153-24-1 General

1.1. Scope. -- To make uniform the implementation of W. Va. Code '3-1-17 requiring that judges in multi-judge circuits be elected within numbered divisions each including only one judge.

1.2. Authority. -- W. Va. Code ''3-1A-6, 3-1-17

1.3. Filing Date. -- April 22, 1996.

1.4. Effective Date. -- June 7, 1996.

W. Va. Code R. § 153-24-2 Designation of Numbered Divisions

2.1. Each judicial circuit shall contain as many divisions as there are judges within the circuit as established by W. Va. Code '51-2-1.

2.2. Within each circuit having more than one judge, the divisions shall be designated as in the following examples:

2.2.1. Full designation: 1st Judicial Circuit, 2nd Division

2.2.2. Short form: 1st Circ., 2nd Div.

2.2.3. Abbreviation: Circ. 1/2

2.3. When the number of judges in a circuit is increased or decreased by the Legislature, the number of divisions shall automatically be adjusted and any added position shall be assigned the next number in the sequence.

2.4. The secretary of state shall post a list of numbered divisions up for election and shall distribute that list to each circuit court clerk by the first Monday in January of each election year.

W. Va. Code R. § 153-24-3 Nomination of Circuit Judges in Numbered Divisions

3.1. Certificate of candidacy.

3.1.1. Each person seeking nomination to the office of judge of the circuit court shall file a certificate of candidacy in the time, manner and place required by W. Va. Code '3-5-7, and shall pay the filing fee or file the petition in lieu of filing fee as required by W. Va. Code ''3-5-8 and 3-5-8a.

3.1.2. On the certificate of announcement, the candidate shall state the numbered division of the judicial circuit which he or she is seeking, except in circuits having only one judge.

3.1.3. Any certificate of announcement for judge in a multi-judge circuit shall not be deemed to have been properly filed unless a circuit and a single numbered division within the circuit is clearly designated as the division sought. The secretary of state or the board of ballot commissioners, as the case may be, shall not certify the candidacy of any person who fails to designate a circuit and a single division.

3.1.4. No candidate for circuit judge shall be permitted to be a candidate for office in more than one division, as required by W. Va. Code '3-5-7(f).

a. A candidate who files two (2) or more certificates of announcement designating different divisions and pays the required filing fee for each different division shall not be eligible to be certified as a candidate for any division unless a signed notarized statement of withdrawal from all but one designated division is filed no later than the close of candidate filing. All filing fees are non-refundable.

b. The secretary of state, or circuit clerk, as the case may be, shall immediately reject and return the filings of a candidate who simultaneously files two (2) or more certificates of announcement designating different divisions accompanied by a single filing fee.

3.2. Ballot arrangement of candidates for circuit judge.

3.2.1. Divisions shall be placed on primary and general election ballots in numerical order.

3.2.2. The heading for each division on the primary election ballot shall be as nearly as possible as follows:

For Circuit Court Judge (No) Judicial Circuit, (No.) Division (Vote for One)

3.2.3. Only those candidates certified for placement on the ballot within a specific numbered division shall appear under that division heading.

3.3. Nomination of candidates in numbered divisions.

3.3.1. Each political party may nominate only one candidate for circuit judge for each numbered division of a judicial circuit for multi-judge circuits.

3.3.2. The board of canvassers, in issuing the certification of results for candidates for circuit judge, shall designate the circuit, the numbered division, the candidates for judge within that division and the votes received in words and numbers.

3.3.3. The secretary of state for multi-county circuits, and the board of ballot commissioners for single county circuits, shall certify the nomination of the candidate of each party receiving the highest number of votes within each division.

W. Va. Code R. § 153-24-4 Election of Circuit Judges in Numbered Divisions

4.1. Only candidates who have filed a proper certificate of announcement within the time required and who have been nominated in the primary election or by petition shall be certified for placement on the general election ballot.

4.2. The board of canvassers shall, in issuing the certificate of results of the general election, designate the judicial circuit, the numbered division, the candidates for judge within that division and the votes received in words and numbers.

4.3. The governor shall, upon ascertaining the results within each numbered division, proclaim the results of the election and thereafter proclaim those judges duly elected.

W. Va. Code R. § 153-24-5 Continuity of Numbered Divisions

5.1. The numbered divisions as designated shall continue to be so designated for election purposes.

5.2. Provisions relating to the designation of chief judge or the assignment of terms of court within various counties within a circuit are not affected by the designation of divisions.

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Series 27 Procedures for Handling Ballots and Counting Write-In Votes in Counties Using Optical Scan Ballots

W. Va. Code R. § 153-27-1 General

1.1. Scope. -- This rule provides guidelines for the counting of write-in votes in counties that use the optical scan ballot systems.

1.2. Authority. -- W Va. Code §§3-1A-6, 3-4A-27, 3-6-4a, and 3-6-5.

1.3. Filing Date. -- May 7, 2018.

1.4. Effective Date. -- May 7, 2018.

1.5 This rule shall terminate and have no further force or effect on May 7, 2028.

W. Va. Code R. § 153-27-2 Definitions

2.1. "Attempted write-in vote" means any mark in a write-in voting position on a ballot or any writing, stamping or attaching by sticker of a name in the position provided for write-in votes to be entered for the voting system.

2.2. "Central counting center" means the room in the county courthouse where the ballot boxes are opened and the ballots processed and tabulated on election night.

2.3. "Inspection team" or "ballot box team" means two persons, one from each major political party, appointed and deputized according to §3-4A-27 by the clerk of the county commission for the purpose of opening ballot boxes and verifying the statement of ballots used.

2.4. "Official write-in candidate" means one who has filed a write-in candidate's certificate of announcement and has been certified according to the provisions of W. Va. Code §3-6-4a.

2.5. "Overvote" means a combination of votes for an office which results in the voter casting more votes for that office than there are persons to be elected. For example, a person who marks one party nominee and also casts an attempted write-in vote for the same office and only one person is to be elected has "overvoted," whether or not the write-in vote can be counted.

2.6. The "proper location for entering a write-in vote" shall mean:

2.6.1. for optical scan systems, on or near the blank line labeled "WRITE-IN, IF ANY" positioned under the office for which the vote is cast.

2.7. "Resolution team" means two persons, one from each major political party, appointed and deputized according to W. Va. Code §3-4A-27 by the clerk of the county commission of a county using an optical scan voting system, for the purpose of examining ballots isolated by the tabulator because of damages, flaws, unreadable marks, or other defects, and determining whether the ballot must be duplicated or hand counted in order to tabulate the ballot accurately.

2.8. "Valid write-in vote" means a vote cast for an official write-in candidate by permitted means which includes the following elements:

2.8.1. a mark in the voting position specified for write-in votes for the office; and

2.8.2. an entry of the name of the official write-in candidate in the proper location, which shall include the first name, or last name, or both first and last names in such a way that the intention of the voter can be determined;

2.9. "Write-in counting team" or "counting team" for optical scan systems means two persons, one from each major political party, appointed and deputized according to W. Va. §3-4A-27 by the clerk of the county commission for the purpose of examining ballots containing attempted write-in votes, determining which of those votes are valid write-in votes, and determining whether the ballot must be temporarily altered or duplicated in order to tabulate the remaining offices accurately.

2.10. "Write-in counting team" or "counting team" for means two persons, one from each major political party, appointed and deputized according to W. Va. Code §3-4A-27 by the clerk of the county commission for the purpose of examining ballots containing attempted write-in votes, determining which of those votes are valid write-in votes, and determining whether the ballot must be duplicated or hand counted in order to tabulate the remaining offices accurately.

W. Va. Code R. § 153-27-3 Casting and Counting Write-in Votes

3.1. Valid write-in votes may be cast and counted for the election for any official write-in candidate for election to an office or party position other than Delegate to National Convention, but not for the nomination of any candidate. Write-in votes for any person or name other than an official write-in candidate shall be disregarded.

3.2. An attempted write-in vote shall be counted when the write-in counting team or resolution team finds the vote meets the conditions of a "valid write-in vote" as defined in Section 2.8 of this rule, as well as the provisions of W. Va. Code § 3-6-5, and does not create an overvote for the office.

3.3. Acceptable means of making a write-in vote include printing or writing with pen or pencil, imprinting with an inked rubber stamp, and attaching a sticker or gummed label.

W. Va. Code R. § 153-27-4 Procedures for Optical Scan Ballots

4.1. The clerk of the county commission shall appoint the following teams of persons to process ballots at the central counting center:

4.1.1. As many inspection teams as are needed to efficiently sort the incoming ballots and complete the procedures for all precincts in the county;

4.1.2. As many write-in counting team as are needed to efficiently review the ballots containing attempted write-in votes and to complete the procedures for all precincts in the county.

4.1.3. One or more resolution teams as needed to efficiently complete the procedures and prevent delays in completing the tabulation for all precincts in the county.

4.2. Each inspection team shall handle the ballots of only one precinct at a time, so as not to intermingle the ballots of various precincts. Each team shall remove the ballots from the ballot box, sort the ballots into stacks of ballots with write-in votes and ballots without write-in votes, and complete any other procedures required or directed by the clerk of the county commission.

4.3. Each write-in counting team shall proceed as follows:

4.3.1. They shall handle the ballots of only one precinct at a time.

4.3.2. They shall examine the ballots containing attempted write-in votes one by one in order to determine whether the write-in vote shall be counted and whether any temporary alteration or duplication of the ballot is necessary.

4.3.2.a. They shall determine whether any official write-in candidates have filed for offices on the ballot in the precinct under consideration. If there are official candidates, they shall proceed to the next step, 4.3.2b. If not, the ballot shall be reviewed as an invalid write-in. (under step 4.3.3.b or c.)

4.3.2.b. They shall examine the attempted write-in vote to determine whether the name of an office to be filled in that election is given. If not, the attempted vote shall be disregarded, and the ballot placed in the stack to be tabulated. If an office to be filled is named, they shall proceed to the next step, 4.3.2.c.

4.3.2.c. They shall then determine if the vote is entered in the proper place for write-in votes. If the name is entered in the proper location, they shall proceed to the next step, 4.3.3. If not, the ballot shall be reviewed as an invalid write-in, step 4.3.3.b or c.

4.3.3. They shall examine the write-in vote to determine if it is a valid write-in vote, as defined in section 2.8. of this rule.

4.3.3.a. If the counting team finds the entry is a valid write-in vote, they shall then examine the ballot to determine whether the voter has overvoted for the office for which the write-in vote was cast.

4.3.3.a.1. If there is no overvote, a tally mark shall be entered on the write-in record sheet for the precinct, and the ballot placed in the stack to be tabulated.

4.3.3.a.2. If there is an overvote, no tally mark shall be entered, and the ballot placed in the stack to be tabulated.

4.3.3.b. If the counting team finds the write-in position was marked but the name entered is not an official write-in candidate, they shall place the ballot placed in the stack to be tabulated.

4.3.3.c. If the counting team finds the write-in position was not marked, they shall then examine the ballot to determine whether the voter's intention for the office is clear.

4.3.3.c.1. If the attempted write-in would not have caused an overvote had it been a valid vote, the voter's intention is clear. The ballot shall be placed in the stack to be tabulated.

4.3.3.c.2. If the attempted write-in would have caused an overvote or would have caused a vote to be rejected for that office had the vote been a valid write-in, the voter's intention is not clear. The write-in team shall place a black sticker over the write-in position or duplicate the ballot according to the provisions of W. Va. Code §3-4A-27(d), and mark the write-in position so as to cause the tabulator to reject the overvote The duplicate ballot shall be placed in the stack to be tabulated, or held in a separate stack until the group to be tabulated is complete.

4.4. A ballot shall be duplicated only if there is a mark which makes correct tabulation impossible, or the ballot is so badly damaged it will not go through the scanner;

4.4.1. All duplicated ballots shall be numbered in red ink corresponding to the original ballot beginning with one (1) and continuing in sequence (for example, if there are five (5) ballots to be duplicated for a precinct, the numbers assigned would begin with one (1) and end with five (5).);

4.4.2. When any ballot is duplicated, the original ballot shall be retained with the duplicate.

4.5. For each precinct, a careful tally of write-in votes and all other votes counted manually under this procedure shall be kept by each deputized person designated to count ballots containing write-in votes;

4.6. Once all the ballots are stacked for the tabulator and all valid write-in votes tallied, the ballots shall be delivered as directed by the clerk to the team in charge of the tabulator.

4.7. One resolution team shall be present at the tabulator to review any ballots isolated by the tabulator.

4.7.1. The resolution team shall begin the review of isolated ballots immediately, and shall complete the review and any necessary temporary alteration or duplication according to the procedures of subsection 4.3 and W. Va. Code § 3-6-5 in order to reflect the voter's intention and shall return the ballots for tabulation.

4.7.2. The results of the precinct tabulation shall not be posted until the resolution team has completed its work and all ballots from the precinct have been tabulated.

4.8. As soon as practical after the tabulation of the precinct, the tally of all tabulated and write-in votes for announced write-in candidates shall be posted for public inspection.

153CSR27

153CSR27

Series 28 Agencies Designated To Provide Voter Registration Services

W. Va. Code R. § 153-28-1 General

1.1. Scope - To designate those agencies and programs required to provide voter registration according to the provisions of the W. Va. Code §3-2-13.

1.2. Authority - W. Va. Code §§3-1A-6 and 3-2-13.

1.3. Filing Date -- May 16, 2005.

1.4. Effective Date -- May 16, 2005.

W. Va. Code R. § 153-28-2 Definitions

For the purposes of this rule:

2.1. "Designated agency" means a department, division or office of state or local government, or a program supported by state funds which is designated by this rule to provide voter registration services according to the provisions of W. Va. Code §3-2-13 beginning July 1, 1999.

2.2. "Public assistance agency" means a designated agency which receives applications for assistance as defined in W. Va. Code §9-1-2(e) for which an income means test is applied for determination of eligibility for assistance and includes the food stamp program, Temporary Assistance to Needy Families, the "Women, Infants and Children" (WIC) program and the Medicaid program as specified in W. Va. Code §3-2-13(b)(1).

2.3. "Disabilities Services agency" means a designated agency primarily engaged in providing services to persons with disabilities.

2.4. "Offices which issue marriage licenses" means those sections or divisions of the offices of the clerk of the county commission and/or those employees assigned to provide or receive marriage license applications, and shall not include those sections, divisions or employees delivering other services of the clerk's office.

W. Va. Code R. § 153-28-3 Designated Public Assistance Agencies

Voter registration services will be provided to applicants for services through:

3.1. the Temporary Assistance to Needy Families, the Food Stamp program, the Transportation Remuneration and Incentive Program (TRIP), the Emergency Assistance Program, the Low Income Energy Assistance Program (LIEAP) and the Medicaid program within the West Virginia Department of Health and Human Resources;

3.2. the Women, Infants and Children program (WIC) under the Nutrition Services Section, Bureau of Public Health within the West Virginia Department of Health and Human Resources; and

3.3. the Homeless program under the Social Services Division within the West Virginia Department of Health and Human Resources.

W. Va. Code R. § 153-28-4 Designated Disabilities Services Agencies

Voter registration services will be provided to applicants for services through:

4.1. the WV Bureau of Senior Services under the Governor’s Office;

4.2. programs offered by the WV Commission for the Deaf and Hard-of-Hearing within the West Virginia Department of Health and Human Resources;

4.3. the early Intervention program and the Handicapped Children program under the Infant and Child Health section within the West Virginia Department of Health and Human Resources;

4.4. the Behavioral Health Services program within the West Virginia Department of Health and Human Resources;

4.5. programs offered by the Blind and Handicapped Division of the Library Commission and the Division of Rehabilitation Services within the West Virginia Department of Education and the Arts;

4.6. programs offered by the West Virginia School for the Deaf and Blind within the West Virginia State Board of Education; and

4.7. programs offered by the Division of Veteran Affairs within the West Virginia Department of Public Safety.

W. Va. Code R. § 153-28-5 Designated County Marriage License Offices

The county offices which issue marriage licenses within the office of the clerk of the county commission in each county of the state are designated to provide voter registration services.

153CSR28

153CSR28

Series 29 Trademarks And Service Marks

W. Va. Code R. § 153-29-1 General

1.1. Scope. -- This legislative rule establishes the requirements for filing applications with the Secretary of State, for the approval of registration trademarks and service marks, and for the renewal, assignment, modification and cancellation of registration of those marks.

1.2. Authority. -- W. Va. Code '47-2-10.

1.3. Filing Date. -- June 12, 1997.

1.4. Effective Date. -- June 12, 1997.

W. Va. Code R. § 153-29-2 Application for New Registration

2.1. An applicant shall apply for a new registration of a trademark or service mark not previously registered in the state on the form issued by the Secretary of State.

2.2. The application shall include the following:

2.2.a. A statement that the application is for a new registration of a trademark or service mark not previously registered;

2.2.b. The name of the applicant;

2.2.c. The business address of the applicant, which shall be an address at which mail can be received;

2.2.d. The state in which the corporation or partnership is organized if the applicant is a corporation or partnership;

2.2.e. The names of the general partners if the applicant is a partnership;

2.2.f. The type of goods or services on or in connection with which the trademark or service mark is used, including whether the use relates to goods or to services, a description of the goods or services, the mode or manner in which the mark is used, and the class of those good or services, as defined in section 6 of this rule;

2.2.g. Whether the trademark or service mark for which the application is made consists of a graphic symbol only, a graphic symbol including words or letters, words or letters in a specific typography, or words or letters only, without regard to typography;

2.2.h. A brief description of the trademark or service mark;

2.2.i. The date on which the trademark or service mark was first used in connection with a product or service anywhere, and the date on which the mark was first used in connection with a product or service in West Virginia;

2.2.j. A black and white drawing or representation of the trademark or service mark, which shall be placed on the standardized Attachment 1 of the application, labeled with the name of the applicant;

2.2.j.1. The representation shall be enlarged or reduced so that the longer dimension of the mark is no less that five inches and no more than six inches; and

2.2.j.2. If the applicant desires to designate specific colors in which the mark will appear, the applicant shall supply an additional copy labeled Attachment 1A with the areas of color labeled.

2.2.k. Three specimens showing the trademark or service mark as actually used, which shall be attached and marked Attachments 2, 3, and 4, respectively;

2.2.k.1. The specimens of the mark shall be two dimensional (flat), no larger than a standard 8 2 by 11 inch page, and if smaller, shall be attached to a standard page.

2.2.k.2. The specimens may be actual samples of items in use if those samples are flat and no larger than specified in this subdivision, such as letterhead, labels, printed advertising or other similar items.

2.2.k.3. The specimens may be submitted as clear photographs or copies of photographs showing the item as it is used, but any photograph shall show all or substantially all of the item on which the mark is used.

2.2.k.4. If more than one classification of use is listed in the application, at least one specimen should be included for each class, with a minimum total number of three specimens.

2.2.l. Whether an application to register the trademark or service mark, or portions or a composite of the mark has been filed by the same applicant or a predecessor in interest with the United States Patent and Trademark Office. If the mark has been filed, the applicant shall give the date filed, the serial number of the registration, if any, and whether the application is pending, approved and the date approved, or refused and the reason for refusal;

2.2.m. A statement that the applicant is the owner of the trademark or service mark for which the application is made, that the mark is in use, that to the applicant=s knowledge, no other person has registered the mark, either federally or in the state, or has the right to use the mark either in the identical form thereof or in such near resemblance to it as to be likely, when applied to the goods or services of that person, to cause confusion or to cause mistake or to deceive, and that the information contained in the application is true to the best of the applicant=s knowledge; and

2.2.n. The date, name, title and signature of the applicant, acknowledged before a notary public.

2.3. The applicant shall submit a complete application with all required attachments to the Secretary of State along with the fee prescribed in subdivision 7.1.a. of this rule.

W. Va. Code R. § 153-29-3 Review and Approval of New Registration

3.1. Upon receipt of an application for registration, the Secretary of State shall enter the received date and determine if the application is complete.

3.1.a. The Secretary of State shall cancel the received date stamp if the application is incomplete.

3.1.b. The Secretary of State shall return an incomplete application in its entirety to the applicant within five (5) days of receipt.

3.1.c. The Secretary of State shall refund the application fee to the applicant within sixty (60) days if a complete application is not resubmitted within thirty (30) days.

3.2. The Secretary of State shall evaluate the trademark or service mark in relation to prohibitions enumerated in W. Va. Code '47-2-2, and shall reject the application if the mark:

3.2.a. Consists of or comprises immoral, deceptive or scandalous matter;

3.2.b. Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;

3.2.c. Consists of or comprises or contains the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or

3.2.d. Consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual=s specific written consent contained in an attachment to the application.

3.3. Unless the applicant provides, as an attachment to the application, proof that the trademark or service mark has become distinctive of the applicant=s goods or services, and that the mark has been in continuous use in this state by the applicant for the five (5) years before the date of the application, the Secretary of State shall reject the mark if it:

3.3.a. Is merely descriptive or deceptively misdescriptive of the goods or services in connection with which the mark is used;

3.3.b. Is primarily geographically descriptive or deceptively misdescriptive of the goods or services; or

3.3.c. Is primarily a surname.

3.4. The Secretary of State shall reject the application if the mark consists of or comprises a mark registered in this state or a mark or trade name used by another and not abandoned, as to be likely, when used in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.

3.4.a. When the mark consists of or contains words or letters, the Secretary of State shall reject the application if the words or letters are the same as or deceptively similar to the name of a registered domestic corporation, foreign corporation, domestic or foreign limited partnership or limited liability partnership or domestic or foreign limited liability company authorized to do business in this state at the time of the application for registration of the mark, or the reserved or registered name of any of these businesses, unless the application is made by the business or with the written permission of the business.

3.4.b. When the mark consists primarily of graphic elements, the Secretary of State shall examine currently registered marks for similarity in type, characterization, number and positions of figures, similarity in the use of geometric shapes or lines and the number or relations of those shapes or lines, and similarity in the combination of all element types.

3.4.c. When the mark consists of a combination of words or letters and graphic elements, the Secretary of State shall first examine the similarity of the words or letters, and if the words or letters are found to be registrable, shall then examine the graphic elements. If the graphic elements are found not to be registrable, the Secretary of State shall, depending on the degree of similarity, either reject the application or notify the applicant of the elements of the mark which must be removed or changed in order for the application to be registrable.

3.5. If the Secretary of State rejects the application or notifies the applicant of required changes, the Secretary of State shall notify the applicant of the reason for the rejection or required changes.

3.5.a. Upon rejection of a mark, the applicant has thirty (30) days in which to reply to the Secretary of State or to amend the application, and upon receipt of a reply or an amended application, the Secretary of State shall reexamine the mark.

3.5.b. If the applicant fails to respond to the rejection of the mark within the time allowed in subsection 3.6. of this rule, the Secretary of State shall consider the application to be abandoned.

3.5.c. The Secretary of State may finally refuse the application after two (2) periods of attempted amendment which do not result in an acceptable mark.

3.6. Upon acceptance of the application for registration, the Secretary of State shall enter the effective date of the registration, assign a registration number, and issue a certificate of registration.

W. Va. Code R. § 153-29-4 Renewal of Registration

4.1. The registration of a trademark or service mark registered prior to July 1, 1996, expires on June 30, 2001, as provided in W. Va. Code '47-2-6(c), unless renewed before that date.

4.2. The registration of a mark first registered after July 1, 1996, expires ten (10) years following the effective date of registration.

4.3. The Secretary of State may attempt to notify current registrants of an impending registration expiration and provide forms for the application for renewal of a mark, but the registrant is responsible for obtaining the proper form and submitting a complete application for renewal in a timely manner.

4.4. The application shall be submitted on the forms prescribed by the Secretary of State.

4.5. The applicant may submit the application for renewal within the six (6) months immediately before the expiration of the current registration.

4.5.a. The Secretary of State shall return an application for renewal submitted more than six (6) months before the expiration of the registration; except that:

4.5.b. A registrant holding a mark registered before July 1, l996, may apply for renewal under the provisions of the new law at any time before the expiration of the previous registration on June 30, 2001.

4.6. Upon the receipt of a complete application for renewal, including a verified statement that the mark has been and is still in use, and the submission of the required fee as provided in subdivision 7.1.2. of this rule, the Secretary of State shall issue a certificate of registration renewal.

W. Va. Code R. § 153-29-5 Assignments, Changes and Cancellation

5.1. A registrant may assign the trademark or service mark to another person, record a change of name, or record other instruments relating to the mark or pending application. To assign the mark, the registrant or assignee shall file an instrument in writing signed by the registrant and notarized, either as an original document or a photocopy certified by any of the parties as a true and correct copy of the original. The filing shall be accompanied by the required fee as provided in subdivision 7.1.3. of this rule.

5.2. A registrant may record an assignment of the mark to another person with the Secretary of State, and the secretary shall issue in the name of the assignee or successor in interest a new certificate for the remainder of the term of the registration or renewal.

5.3. A registrant or applicant whose name is changed during the period of registration or application may record a certificate of change of name with the Secretary of State.

5.4. Upon filing the change of name, the Secretary of State shall issue a registrant a certificate for the remainder of the term in the new name, and shall attach the change of name to the application.

5.5. The registrant or successor in interest may voluntarily cancel the registration of a mark upon filing of an request signed by the registrant or authorized representative of the registrant or sucessor in interest and acknowledged before a notary public, providing the request is accompanied by the required fee as provided in subdivision 7.1.3. of this rule.

W. Va. Code R. § 153-29-6 Classification of Goods and Services

6.1. Goods shall be classified according the system established by the United States Patent and Trademark Office, as follows:

6.1.a. Chemicals products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids or pastes for industrial use; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; and adhesive substances used in industry;

6.1.b. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; coloring matters and dyestuffs; mordants; natural resins; and metals in foil and powder form for painters and decorators;

6.1.c. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; and dentifrices;

6.1.d. Industrial oils and greases (other than oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; and candles, tapers, night lights and wicks;

6.1.e. Pharmaceutical, veterinary, and sanitary substances; infants= and invalids= food; plasters and material for bandaging; material for stopping teeth, dental wash and disinfectants; and preparations for killing weeds and destroying vermin;

6.1.f. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, and rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (nonelectric); locksmiths= work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes; and ores;

6.1.g. Machines and machine tools; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements; and incubators;

6.1.h. Hand tools and instruments; cutlery, forks, and spoons; and side arms;

6.1.i. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counter feed apparatus; talking machines; cash registers; calculating machines; and fire extinguishing apparatus;

6.1.j. Surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes and teeth);

6.1.k. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes;

6.1.l. Vehicles; and apparatus for locomotion by land, air or water;

6.1.m. Firearms; ammunition and projectiles; explosive substances; and fireworks;

6.1.n. Precious metals and their alloys and goods in precious metals or coated with precious metals (except cutlery, forks and spoons); and jewelry, precious stones, horological and other chronometric instruments;

6.1.o. Musical instruments (other than talking machines and wireless apparatus);

6.1.p. Paper and paper articles, cardboard and cardboard articles; printed matter, newspaper and periodicals, and books; bookbinding material; photographs; stationery, adhesive materials (stationery); artists= materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers= type and cliches (stereotype);

6.1.q. Gutta percha, india rubber, balata and substitutes, and articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, for use in manufacture; materials for packing, stopping or insulating; asbestos, mica and their products; and hose pipes (nonmetallic);

6.1.r. Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, and hides; trunks and traveling bags; umbrellas, parasols and walking sticks; and whips, harness and saddlery;

6.1.s. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road making materials; asphalt, pitch and bitumen; portable buildings; stone monuments; and chimney pots;

6.1.t. Furniture, mirrors, and picture frames; and articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum celluloid, and substitutes for all these materials, or of plastics;

6.1.u. Small domestic utensils and containers (not of precious metals, or coated with precious metals); combs and sponges; brushes (other than paint brushes); brush making materials; instruments and material for cleaning purposes, and steel wool; unworked or semi-worked glass (excluding glass used in building); and glassware, porcelain and earthenware, not included in other classes;

6.1.v. Ropes, string, nets, tents, awnings, tarpaulins, sails, and sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); and raw fibrous textile materials;

6.1.w. Yarns and threads;

6.1.x. Tissues (piece goods); bed and table covers; and textile articles not included in other classes;

6.1.y. Clothing, including boots, shoes and slippers;

6.1.z. Lace and embroidery, ribands, and braid; buttons, press buttons, hooks and eyes, and pins and needles; and artificial flowers;

6.1.aa. Carpets, rugs, mats and matting; linoleums and other materials for covering existing floors; and wall hangings (nontextile);

6.1.bb. Games and playthings; gymnastic and sporting articles (except clothing); and ornaments and decorations for Christmas trees;

6.1.cc. Meats, fish, poultry and game; meat extracts; preserved, and dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; and preserves and pickles;

6.1.dd. Coffee, tea, cocoa, sugar, rice, tapioca, sago and coffee substitutes; flour and preparations made from cereals; bread, biscuits, cakes, pastry and confectionery and ices; honey and treacle; yeast and baking powder; salt, mustard, pepper, vinegar, sauces and spices; and ice;

6.1.ee. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; and foodstuffs for animals and malt;

6.1.ff. Beer, ale and porter; mineral and aerated waters and other nonalcoholic drinks; and syrups and other preparations for making beverages;

6.1.gg. Wines, spirits and liqueurs; and

6.1.hh. Tobacco, raw or manufactured; smokers= articles; and matches.

6.2. Services shall be classified according the system established by the United States Patent and Trademark Office, as follows:

6.2.a. Advertising and business;

6.2.b. Insurance and financial;

6.2.c. Construction and repair;

6.2.d. Communication;

6.2.e. Transportation and storage;

6.2.f. Material treatment;

6.2.g. Education and entertainment; and

6.2.h. Miscellaneous.

W. Va. Code R. § 153-29-7 Fees

7.1. The fees for filing documents under this rule as provided by W. Va. Code '47-2-17 are:

7.1.a. For registration of a new trademark or service mark involving not more than two classifications, fifty dollars, and for each additional classification, fifty dollars;

7.1.b. For renewal of a previously registered trademark or service mark involving not more than two classifications, fifty dollars, and for each additional classification, fifty dollars;

7.1.3. For recording any assignment, change of name, other document, or cancellation as provided in section 5 of this rule, twenty-five dollars.

7.2. All fees shall be made payable to the Secretary of State.

153CSR29

Series 30 Use of Digital Signatures

W. Va. Code R. § 153-30-1 General

1.1. Scope. -- This legislative rule establishes the requirements for state agencies intending to use or accept electronic signatures on filings and other messages in electronic form which require the signature of an authorized person.

1.2. Authority. -- W. Va. Code § 39A-3-3.

1.3. Filing Date. -- April 14, 2022.

1.4. Effective Date. -- April 14, 2022.

1.5. Sunset Provision. -- This Rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 153-30-2 Definitions

2.1. The definitions of terms established in W. Va. Code §§ 39A-1-2 and 39A-3-1 shall apply when those terms are used in this rule.

2.2 "Authorized officer" means the elected or appointed official, or a designee, who has authority to act on behalf of the agency.

2.3. "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

2.4. "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

W. Va. Code R. § 153-30-3 Agency Use of Electronic Records and Electronic Signatures Generally

3.1. Each agency shall determine the extent to which it will send and receive electronic records and electronic signatures to and from other persons and otherwise create, use, store, and rely upon electronic records and electronic signatures.

3.2. In any case where an agency decides to send or receive electronic records, or to accept document filings by electronic records, the agency shall, giving due consideration to security, specify:

3.2.1. The manner and format in which the electronic records must be created, sent, received, and stored;

3.2.2. The type of electronic signature that is required or acceptable, the security level required for the transaction, the manner and format in which the signature must be affixed to the electronic record, and the criteria that must be met by any third party used by the sender of the electronic record to facilitate the process;

3.2.3. Processes and procedures to ensure adequate integrity, security, confidentiality, and auditability of the electronic records;

3.2.4. The software vendor, software product, and software version that will be used;

3.2.5. The categorical types of documents on which the agency intends to use or accept electronic signatures; and

3.2.6. Any other required attributes for the electronic records that are currently specified for corresponding paper documents, or reasonably necessary under the circumstances.

3.3. For all agency applications to implement electronic signatures submitted on or after March 4, 2010, the specifications outlined in subsection 3.2 of this rule shall be submitted by the agency to the Office of Technology in an agency application.

3.4. All agency applications must be signed by an Authorized officer. Once the Office of Technology has approved an agency application, the agency shall forward a copy of the application and the Office of Technology’s approval to the Secretary of State. Upon receipt Office of Technology approval, the agency shall forward to the Secretary of State a copy of the completed application and the Office of Technology approval. After confirmation of receipt by the Secretary of State of an agency application and Office of Technology approval, the agency may begin implementing electronic signature certificates for its usage and acceptance.

3.5. In the event that an agency intends to employ a new software vendor, software product, or software version, the agency shall obtain a new approval pursuant to subsection 3.4 of this rule.

3.6. Whenever any rule of law requires or authorizes the filing of any information, notice, lien, or other document or record with any agency, a filing made by an electronic record has the same force and effect as a filing made on paper in all cases where the agency has authorized or agreed to the electronic filing and the filing is made in accordance with applicable rules or agreement.

3.7. Subject to prior notice by the receiving agency, submission of an electronic record containing an electronic signature constitutes an agreement by the sender to accept equivalent electronic signature types on return or corresponding electronic records.

W. Va. Code R. § 153-30-4 Agency Procedures for Adoption, Modification or Revocation of Electronic Signature Acceptance

4.1. Each agency shall evaluate the types of records received to determine which records can be accepted with electronic signatures, and which type of electronic signature meets the security requirements of the specific transaction.

4.2. For each type of electronic record on which an agency is willing to accept an electronic signature in satisfaction of a legal signature requirement, the agency shall give notice in conjunction with the electronic filing system which shall specify:

4.2.1. The type(s) of electronic signature that will be accepted on the record;

4.2.2. A description of any restrictions on who may electronically sign the record;

4.2.3. Specifications for any procedures or technology that must be used to create, communicate, or store the electronic signature; and

4.2.4. The name of one or more contacts, including an Authorized officer, within the agency who can provide additional information, along with one or more of the address, telephone and e-mail address of the contact person(s).

4.3. An agency may modify, suspend, or terminate the acceptance of the electronic signatures after giving notice according to the requirements of this section; provided, that:

4.3.1. Notice shall be given as required at least thirty (30) days prior to the termination of acceptance of a type of electronic signature; and

4.3.2. In an emergency which prevents the acceptance of the electronic signature, an agency may suspend acceptance of electronic signatures and require filings and signatures be provided on paper. The agency shall provide reasonable notice to potential filers.

4.4. Nothing in this rule shall be construed to require an agency to accept electronic signatures in lieu of written signatures.

4.5. Nothing in this rule shall be construed to allow an agency, without the specific authority of statute, to require a person acting on his or her own behalf, or a person acting on behalf of an entity other than a governmental entity to use an electronic signature in order to complete an essential filing.

4.6. All agencies may enter into agreements with other agencies relating to the use and acceptance of electronic signatures on electronic records communicated between those agencies.

W. Va. Code R. § 153-30-5 Requirements for Acceptance of Digital Signatures

5.1. The Secretary of State, pursuant W. Va. Code §39A-3-3, hereby authorizes the West Virginia Office of Technology to be the state certificate authority for the registration and issuance of certificates to subscribers for the use of digital signatures.

5.2. An agency which agrees to accept a digital signature in connection with an electronic filing, shall obtain, install, and test the essential hardware and software as prescribed by the Office of Technology.

5.3. Any Authorized officer or other authorized person who becomes a subscriber to the certificate authority authorized by the Secretary of State or Office of Technology, and who maintains an authorized key pair, shall be permitted to use a digital signature on any electronic document which an agency agrees to accept.

W. Va. Code R. § 153-30-6 Reserved

W. Va. Code R. § 153-30-7 Selection of Existing Federal Certificate Authority Program as State Authority and Repository; Purchase of Certificates; Fees; Revocation of Authorization

7.1. The Secretary of State may designate and authorize as the official state certificate authority and repository an existing federal certificate authority and repository program, providing:

7.1.1. The program permits the acquisition and use of electronic signature certificates by state and local government agencies for their employees and by individuals for transactions with those agencies at or below the rate established for the federal program;

7.1.2. The program has published a certificate policy or certificate practice statement that establishes comprehensive requirements for the security of all aspects of the system, including the physical and technical security of the software and hardware and the security requirements for authorized personnel.

7.1.3. The program uses a comprehensive requirements evaluation process for selection of qualifying certificate authorities.

7.1.4. The program authorizes one or more entities or vendors to provide the services of certificate authority, repository and registration authority;

7.1.5. Each authorized certificate authority manages the application, issuance and revocation of a certificate that complies with the certificate policy of the program.

7.1.6. Each authorized certificate authority offers subscriptions for certificates through the federal program that meet, at a minimum, the security requirements of the Office of Technology, as may be amended from time to time.

7.1.7. The program requires an audit of each authorized certificate authority.

7.1.8. The Secretary of State may ask or enter into an agreement with the Office of Technology to validate that the program meets the standards outlined in subsections 7.1.1 through 7.1.7 of this section and to report the validation to the Secretary of State via a form prescribed by the Secretary of State.

7.2. Designation and authorization of the federal certificate authority and repository program as the state certificate authority shall substitute the requirements of the federal certificate authority and repository program for the requirements of the state certificate authority, repository and other requirements stated in sections nine through twenty-one of this rule. The certificate policy or certificate practice statement of the federal program shall control the form, application, issuance, expiration, suspension, and revocation of certificates and shall control the record keeping, record retention and audit requirements of the certificate authority and repository.

7.3. The Secretary of State may initiate a procurement process to establish a statewide contract with any or all of the certificate authorities authorized under the federal certificate authority and repository program, and only those authorized entities may be qualified to bid. The Secretary of State may defer to the Office of Technology his or her authority to initiate the procurement process.

7.3.1. The contract may establish the purchase price of one or more types of electronic signature certificates for a subscription of a specified term, and that price shall be inclusive of the services performed as the registration authority, certificate authority and repository for the term of the subscription.

7.3.2. The contract may include pricing for individual certificates and for business certificates if offered by the authorized certificate authorities.

7.3.3. The contract may include pricing for single certificates and bundles of certificates at preferred rates.

7.3.4. The contract shall allow an agency to purchase certificates for use by agency employees and agency customers at an established contract rate; and an agency may require payment or reimbursement for certificates issued to customers.

7.4. The Secretary of State may ask or enter into an agreement with the Office of Technology, through its chief technology officer or his or her designee, to submit to him or her on April 1, 2022, and annually thereafter, a report that outlines the following:

7.4.1. Affirmation that the requirements of the state’s official certificate authority and repository are still valid or any changes to the requirements;

7.4.2. A listing of state agencies and their subdivisions currently using electronic signature certificates; and

7.4.3. Any future uses, changes or updates relating to the development, implementation, or use of electronic signatures that the state should take into consideration for its benefit.

7.5. The Secretary of State may revoke any agency approval or program authorization designated under this section if the approval or program fails to continue operation or fails to meet the requirements of the Secretary of State or the Office of Technology.

7.5.1. The Secretary of State may ask or enter into an agreement with the Office of Technology to inform him or her of any information that could contribute to the revocation of an agency approval or authorized program.

7.5.2. The Secretary of State shall publish a notice in the State Register of the intent to revoke the authority of the program to act as state certificate authority and repository at least ninety days before the revocation takes effect and shall additionally send notice to each state agency or state agency subdivision currently using electronic signature certificates.

7.5.3. Upon revocation of the designation of a state certificate authority and repository, an agency that accepts electronic signatures issued by that entity may determine whether to continue to accept those electronic signatures or establish a date after which those signatures will no longer be accepted, and shall give notice in conjunction with the electronic filing information of the agency’s intent.

W. Va. Code R. § 153-30-8 Compliance Audit

8.1. The Secretary of State or the Office of Technology may conduct compliance audits as needed to ensure compliance with this rule.

8.2. Following an audit, the Secretary of State may require reports as needed to assure matters identified in the audit are corrected.

8.3. If matters identified in the audit are not timely corrected, the Secretary of State may suspend or revoke the agency’s approval to use electronic signatures.

153CSR30

153CSR30

Series 32 Registry Requirements

W. Va. Code R. § 153-32-1 General

1.1. Scope. -- This rule requires the secretary of state to authorize certain persons to celebrate marriages, establish a central registry and establish a fee for registering.

1.2. Authority. -- W. Va. Code §48-2-402.

1.3. Filing Date. -- June 21, 2002.

1.4. Effective Date. -- June 21, 2002.

W. Va. Code R. § 153-32-2 Secretary of state’s registry of persons authorized to celebrate marriages

2.1. The secretary of state shall list qualified applicants in a central registry who meet the requirements of W. Va. Code §48-2-402 and rules promulgated by the secretary of state.

2.2. The authorized person who is listed on the state registry of religious representatives authorized to celebrate the rites of marriage may perform those rites in all the counties of the state.

2.3. Each county clerk shall submit to the secretary of state a list of persons authorized in his or her county to celebrate marriages.

2.3.a. The list shall be submitted prior to the first day of October, two thousand one.

2.3.b. The list shall include the name of each person authorized by the submitting county to perform marriages.

2.3.c. If available, the list shall include the phone number, address, religious or spiritual assembly or affiliation and the original authorization date of each person authorized to perform marriages.

2.3.d. The list shall be submitted in hard copy and in an electronic format as approved by the secretary of state.

W. Va. Code R. § 153-32-3 Registry Requirements

3.1. An applicant for listing on the state central registry of persons authorized to celebrate marriages by the secretary of state shall:

3.1.a. Meet the qualifications set by West Virginia Code §48-2-402;

3.1.b. Make application to the secretary of state for registry listing on the form designed by the secretary of state;

3.1.c. Provide documentation of qualifications as required by the secretary of state;

3.1.d. Pay to the secretary of state the appropriate application fee;

W. Va. Code R. § 153-32-4 Proof of qualifications of religious representative to celebrate marriages

4.1. An applicant shall present certification that he or she is authorized to perform marriages by his or her church, synagogue, spiritual assembly or religious organization; and

4.2. The applicant shall present documentation that he or she is in regular communion with the church, synagogue, spiritual assembly or religious organization of which he or she is a member.

4.3. The applicant shall provide at least one of the following as a statement of his or her representation of a religious group:

4.3.a. An official ordination paper from a church, synagogue, spiritual assembly organization, group or school showing that the person is an ordained minister for that group; or

4.3.b. A letter or document signed by at least two members of a group stating that the person requesting to be registered to perform marriages ministers to that group and is in regular communion with that group.

W. Va. Code R. § 153-32-5 Application fees received by the secretary of state

5.1. The application fee is twenty-five dollars ($25.00).

W. Va. Code R. § 153-32-6 Order authorizing a person to celebrate marriages in all counties

6.1. Upon receipt of the application and documentation, the Secretary of State shall add the person’s name to the state registry of persons authorized to celebrate marriages; and

6.2. An order authorizing the person to celebrate marriages is mailed to each person who fulfills the qualifications as determined by the Secretary of State.

Series 33 Registry For Notification Of A State Of Emergency

W. Va. Code R. § 153-33-1 General

1.1. Scope. -- This rule establishes a system to notify persons of state of emergencies and natural disasters.

1.2. Authority. -- W. Va. Code §46A-6J-4.

1.3. Filing Date. -- June 23, 2003.

1.4. Effective Date. -- June 23, 2003.

W. Va. Code R. § 153-33-2 Applying to be Notified of State Declared Emergencies and Natural Disasters

2.1. The applicant shall complete the Application for Notification of State of Emergency. On the application the applicant shall:

2.1.1. List the preferred counties for notification;

2.1.2. Check if notification of the entire state is required; and

2.1.3. Check which form is desired:

2.1.3.1. U. S. mail;

2.1.3.2. Fax; or

2.1.3.3. Email.

2.2. The applicant shall submit the application with a check payable to the West Virginia Secretary of State, Administrative Law Division, Building 1, Suite 157-K, 1900 Kanawha Boulevard, East, Charleston, West Virginia 25305-0770.

W. Va. Code R. § 153-33-3 Fees

3.1. The applicant shall pay a one-time registration fee of twenty-five dollars ($25.00).

3.2. The applicant shall pay a charge of five dollars ($5.00) to change contact information.

W. Va. Code R. § 153-33-4 Notification to Registrants

4.1. Within three (3) working days after the Governor of West Virginia has issued the Proclamation declaring a state of emergency, the Secretary of State shall notify each registrant requesting notification for the county or counties named in the Proclamation.

4.2. The Secretary of State shall mail or fax a photocopy of the Proclamation as issued by the Governor of West Virginia, if this is the preferred method requested by the registrant.

4.3. The Secretary of State shall email in Adobe Acrobat (.pdf) format a copy of the Proclamation as issued by the Governor of West Virginia, if this is the preferred method requested by the registrant.

W. Va. Code R. § 153-33-5 Withdrawing From Notification

To withdraw from the notification program, the registrant shall submit a letter to the Secretary of State requesting his or her name and information be removed from the notification list.

Application Form

Series 35 Uniform Commercial Code, Revised Article 9

W. Va. Code R. § 153-35-1 General

1.1. Scope. -- This legislative rule simplifies and improves the administration of the Uniform Commercial Code by promoting procedures for filing documents under Article 9 of Chapter 46 of the West Virginia Code, to increase public access to information and public participation in the formulation and administrative policy and procedures; and to increase the filing officer's accountability to the public.

1.2. Authority. -- W.Va. Code §46-9-526.

1.3. Filing Date. -- June 3, 2013.

1.4. Effective Date. -- June 10, 2013.

1.5. Repeal and Replace. -- This rule repeals and replaces 153CSR35 effective April 27, 2007.

W. Va. Code R. § 153-35-2 Incorporated by Reference

2.1. This rule incorporates by reference the 2012 Edition of the Uniform Commercial Code, Article 9 Model Administrative riles as amended specifically to comply with West Virginia Code.

Uniform Commercial Code, Article 9 Model Administrative Rules 2012 Edition

Section 1. General Provisions Definitions. Terms used in these filing-office rules but not defined in this Section that are defined in the UCC shall have the respective meanings accorded such terms in the UCC.

100.1 Active Record. "Active Record" means a UCC record that has been stored in the UCC information management system and indexed in, but not yet removed from, the Searchable Indexes.

100.2 Address. "Address" means information provided as an address on a UCC record as long as it includes at least a city and a state or foreign country.

100.3 Amendment. "Amendment" means a UCC record that amends the information contained in a financing statement. Amendments include assignments, continuations and terminations.

100.4 Assignment. "Assignment" is an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.

100.5 Correction statement. "Correction statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.

100.6 Filing office/officer. "Filing office" and "filing officer" means the West Virginia Secretary of State's Office.

100.7 Filing officer statement. "Filing officer statement" means a statement entered into the filing office's information system to correct an error made by the filing office.

100.8 Initial financing statement, "Initial financing statement" means a UCC record that causes the filing office to establish the initial record of filing of a financing statement.

100.9 Remitter. "Remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.

100.10 Searchable indexes. "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names maintained in the UCC information management system.

100.11 Secured party of record. "Secured party of record" includes a secured party of record as defined in the UCC as well as person who has been a secured party of record with respect to whom an amendment has been filed purporting to delete them as a secured party of record.

100.12 UCC. "UCC" means the Uniform Commercial Code as adopted in this State.

100.13 UCC information management system. "UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements as described in Section 3 of these filingoffice rules.

100.14 UCC record. "UCC record" means an initial financing statement, an amendment, an assignment, a continuation statement, a termination statement, a filing officer statement or a correction statement, and includes a record thereof maintained by the filing office.

The term shall not be deemed to refer exclusively to paper or paper- based writings.

100.15 Unlapsed record. "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has not yet lapsed under UCC Section 9-515 with respect to all secured parties of record.

Means to deliver UCC records; time of filing. UCC records may be tendered for filing at the filing office as follows.

101.1 Personal delivery by Remitter, at the filing office's street address. The file time for a UCC record delivered by this method is when delivery of the UCC record is taken by the filing office (even though the UCC record may not yet have been accepted for filing and subsequently may be rejected). This rule applies only to a Remitter who tenders a UCC record to the filing office and awaits an immediate determination of whether or not the UCC record will be taken or not.

101.2 Courier delivery by a person other than a Remitter, at the filing office's street address.

The file time for a UCC record delivered by this method is, notwithstanding the time of delivery, at the earlier of the time the UCC record is first examined by a filing officer for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected), or the next close of business following the time of delivery. This rule does not apply to a courier who is acting as an agent of the Remitter and who tenders a UCC record to the filing office and awaits an immediate determination of whether or not the UCC record will be taken or not under rule 101.1.

A UCC record delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.

101.3 Postal service delivery, to the filing office's mailing address. The file time for a UCC record delivered by this method is, notwithstanding the time of delivery, at the earlier of the time the UCC record is first examined by a filing officer for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected), or the next close of business following the time of delivery.

A UCC record delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.

101.4 Electronic mail and telefacsimile delivery, to the filing office's e-mail address or the filing office's fax filing telephone number. The file time for a UCC record delivered by this method is, notwithstanding the time of delivery, at the earlier of the time the UCC record is first examined by a filing officer for processing (even though the UCC record may not yet have been accepted for filing and may be subsequently rejected), or the next close of business following the time of delivery.

A UCC record delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.

101.5 Electronic filing. If available by the filing office, UCC records, excluding correction statements and filing officer statements, may be transmitted electronically using the XML Format approved by the International Association of Commercial Administrators. At the request of an authorized XML remitter, the filing officer shall identify which versions and releases of the XML Format are acceptable to the filing office. The filing office publishes an implementation guide that prescribes the use of the XML Format. The implementation guide shall be available to the public upon request. The file time for a UCC record delivered by this method is the time that the filing office's UCC information management system analyzes the relevant transmission and determines that all the required elements of the transmission have been received in a required format and are machine-readable.

101.6 Direct web page data entry. If available by the filing office, UCC records may be delivered by on-line data entry using the filing office's website on the internet. Website data entry and payment procedures are available as provided at www.wvsos.com. The file time for a UCC record delivered by this method is the time the entry of all required elements of the UCC record in the proper format is acknowledged by the on-line entry system.

101.7 Means of communication. Regardless of the method of delivery, information submitted to the UCC filing office must be communicated only in the form of characters that are defined in an acceptable character set. A financing statement or amendment form that does not designate separate fields for organization and individual names, and separate fields for first, middle and last names and suffixes for individual names is not an acceptable means of communication to the filing office.

101.8 Transmitting utility, manufactured-home and public-finance transactions. The only means to indicate to the filing office that an initial financing statement is being filed in connection with a manufactured-home or public-finance transaction, or that a financing statement is being or has been filed against a debtor that is a transmitting utility, in order to affect the filing office's determination of the lapse date under rule 306.3 or rule 307, is to so indicate by checking the appropriate box on a UCCI Addendum filed with respect to the financing statement or by transmitting the requisite information in the proper field in an electronic filing that is such initial financing statement or is part of such financing statement.

Search request delivery. A search request may not be delivered by checking a box or otherwise including a search request in or on an initial financing statement, but may be delivered in or on a separate search request after the initial financing statement is filed.]

Forms. The forms prescribed by UCC Section 9-521 are accepted by the filing office, as well as the most current paper- based forms approved by the International Association of Commercial Administrators.

Fees. The fee for filing a UCC record is prescribed by UCC Section 9-525.]

104.1 Filing fee. The fee for filing and indexing a UCC record of one or two pages communicated on paper or in a paper-based format (including faxes) is $10. If there are additional pages, the fee is $ 10 . The fee for filing and indexing a UCC record communicated by a medium authorized by these rules which is other than on paper or in a paper-based format shall be $10.

104.2 Additional fees. In addition to fees set forth in rule 104.1, a fec of $10 shall be paid for an initial financing statement that indicates that it is filed in connection with a publicfinance transaction, a fee of $10 shall be paid for an initial financing statement that indicates that it is filed in connection with a manufactured-home transaction, and a fee of $10 shall be paid for each additional debtor name more than two that is required to be indexed if the relevant UCC record is communicated in writing.

104.3 UCC search fee. The fee for processing a UCC search request communicated on paper or in a paper-based format is $ 5.00. The fee for processing a UCC search request communicated by a medium authorized by these rules which is other than on paper or in a paper-based format shall be $5.00.

104.4 UCC search - copies. The fee for UCC search copies is S.50 per page (or page equivalent for electronically transmitted search responses).

Expedited services.

105.1 Description of expedited service and fee. Not available as of 7/31/2012

105.1.1 Acceptance and refusal process. Not available as of 7/31/2012

105.1.2 Responding to UCC search request. Not available as of 7/31/2012

105.2 How to request expedited service. Not available as of 7/31/2012

105.2.1 Acceptance and refusal process. Not available as of 7/31/2012

105.2.2 Responding to UCC search request. Not available as of 7/31/2012 Methods of payment. Filing fees and fees for public records services may be paid by the following methods.

106.1 Cash. Payment in cash shall be accepted if paid in person at the filing office.

106.2 Checks. Personal checks, cashier's checks and money orders made payable to the filing office shall be accepted for payment provided that the drawer (or the issuer in the case of a cashier's check or money order) is deemed creditworthy by the filing office in its discretion. Checks may be made payable in an amount to be filled in by the filing office if the filing office is clearly authorized to fill in the amount.

106.3 Electronic funds transfer. The filing office may accept payment via electronic funds transfer under National Automated Clearing House Association ("NACHA") rules from remitters who have entered into appropriate NACHA-approved arrangements for such transfers and who authorize the relevant transfer pursuant to such arrangements and rules.

106.4 Prepaid account. A remitter may open an account for prepayment of fees by submitting an application prescribed by the filing officer and prepaying an amount not less than $300. The filing officer shall issue an account number to be used by a remitter who chooses to pay filing fees by this method. The filing officer shall deduct filing fees from the remitter's prepaid account when authorized to do so by the remitter

106.5 Debit and/or credit cards. The filing office shall accept payment by debit cards and credit cards issued by approved issuers. Remitters shall provide the filing officer with the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued and the billing address for the card.

Payment will not be deemed tendered until the issuer or its agent has confirmed payment.

106.6 .6 Other account. No others as of 7/31/2012 Overpayment and underpayment policies.

107.1 Overpayment. The filing officer shall refund the amount of an overpayment exceeding $5.00 to the remitter. The filing officer shall refund an overpayment of $5.00 or less only upon the written request of the remitter.

107.2 Underpayment. Upon receipt of a UCC record with an insufficient fee, the filing officer shall do one of the following.

107.2.1 A notice of the deficiency shall be sent to the remitter and the UCC record shall be held for a period of 10 days from the date of the notice for receipt of the fee.

Upon receipt of the fee, the UCC record shall be filed as of the time and date of receipt of the full filing fee. If the fee is not received within 10 days of the date of the notice, the UCC record shall be returned to the remitter with a written explanation for the refusal to accept the UCC record; or

107.2.2 The UCC record shall be returned to the remitter as provided in rule 203. A refund may be included with the UCC record or delivered under separate cover.

Public records services. Public records services are provided on a non-discriminatory basis to any member of the public. Copies of individual UCC records, bulk copies of records and data elements from the filing offices UCC information management system are made available in such forms, at such times and for such fees as the filing office may prescribe from time to time; provided that the filing office will make such information as is then- current available at least monthly in every medium then available to the filing office.

Fees for public records services. Fees for public records services (other than those established under rule 104) are established by the filing office from time to time and are available upon request.

Section 2.

Acceptance and Refusal of Records Role of filing officer. The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to these rules, the filing officer does not determine the legal sufficiency or insufficiency of the UCC record, determine that information in the record is correct or incorrect, in whole or in part, or create a presumption that information in the UCC record is correct or incorrect, in whole or in

part.

Time for filing a continuation statement.

201.1 First day permitted. The first day on which a continuation statement may be filed is the date corresponding to the date upon which the related financing statement would lapse, six months preceding the month in which such financing statement would lapse. If there is no such corresponding date, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. The foregoing rule is subject to the ability of the filing office to take delivery of the continuation statement as tendered and to rule 101.

201.2 Last day permitted. The last day on which a continuation statement may be filed is the date upon which the related financing statement lapses. The foregoing rule is subject to the ability of the filing office to take delivery of the continuation statement as tendered and to

rule 101. Accordingly, the time of filing of the continuation statement under rule 101 must be on or prior to such last day and delivery by certain means of communication may not be available on such last day if the filing office is not open for business on such day.

Grounds for refusal. In addition to refusing a record for any reason, or multiple reasons, as set forth in UCC Section 9-516, a filing office shall refuse to accept a UCC record that does not provide an address that meets the minimum requirements, as set forth in these filing- office rules (See Section 100.2).

Procedure upon refusal. Except as provided in rule 107, if the filing officer finds grounds to refuse a UCC record, the filing officer shall refund the filing fee. Communication of the refusal, the reason(s) for the refusal and other related information will be made to the Remitter as soon as practicable and in any event within [two] business days after the refused UCC record was received by the filing office, by the same means as the means by which such UCC record was delivered to the filing office, or by mail or such more expeditious means as the filing office shall determine.

Records of refusal, including a copy of the refused UCC record and the ground(s) for refusal, shall be maintained until the first anniversary of the lapse date that applies or would have applied to the related financing statement, assuming that the refused record had been accepted and filed.

Refusal errors. If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been refused under rule 202, the filing officer will file the UCC record with the filing date and time the UCC record was originally tendered for filing. A filing officer statement record relating to the relevant initial financing statement will be placed in the UCC information management system on the date that the corrective action was taken. The filing officer statement must provide the date of the correction and explain the nature of the corrective action taken. The record shall be preserved for so long as the record of the initial financing statement is preserved in the UCC information management system. 205 Notification of defects. Nothing in these rules prevents a filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so and may not, in fact, have the resources to do so or to identify such defects. The responsibility for the legal effectiveness of filing rests with filers and remitters and the filing office bears no responsibility for such effectiveness.

Section 3. UCC Information Management System General. The filing officer uses an information management system to store, index, and retrieve information relating to financing statements. The information management system includes an index of the names of debtors included on financing statements that are Active Records. The rules in this section describe the UCC information management system.

Primary data elements. The primary data elements used in the UCC information management system are the following.

301.1 Identification numbers.

301.1.1 Each initial financing statement is identified by its file number. Identification of the initial financing statement is stamped on written UCC records or otherwise permanently associated with the record maintained for UCC records in the UCC information management system. A record is created in the information management system for each initial financing statement and all information comprising such record is maintained in the system. The record is identified by the same information assigned to the initial financing statement.

301.1.2 A UCC record other than an initial financing statement is identified by a unique file number assigned by the filing officer. In the UCC information management system, records of all UCC records other than initial financing statements are linked to the record of their related initial financing statement.

301.2 Type of record. The type of UCC record from which data is transferred is identified in the UCC information management system from information supplied by the remitter.

301.3 Filing date and filing time. The filing date and filing time of UCC records are stored in the UCC information management system. Calculation of the lapse date of an initial financing statement is based upon the filing date.

301.4 Identification of parties. The names of debtors and secured parties are transferred from UCC records to the UCC information management system.

301.5 Page count. The total number of pages in a UCC record is maintained in the UCC information management system.

301.6 Lapse indicator. An indicator is maintained by which the information management system identifies whether or not a financing statement will lapse and, if it does, when it will lapse.

The lapse date is determined as provided in rules 306.3, 307 and 308.1.

301.7 Indexes of names. The filing office maintains in the UCC information management system a searchable index of organization debtor names, and a searchable index of individual debtor names. The filing office may also maintain a searchable index of names of secured parties of record. Such an index need not be a separate database but may be comprised of records in the UCC information management system identified to be included in such searchable index.

Individual debtor names. For purposes of this rule, an "individual debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an individual, without regard to the nature or character of the name or to the nature or character of the actual debtor.

302.1 Individual name fields. When available through the filing office the individual debtor names are stored in files that include only the individual debtor names, and not organization debtor names. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals. The name of a debtor with a single name (e.g., "Cher") is treated as a last name and shall be entered in the last name field. The filing officer assumes no responsibility for the accurate designation of the components of a name but shall accurately enter the data in accordance with the filer's designations.

302.2 Titles, prefixes and suffixes. Titles, prefixes (e.g. "Ms.") and suffixes or indications of status (e.g. "M.D.") are not typically part of a debtor's name. However, when entering a "name" into the UCC information management system, the data will be entered exactly as they appear.

302.3 Truncation - individual names. When and if available through the filing office the personal name fields in the UCC information management system are fixed in length. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field. The lengths of data entry name fields are as follows.

302.3.1 First name: 20 characters.

302.3.2 Middle name: 16_ characters.

302.3.3 Last name: 32 characters.

302.3.4 Suffix: 5 characters.

Organization debtor names. For purposes of these rules, an "organization debtor name" is any name provided as a debtor name in a UCC record in a format that identifies the name as that of a debtor who is an organization, without regard to the nature or character of the name or to the nature or character of the actual debtor.

303.1 Single field. When available through the filing office the organization debtor names are stored in files that include only organization debtor names and not individual debtor names. A single field is used to store an organization debtor name.

303.2 Truncation-organization names. The organization debtor name field in the UCC database is fixed in length. Maximum length 300 characters. Although filers should continue to provide full names on their UCC records, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the organization debtor name field.

Estates. The debtor name to be provided on a financing statement for a debtor that is an estate is the name of the relevant decedent. In order for the information management system to function in accordance with the usual expectations of filers and searchers, the filer should provide the debtor name as an individual debtor name. However, the filing office will enter Data submitted by a filer in the fields designated by the filer exactly as it appears in such fields.

Trusts. The debtor name to be provided for a debtor that is a trust or a trustee acting in respect of trust property is the name of the trust as set forth in its organic record(s), if the trust has such a name or, if the trust is not so named, the name of the trust's settlor. In order for the information management system to function in accordance with the usual expectations of filers and searchers, the name of a trust or of a settlor that is an organization should be provided as an organization debtor name, and the name of a settlor who is an individual should be provided as an individual debtor name, in each case without regard to the nature or character of the debtor. Notwithstanding the foregoing, the filing office will enter data submitted by a filer in the fields designated by the filer exactly as it appears in such fields.

Initial financing statement. Upon the filing of an initial financing statement the status of the parties and the status of the financing statement shall be as follows.

306.1 Status of secured party. Each secured party named on an initial financing statement shall be a secured party of record, except that if the UCC record names an assignee, the secured party/assignor shall not be a secured party of record and the secured party/assignee shall be a secured party of record.

306.2 Status of debtor. Each debtor name provided by the initial financing statement shall be indexed in the UCC information management system so long as the financing statement is an Active Record.

306.3 Status of financing statement. The financing statement shall be an Active Record. A lapse date shall be calculated, five years from the file date, unless (i) the initial financing statement indicates as provided in rule 101.8 that it is filed with respect to a publicfinancing transaction or a manufactured-home transaction, in which case the lapse date shall be thirty years from the file date, or (ii) the initial financing statement indicates as provided in rule 101.8 that it is filed against a transmitting utility, in which case there shall be no lapse date.

Amendments generally. Upon the filing of an amendment the status of the parties shall be unchanged, except that in the case of an amendment that adds a debtor or a secured party, the new debtor or secured party shall be added to appropriate index and associated with the record of the financing statement in the UCC information management system, and an amendment that designates an assignee shall cause the assignee to be added as a secured party of record with respect to the affected financing statement in the UCC information management system.

Notwithstanding the filing of an amendment that deletes a debtor or a secured party from a financings statement, no debtor or secured party of record is deleted from the UCC information management system. A deleted secured party will still be treated by the filing office as a secured party of record as the filing office cannot verify the effectiveness of an amendment. In general, the filing of an amendment does not affect the status of the financing statement, but an amendment that indicates that the debtor is a transmitting utility will cause the filing office to reflect in the information management system that the amended financing statement has no lapse date.

Continuation statement.

308.1 Continuation of lapse date. Upon the timely filing of one or more continuation statements by any secured party(ies) of record, the lapse date of the financing statement shall be postponed for five years. The lapse date is postponed once notwithstanding the fact that more than one continuation statement is filed within a given 6-month period prior to a lapse date. Notwithstanding the immediate postponement of the lapse date with respect to one or more secured parties of record who file timely a continuation statement within a given 6-month period prior to a lapse date, such lapse date remains effective solely for purposes of determining whether or not a subsequent continuation statement filed in the same 6-month period is timely.

308.2 Status. The filing of a continuation shall have no effect upon the status of any party to the financing statement or upon the status of the financing statement.

Termination. The filing of a termination shall have no effect upon the status of any party to the financing statement or upon the status of the financing statement.

Correction statement. The filing of a correction statement shall have no effect upon the status of any party to the financing statement, the status of the financing statement or to the information maintained in the information management system.

Filing officer statement. A filing officer statement affects the status of parties and of the relevant financing statement as provided in the corrective action described as having been taken in the filing officer statement.

Procedure upon lapse. If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date but no action is then taken by the filing office.

Removal of record. A financing statement must remain as an Active Record until at least one year after it lapses, or if it is indicated to be filed against a transmitting utility, until at least one year after it is terminated with respect to all secured parties of record. On or after the first anniversary of such lapse or termination date, the filing office or the UCC information management system may remove the financing statement and all related UCC records from the Searchable Indexes or from the UCC information management system and upon such removal, the removed UCC Records shall cease to be Active Records.

Filing and Data Entry Procedures

Section 4. 400 Errors of the filing office. The filing office may correct data entry and indexing errors of filing office personnel in the UCC information management system at any time. If a correction is made to a record of a financing statement after the filing office has issued a search report with a through date and time (see rule 505.3.4) that is on or after the filing date and time of the financing statement, the filing office will associate with the record of the financing statement in the UCC information management system a filing officer statement on the date that the corrective action was taken providing the date and an explanation of the correction.

Data entry. Data are entered into the UCC information management system exactly as provided in a UCC record, without regard to apparent errors. Data provided in electronic form is transferred to the information management system exactly as submitted by the remitter.

Verification of data entry. The filing office will verify accuracy of the data from UCC records entered in accordance with Rule 401 into the UCC information management system. Data entry performed by remitters with respect to electronically filed UCC records is the responsibility of the remitter and is not verified by the filing office.

Master amendments. Not available as of 7/31/2012 Notice of bankruptcy. The filing officer shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system.

Redaction of certain information. The filing officer [is/may be] obliged to redact certain information from the information it provides to searchers and bulk data purchasers in accordance with applicable privacy and identity theft protection laws. Such information should not be included in UCC records and will be redacted in accordance with such laws.

Section 5.

Search Requests and Reports General requirements. The filing officer maintains for public inspection a searchable index for all Active Records in the UCC information management system. Active Records will be retrievable by the name of the debtor or by the file number of the related initial financing statement, and each Active Record related to an initial financing statement is retrieved with the initial financing statement using either retrieval method.

Search requests - required information. Search requests shall include the following:

501.1 Name searched. A search request must set forth the name of the debtor to be searched using designated fields for organization or individual first, middle and last names. A search request will be processed using the data and designated fields exactly as submitted, including the submission of no data in a given field, without regard to the nature or character of the debtor that is subject of the search.

501.2 Requesting party. The name and address of the person to whom the search results is to be sent.

501.3 Fec. The appropriate fee shall be tendered by a method described in rule 106.

501.4 Search logic. The request shall specify if a search methodology other than that described in

rule 503.1 is to be applied in conducting the search, as long as that methodology is available through the filing office. 502 Search requests - optional information. Search requests may include the following:

502.1 Copies. If permitted by the filing office the request may limit the copies of UCC records that would normally be provided with a search report by requesting that no copies be provided or that copies be limited to those UCC records that:

502.1.1 include a particular debtor address;

502.1.2 include a particular city in the debtor address;

502.1.3 were filed on a particular date or within a particular range of dates; or

502.1.4 include a particular secured party name.

502.2 Scope of search. A search request may ask for a search that reports all Active Records retrieved by the search rather than only Unlapsed Records retrieved by the search.

502.3 Mode of delivery. A search request may specify a mode of delivery for search results and that request will be honored if the requested mode is made available by the filing office, and all requisite fees are tendered.

502.4 Search request with filing. If a filer requests a search at the time an Initial financing statement is filed by submitting a search request with the Initial financing statement at the time it is tendered for filing, the search request shall be deemed to request a search to be conducted as soon as practicable such that it would include all UCC records filed, against the debtor name(s) provided on the Initial financing statement, on or prior to the date the Initial financing statement is filed. The search to reflect should be held until the filing office through date meets or exceeds the date the Initial financing statement was filed.

Search methodology. Search results are produced by the application of search logic to the name presented to the filing officer. Human judgment does not play a role in determining the results of the search.

503.1 Standard search logic. The following rules describe the filing office's standard search logic and apply to all searches except for those where the search request specifies that a nonstandard search logic and was available through the filing office, be used:

503.1.1 There is no limit to the number of matches that may be returned in response to the search criteria.

503.1.2 No distinction is made between upper and lower case letters.

503.1.3 The character "&" (the ampersand) is deleted and replaced with the characters "and" each place it appears in the name.

503.1.4 Punctuation marks and accents are disregarded. For the purposes of this rule, punctuation and accents include all characters other than the numerals 0 through 9 and the letters A through Z (in any case) of the English alphabet.

503.1.5 The following words and abbreviations at the end of an organization name that indicate the existence or nature of the organization are "disregarded" to the extent practicable as determined by the filing office's programming of its UCC information management system.

503.1.6 The word "the" at the beginning of an organization debtor name is disregarded.

503.1.7 All spaces are disregarded.

503.1.8 For first and middle names of individual debtor names, initials are treated as the logical equivalent of all names that begin with such initials, and first name and no middle name or initial is equated with all middle names and initials. For example, a search request for "John A. Smith" would cause the search to retrieve all filings against all individual debtors with "John" or the initial "J" as the first name, "Smith" as the last name, and with the initial "A" or any name beginning with "A" in the middle name field. If the search request were for "John Smith" (first and last names with no designation in the middle name field), the search would retrieve all filings against individual debtors with "John" or the initial J as the first name, "Smith" as the last name and with any name or initial or no name or initial in the middle name field.

503.1.9 If the name being searched is the last name of an individual debtor name without any first or middle name provided, the search will retrieve from the UCC information management system all financing statements with individual debtor names that consist of only the last name.

503.1.10 After using the preceding rules to modify the name being searched, the search will retrieve from the UCC information management system all Unlapsed Records, or, if requested by the searcher, all Active Records, that pertain to financing statements with debtor names that, after being modified as provided in this rule 503, exactly match the modified name being searched.

503.2 Non-standard search logic. The following non-standard search logic options may be requested on a search request and will be applied when requested: Not available as of 7/31/2012

503.2.1 [insert description of non-standard search logic offered] Not available as of 7/31/2012

503.2.2 [insert description of non-standard search logic offered] Not available as of 7/31/2012 Comment: The description(s) of non-standard logic might be generic or refer to a programming or implementation guide outside the rules because unlike the standard search logic, they are not applied to determine the legal sufficiency of a debtor name.

Changes in standard search logic. If the filing office changes its standard search logic or the implementation of its standard search logic in a manner that could alter search results, the filing office will provide public notice of such change.

Search responses. Responses to a search request may include the following:

505.1 Copies. Copies of all UCC records retrieved by the search unless only limited copies are requested by the searcher. Copies may reflect any redaction of personal identifying information required by law.

505.2 Introductory information. A filing officer may include the following information with a UCC search response:

505.2.1 Filing office identification. Identification of the filing office responsible for the search response.

505.2.2 Unique search report identification number. Unique number which identifies the search report

505.2.3 Report date and time. The date and time the report was generated.

505.2.4 Through date and time. The date and time at or prior to which a UCC record must have been filed with the filing office in order for it to be reflected on the search.

505.2.5 Certification language.

505.2.6 Scope of search. Active/Unlapsed

505.2.7 Search logic used. IACA Recommended Standard Search Logic/Other.

505.2.8 Search logic disclaimer language.

505.2.9 Name provided. Name as provided by searcher.

505.2.10 Search string. Normalized name as provided by rule 503.

505.2.11 Lien type searched. [UCC or other type of documents searched]

505.2.12 Copies. [Certified/Copies not Requested/Partial Copies/Limited Copies/Specified Copies/Date Range].

505.3 Report. The search report may contain the following.

505.3.1 Identification. Identification of the filing office responsible for the search report.

505.3.2 Search report identification number. Unique number assigned under rule 505.3.2.

505.3.3 Identification of financing statement. Identification of each initial financing statement, including a listing of all related amendments, correction statements, or filing officer notices, filed on or prior to the through date corresponding to the search criteria (including whether the searcher has requested Active Records or only Unlapsed Records). Financing statement information may include, but is not limited to the following:

505.3.3.1 Initial financing statement file number. The initial financing statement file number.

505.3.3.2 Initial financing statement filing date and time. The date and time it was filed.

505.3.3.3 Lapse date. Provide lapse date.

505.3.3.4 Debtor name. The debtor name(s) that appear(s) of record.

505.3.3.5 Debtor address. The debtor address(s) that appear(s) of record.

505.3.3.6 Secured party name. The secured party name(s) that appear(s) of record.

505.3.3.7 Secured party address. The secured party address(es) that appear(s) of record.

505.3.3.8 Amendment type. An indication of type of each amendment, if any.

505.3.3.9 Amendment filing date and time. The date and time each amendment, if any, was filed.

505.3.3.10 Amendment file number. The amendment file number of each amendment, if any.

505.3.3.11 Correction statement filing date and time. The date and time a correction statement, if any, was filed.

505.3.3.12 Filing officer statement filing date and time. The date and time a filing officer statement, if any, was filed.

Series 36 Contested Case Hearings For Uniform Commercial Code

W. Va. Code R. § 153-36-1 General

1.1. Scope. -- These procedural rules establish the general procedures for conducting contested case hearings related to Uniform Commercial Code filings by the Secretary of State.

1.2. Authority. -- §46-9-516.

1.3. Filing Date. -- November 28, 2006.

1.4. Effective Date. -- December 29, 2006.

W. Va. Code R. § 153-36-2 Request for Hearing Following Denial of UCC Filings

2.1. Any individual or firm who has had a filing refused may request a hearing.

2.2. The request shall be in writing and shall specify the reasons for the request and the relief sought.

2.3. Requests for a hearing following denial of filings must be received by the Secretary of State within fifteen (15) days from the date the applicant receives the denial letter as indicated by the return receipt.

2.4. The Secretary of State may deny a hearing under this section if the request is received after the fifteen (15) day period.

2.5. Receipt of a request for a hearing by the Secretary of State shall begin the hearing process.

2.6. The requested hearing shall be held within forty-five (45) days from the receipt of the request by the Secretary of State.

2.7. A notice of the hearing shall be served upon the party requesting the hearing at least thirty (30) days prior to the hearing and shall be delivered by certified mail return receipt requested.

W. Va. Code R. § 153-36-3 Reapplication Following Denial of Filing

3.1. The Secretary of State shall not accept any refiling unless the applicant can clearly demonstrate or document corrections or compliance with the conditions or terms which caused the denial of the initial filing.

W. Va. Code R. § 153-36-4 Conduct of Hearings

4.1. Any party shall have the right to be represented by an attorney-at-law, duly qualified to practice in the State of West Virginia.

4.2. The Secretary of State may be represented by the office of the Attorney General.

4.3. The rules of evidence as applied in civil cases in the circuit court of this State shall be followed.

4.4. When necessary to ascertain facts not reasonably susceptible to proof under said rules of evidence, evidence not admissible thereunder shall be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.

4.5. The agency shall be bound by the rules of privilege recognized by law.

4.6. Documentary evidence may be received in the form of copies or excerpts or by incorporation of reference.

4.7. Initially the agency shall be given opportunity to present evidence, including testimony, papers, records, agency staff memoranda and documents in the possession of the agency in support of its position.

4.8. Every party shall have the right of cross-examination of witnesses who testify, and following the conclusion of the agency§s presentation, shall have the right to submit rebuttal evidence.

4.9. The Secretary of State shall have the right to cross-examine witnesses providing rebuttal testimony.

4.10. Following the presentation of all the evidence, every party, including the Secretary of State, shall have the right to offer argument, not to exceed a reasonable time limit as determined by the Secretary or the hearing examiner.

W. Va. Code R. § 153-36-5 Continuation or Delay of Hearing

5.1. Hearings may be continued or delayed by request of any party to the Secretary of State or at the request of the Secretary of State.

5.2. Each party, including the Secretary of State, shall be permitted only one (1) motion to continue or delay a hearing.

5.3. Any continuance or delay shall not exceed fifteen (15) days from the last scheduled date of the hearing.

5.4. A motion to continue or delay must be received by all parties affected at least five (5) days prior to the date of the hearing that is to be continued or delayed.

W. Va. Code R. § 153-36-6 Transcription of Reported Testimony and Evidence

6.1. What reported. -- All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

6.2. Request from any party. -- Upon the request to the Secretary from any party to the hearing, all reported materials shall be transcribed and a copy thereof furnished to such party at the requesting party§s expense.

6.3. Transcription in the event a hearing examiner is appointed. -- In all cases where a hearing examiner is appointed, all reported material shall be transcribed and forwarded to the Secretary. Any parties requesting a copy of a transcript prepared pursuant to this subsection shall be furnished a copy at their expense.

6.4. Responsibility for transcript. -- The Secretary shall have the responsibility for making arrangements for the transcription of the reported testimony and evidence. In the event transcription is required pursuant to this section it shall be accomplished with all dispatch.

6.5. Correction of error in transcript. -- Upon the motion of the Secretary of any party assigning error or omission in any part of any transcript, the Secretary or his duly appointed hearing examiner shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and revised in the respects designated, so as to make it conform to the whole truth.

W. Va. Code R. § 153-36-7 Submission of Proposed Findings of Fact And Conclusions of Law; Time for Submission

Any party may submit to the Secretary proposed findings of fact and conclusions of law within thirty (30) days of the conclusion of a hearing or, in the event the proceedings of a hearing are transcribed, within twenty (20) days from the date the final transcript is available.

W. Va. Code R. § 153-36-8 Appointment of Hearing Examiner; Function Of Hearing Examiner

The Secretary may, in his discretion, appoint a hearing examiner who shall be empowered to subpoena witnesses and documents, administer oaths and affirmations, to examine witnesses under oath, to rule on evidentiary questions, to hold conferences for the settlement or simplification of issues by consent of the parties and to otherwise conduct hearings as provided in Section 5 of these rules.

W. Va. Code R. § 153-36-9 Conferences; Informal Disposition of Cases

At any time prior to the hearing or thereafter, the Secretary or his duly appointed hearing examiner may hold conferences:

9.1. To dispose of procedural request or similar matters;

9.2. To simplify or settle issues by consent of the parties; or

9.3. To provide for the informal disposition of cases by stipulation, agreed settlement or consent order.

The Secretary or his duly appointed hearing examiner may cause such conferences to be held on his own motion or by the request of a party.

W. Va. Code R. § 153-36-10 Depositions Permitted

Evidentiary depositions may be taken and read into evidence as in civil actions in the circuit courts of this State.

W. Va. Code R. § 153-36-11 Subpoenas

11.1. Where permitted. -- In accordance with any provision contained in W. Va. Code §§30-1-1 and 30-18-1, as amended, authorizing the Secretary to issue subpoenas or subpoenas dueces tecum, the Secretary or his duly appointed hearing examiner shall have the power to issue subpoenas or subpoenas duces tecum pursuant to the provisions set forth in W. Va. Code §29A-5-1b.

11.2. Time for requesting the issuance of subpoenas. -- Written requests for the issuance of subpoenas or subpoenas duces tecum as provided in Subsection 12.1 of this section shall be made no later than ten (10) days prior to a scheduled hearing.

W. Va. Code R. § 153-36-12 Orders; Content

Every final order entered by the Secretary, following a hearing conducted pursuant to these rules, shall be made pursuant to the provisions of W. Va. Code 29A-5-9a. Such orders shall be entered within forty-five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts and proposed findings of fact and conclusions of law.

W. Va. Code R. § 153-36-13 Appeal

An appeal from any final order or ruling entered in accordance with these regulations shall be in accordance with the provisions of W. Va. Code §29A-5-4.

W. Va. Code R. § 153-36-14 Severability

If any provision of these rules or the application thereof to any person or circumstance shall be held invalid, such invalidity thereof shall not affect the provision or application of these regulations which can be given effect without the invalid provision or application and to this end the provisions of these regulations are declared to be severable.

153CSR36

153CSR36

Series 37 Administration of the Address Confidentiality Program

W. Va. Code R. § 153-37-1 General

1.1. Scope. -- This legislative rule is written to facilitate the administration of the Address Confidentiality Program. The rule describes the manner and process for application to the program by prospective participants and application assistants. The rule further includes sections on cancellation of program certification, exercise of program participant privileges, program participation renewal, application for agency disclosure requests, disclosure to law enforcement, service of process and establishes uniform statewide procedures for maintaining the confidentiality of a program participant's name and address information in voting records.

1.2. Authority. -- W. Va. Code § 48-28A-110.

1.3. Filing Date. -- May 2, 2013

1.4. Effective Date. -- May 2, 2013

W. Va. Code R. § 153-37-2 Definitions

2.1. “Absentee Voting” means a process during a period prescribed in W. Va. Code §3-3-1 wherein a qualified voter may receive a ballot by mail, or electronically when permitted, and may return the voted ballot in a manner prescribed by law.

2.2. "Agency" means an office, department, division, bureau, board, commission, or other statutory unit of state or local government or any functional subdivision of that agency.

2.3. “Applicant” means an adult, a parent or guardian acting on behalf of an eligible minor, or a guardian on behalf of an incapacitated person applying for certification in the Address Confidentiality Program as a program participant.

2.4. “Application” means a standard application form provided by the Secretary of State which must be completed by an applicant with an application assistant.

2.5. “Application assistant” means an employee of a state or local agency, or of a nonprofit program that provides counseling, referral, shelter or other specialized service to victims of domestic abuse, rape, sexual assault or stalking, and who has been designated by the respective agency or nonprofit program, and trained, accepted and registered by the Secretary of State to assist individuals in the completion of program participation applications.

2.6. “Authorization card” means a card issued by the Secretary of State to a program participant upon certification, which includes program participant’s name, authorization code, designated address and certification expiration date.

2.7. “Authorization code” means a number assigned to a program participant upon acceptance into the program.

2.8. “Certification” means the process by which an applicant is determined eligible to participate in the program.

2.9. “Critical precinct list” means a list of precincts maintained by each county clerk’s office in which program participants are registered to vote.

2.10. "Designated address" means the address assigned to a program participant by the Secretary of State.

2.11. “Designated county contact” means the county clerk or her or his designee who will be the primary contact for the Secretary of State for this program.

2.12. "Mailing address" means an address that is recognized for delivery by the United States Postal Service.

2.13. “Program” means the Address Confidentiality Program established by WV Code 48-28A-101.

2.14. “Program manager” means the employee, within the Office of the Secretary of State, designated by the Secretary of State to operate and manage the Address Confidentiality Program.

2.15. “Program participant” means a person certified by the Secretary of State to participate in the Address Confidentiality Program.

2.16. "Protected records voter" means a program participant who has applied and qualified as a registered voter during the time she or he is certified as a program participant.

2.17. "Record" means any information relating to the conduct or performance of a governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

2.18. "Residential address" means a residential street, school or work address of an individual, as specified on the individual's application to be a program participant.

2.19. “Special Absentee Voting List” is the list of voters that are eligible to vote an absentee ballot who are permanently and totally physically disabled and are unable to vote in person at the polls and eligible participants in the Address Confidentiality Program.

W. Va. Code R. § 153-37-3 Application Assistant Registration

3.1. All application assistants must be registered by the Secretary of State to participate in this program, and application assistants will be given a registration number once registered.

3.2. Application assistant registration will only be awarded when the prospective application assistant:

3.2.1. Is a service provider or works with an agency and can demonstrate to the Secretary of State relevant qualifications to work with victims of domestic abuse, rape, sexual assault or stalking;

3.2.2. Successfully completes any program orientation or training session sponsored by the Office of the Secretary of State;

3.2.3. Completes an application for prospective application assistants which includes the applicant’s name, address, service provider or agency, supervisor’s name and relevant qualifications;

3.2.4. Agrees to adhere to the policies, procedures and directions provided by the Secretary of State for rendering assistance to program applicants; and

3.2.5. Agrees to adhere to the instructions and terms provided in the application assistant agreement proscribed by the Secretary of State.

3.3. Application assistant registration shall be valid for two years, unless terminated sooner as provided herein.

3.4. The application assistant agrees not to discriminate against any client, or potential program participant, because of race, creed, color, national origin, gender, sexual orientation, age, or mental, physical or sensory disability.

3.5. The application assistant performing under this agreement is not deemed to be an employee of the Secretary of State or an agent of the Secretary of State in any manner whatsoever. The application assistant will not hold herself or himself out as, nor claim to be an agent or employee of the Secretary of State or the State of West Virginia simply because she or he is a program application assistant and will not make any claim, demand, or application to or for any right or privilege applicable to an agent or employee of the Secretary of State or the State of West Virginia.

3.6. An application assistant’s registration may be terminated by the Secretary of State for failing to abide by any requirement set forth by the Secretary of State or for failing to act in accordance with requirements of the Address Confidentiality Program.

W. Va. Code R. § 153-37-4 Program Participant Application and Certification Process

4.1. An applicant shall complete, date, sign and provide all the information required under W.Va. Code §48-28A-103, and as requested on the application.

4.2. The application shall include an attestation by the applicant that disclosure of the applicant’s address threatens the safety of the applicant or the applicant’s children or the minor or incapacitated person on whose behalf the application is made.

4.3. An applicant shall specify a residential or mailing address in West Virginia for which confidentiality is requested and a telephone number where the applicant may be contacted by the Office of the Secretary of State.

4.4. The application form shall include, but not be limited to, the applicant’s name and date of birth, a listing of all minor children residing with the applicant, including each minor child’s date of birth, and each minor child’s relationship to the applicant, a statement that the applicant shall not disclose her or his residential or mailing address to the alleged batterer, stalker, or person threatening her or his safety or that of her or his minor children, the application preparation date, the printed name and signature and recommendation of the application assistant.

4.5. Acceptance into the program shall be effective on the day an applicant is certified by the program manager.

4.6. An individual who is certified as a program participant shall be issued a program participant’s authorization card which includes her or his name, authorization code, designated address and certification expiration date.

4.7. The term of a program participant’s certification shall be four years unless the certification is withdrawn or canceled pursuant to W.Va. Code § 48-28A-104.

4.8. If there is a change in the program participant’s residential or mailing address from the one listed on the application, the program participant shall notify the program manager in writing of such change within 10 days of the change in residence.

W. Va. Code R. § 153-37-5 Exercise of Program Participant’s Privileges

5.1. A program participant shall request, at the time of creation of a new record, that an agency use the designated address assigned by the Secretary of State as her or his residential or mailing address.

5.2. A program participant shall show her or his authorization card to the agency official creating a new record and request address confidentiality through use of the designated address in lieu of her or his residential or mailing address. The designated address shall appear on the program participant’s authorization card.

5.3. Agency personnel may make a file photocopy of the authorization card and shall immediately return the authorization card to the program participant.

5.4. An agency shall accept the designated address. However, an agency may obtain the program participant’s residential or mailing address pursuant to Section 10 of this rule.

5.5. An agency shall not question the program participant about the details or circumstances of her or his inclusion in the program. Rather, the agency shall accept the determination made by the Secretary of State that she or he is a qualified program participant.

W. Va. Code R. § 153-37-6 Program Participant Renewal

6.1. A program participant may renew her or his program participation by filing a reapplication form accompanied by the printed name, signature and recommendation of the application assistant. The Secretary of State shall send a reapplication form to the program participant at least four weeks before the expiration of the current authorization.

6.2. The Secretary of State may certify a program participant, who has filed a reapplication form, to participate in the program for an additional four year term unless the certification is withdrawn or canceled before that date.

6.3. Upon renewal, the program manager shall issue to the program participant a new authorization card which includes the program participant’s name, authorization code, designated mailing address and certification expiration date.

6.4. Upon receipt of the renewed authorization card, the participant shall return his or her expired authorization card to the Secretary of State to be destroyed.

W. Va. Code R. § 153-37-7 Cancellation of Program Certification

7.1. Program certification shall be canceled if any of the following occur:

7.1.1. The program participant fails to notify the program manager in writing of a change in the program participant’s residential or mailing address or a change in the program participant’s name within 10 days;

7.1.2. Any one of the cancellation conditions provided for by W. Va. Code § 48-28A-103(f); or,

7.1.3. The program participant discloses her or his residential or mailing address to the alleged batterer, stalker, or person threatening her or his safety or that of her or his minor children.

W. Va. Code R. § 153-37-8 Withdrawal and Expiration

8.1. A program participant may withdraw from program participation by submitting to the Secretary of State written notification of withdrawal and her or his current authorization card. Certification shall be terminated on the date of receipt of this notification.

8.2. If the program participant verbally requests withdrawal from the program, but does not return her or his current authorization card, the Secretary of State may, at her or his discretion, cancel program participation based solely on the verbal request. However, before cancellation is effective based on a verbal request, the program manager shall send, via certified mail return receipt requested, written notification to the program participant stating that the verbal request has been received and that the program participant has thirty (30) days from receipt of the letter to inform the program manager that she or he objects to the cancellation.

8.3. A program participant's certification shall expire if the program participant's certification term has lapsed and certification has not been renewed.

8.4. The Secretary of State shall send written notification of the expiration to the participant's last known mailing or residential address. The program participant shall have ten business days in which to appeal the expiration in writing to the Secretary of State.

8.5. In the event that a person is no longer a program participant for any reason, including but not limited to, cancellation, termination or expiration, the Secretary of State shall:

8.5.1. Notify the designated county contact and the Division of Motor Vehicles that the person is no longer a program participant and provide the person’s last known residential and mailing address.

8.5.2. Return any mail received from an agency with a letter explaining the person is no longer a program participant and provide the person’s last known residential and mailing address.

8.5.3. Return all other mail that is not sent from an agency with an indication on the envelope that the person can no longer receive mail at the designated address.

W. Va. Code R. § 153-37-9 Disclosure to Law Enforcement

9.1. A law enforcement agency requesting a program participant’s residential or mailing address must provide the request to the Secretary of State, in the following manner:

9.1.1. The request shall be submitted in writing by the county prosecutor or the United States Attorney having the appropriate jurisdiction for the requesting law enforcement agency.

9.1.2. The request shall be on the letterhead of the county prosecutor or the United States Attorney, shall state the reason the address is required by that law enforcement officer or agency and shall state the identification of the individuals who will have access to the record.

9.2. Once a properly submitted request is received, the program manager shall provide the county prosecutor or United States Attorney with the program participant’s address and document the program participant’s file with the request from law enforcement.

W. Va. Code R. § 153-37-10 Agency Disclosure Request

10.1. An agency requesting a disclosure of the program participant’s residential or mailing address under W. Va. Code § 48-28A-106(a)(2), must provide in writing to the Secretary of State:

10.1.1. Identification of the statute or administrative rule which demonstrates the agency’s bona fide requirement and authority for the use of the residential address of an individual;

10.1.2. Identification and description of the specific record or record series for which the disclosure is requested; and

10.1.3. Identification of the individuals who will have access to the record.

10.2. The Secretary of State shall review an agency’s request for a disclosure.

10.3. During the review and evaluation or reconsideration of an agency’s disclosure request, the agency shall accept the use of a program participant’s designated address.

10.4. The Secretary of State’s determination to grant or deny a disclosure request shall be based on, but not limited to, an evaluation of the information provided by the agency in conformance with the statutory standard of a bona fide statutory or administrative requirement for the use of a program participant’s residential address.

10.5. If the Secretary of State determines that an agency has a bona fide statutory or administrative requirement for the use of a program participant’s residential or mailing address information which will only be used for those statutory and administrative purposes, the Secretary may issue the granted disclosure in writing. When granting a disclosure request, the Secretary may include:

10.5.1. Any obligations for the agency to maintain the confidentiality of a program participant’s residential or mailing address;

10.5.2. Any limitations on use and access to the residential or mailing address;

10.5.3. Any term during which the granted disclosure is authorized for the agency;

10.5.4. Any designation of the record format on which the residential or mailing address may be maintained;

10.5.5. A date by which an agency may no longer maintain a record of the residential or mailing address; and

10.5.6. Any other provisions and qualifications determined appropriate by the Secretary of State including addressing any particular provisions pertinent to the requesting agency.

10.5.7. If an agency request is based on the safety and welfare of a minor or an incapacitated person, then the Secretary of State shall respond to such request in an expedited manner.

10.6. The Secretary of State’s denial of an agency’s disclosure request shall be made in writing and include a statement of the specific reasons therefore.

10.7. An agency may seek reconsideration of the denial of its request by resubmitting its written request within 60 days of the issuance of a denial. The request may be accompanied by additional information and an explanation of corrective action taken to alleviate concerns and considerations included in the Secretary of State’s denial determination. Final administrative determination shall be made by the Secretary of State.

W. Va. Code R. § 153-37-11 Service of Process

11.1. The Secretary of State shall be an agent of the program participant upon whom any service of process, notice or demand may be served.

11.2. Service on the Secretary of State of any such service of process, notice or demand shall be made by mail or delivery to the Secretary of State at her or his office two copies of the process, notice or demand. If by mail, such service of process, notice or demand shall be made on the Secretary of State at her or his regular mailing address and not at the designated address of the program participant.

11.3. If such service of process, notice or demand is served on the Secretary of State on behalf of the program participant, the Secretary of State shall immediately forward, via certified mail return receipt requested, a copy to the program participant at the participant’s residential or mailing address.

11.4. The Secretary of State shall maintain, in the program participant’s file, a record of any service of process, notice or demand served upon the Secretary of State for that participant. The Secretary of State shall include in the file the date of such service and the Secretary of State’s action.

11.5. Service or acceptance of process or notice is sufficient if return receipt is signed by the program participant, or if the registered or certified mail sent by the Secretary of State is refused by the program participant and the registered or certified mail is returned to the Secretary of State, or to her or his office, showing the stamp of the United States Postal Service that delivery has been refused, and the return receipt or registered or certified mail is appended to the original process or notice and filed in the clerk’s office of the court from which the process or notice was issued. The Secretary of State may redact the residential address from any document filed with the court unless otherwise ordered by the court.

W. Va. Code R. § 153-37-12 Protected Records Voter Registration

12.1. A program participant shall have the opportunity to apply through the Secretary of State’s office for a new voter’s registration using her or his designated address and may cancel any previous registration.

12.2. The Secretary of State shall determine the correct precinct for the program participant and notify the designated county contact.

12.3. The designated county contact will add the determined precinct to the critical precinct list and notify the program manager of any changes made to precincts maintained on the list.

12.4. The program manager will maintain a list of precincts and program participants’ residential and mailing addresses.

W. Va. Code R. § 153-37-13 Maintaining Protected Records Voter Information

13.1. The residential and/ true mailing address for a protected records voter shall not be maintained on any voter registration data base and shall not be publicly accessible regardless of the type of records management system.

13.2. At least sixty days before every special, primary, or general election, the designated county contact shall review all critical precinct lists and update the appropriate voter records as necessary. Notification shall be sent to the affected program participant.

13.3. A program participant shall have the right to vote in the same manner as any other qualified voter within the state, including requesting an absentee ballot and/or placement on the special absentee voting list.

13.4. The program participant shall apply for an absentee ballot and/or placement on the special absentee voting list through the Secretary of State’s Office.

13.5 The program manager shall coordinate the provision of a ballot to a program participant with the designated county contact.

13.6 The designated county contact shall maintain a record of absentee ballots sent to protected records voters and a record of ballots returned.

W. Va. Code R. § 153-37-14 Undeliverable Ballot

14.1. If any protected records voter's absentee ballot is declared undeliverable by the post office and returned to the Secretary of State, the program manager shall attempt to determine the cause of this occurrence and inform the designated county contact of any relevant information regarding the reason for the ballot's return.

W. Va. Code R. § 153-37-15 Election Contest Procedures

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.

W. Va. Code R. § 153-37-16 Confidentiality

16.1. All records pertaining to the program participant shall be kept confidential. A request to ascertain if an individual is a program participant shall be in writing and addressed to the program manager. Upon receipt of a written request, the program manager shall confirm, in writing within ten (10) days, whether or not an individual is a program participant, but the program manager shall not disclose any further information about the program participant. A copy of such written confirmation shall also be sent to the program participant.

W. Va. Code R. § 153-37-17 Mail Procedures

17.1. The Secretary of State shall take reasonable precautions to ensure outgoing mail from the Secretary of State’s office addressed to participants at their residential or mailing address remains secure and confidential.

Series 38 Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting By Mail

W. Va. Code R. § 153-38-1 General

1.1. Scope. -- This rule governs the West Virginia Vote By Mail Pilot Program, created by the Legislature in regular session, 2009, for Class IV municipalities who choose to conduct early voting by mail. The rule establishes the guidelines which are to be used by the municipal recorder or other officer, hereafter "Clerk", authorized by charter or ordinance provisions to conduct voting for any election held entirely within a Class IV municipality.

1.2. Authority .- W.Va. Code § 3- 3A-3.

1.3. Filing Date. -- May 2, 2010

1.4. Effective Date. -- June 1, 2010

W. Va. Code R. § 153-38-2 Definitions

1.1. For the purposes of this rule:

1.1.a. "Assistance in voting" as used in this rule means assistance in physically marking the official early voting by mail ballot for a voter, or reading or directing the voter's attention to any part of the official early voting by mail ballot.

1.1.b. "Class IV municipality" means incorporated town or village with a population of two thousand or less, as defined in W.Va.

Code §§8-1-2 and 8-1-3.

1.1.c. "Clerk" means the municipal recorder or other officer authorized by charter or ordinance provisions to conduct voting for any election held entirely within a Class IV municipality.

1.1.d. "Mailed" means delivered by the U.S. Postal Service or by other express delivery service.

1.1.e. "Voting an early voting by mail ballot by personal appearance" means completing the early voting by mail ballot in person at the clerk's office during the early voting period and hand-delivering the ballot to the clerk.

W. Va. Code R. § 153-38-3 Intent to Conduct Early Voting by Mail

3.1. Each Class IV municipality wishing to conduct early voting by mail shall adopt an ordinance expressing the municipality's intent to conduct early voting by mail in lieu of early in-person absentee voting.

3.2. . Each Class IV municipality having adopted vote-by-mail, shall notify the public as prescribed in section 4 of this rule, and, in addition, may give public notice in any other manner considered appropriate by the municipality.

3.3. Each Class IV municipality wishing to conduct early voting by mail shall notify the Secretary of State in writing no later than the end of business on the last day of January of the year in which the election will be held or such notice may be postmarked by midnight on the last day of January in which the election will be held.

3.4. The clerk, or his or her designee, of each Class IV municipality wishing to conduct early voting by mail shall attend mandatory training provided by the Secretary of State or the municipality will forfeit participation in the early voting by mail program.

W. Va. Code R. § 153-38-4 Notice of Early Voting by Mail

4.1. Notice of early voting by mail shall be mailed to each registered voter in the municipality no more than four weeks nor less than two weeks prior to the start of the early voting period.

4.2.

Notice may be included in any utility or service statement or invoice mailed to every household in the municipality or by a postcard sent to all registered voters in the municipality.

4.3. Notice shall include:

4.3.a. « (municipality name) ordinance (ordinance reference) provides that early voting will be conducted by mail instead of voting in person at (usual early voting location)."

4.3.b. The procedure for requesting an early voting by mail ballot including:

4.3.b.1. That a ballot may be requested by contacting the Clerk or his or her designees.

4.3.b.2. Manner in which to contact the Clerk or designee.

4.3.b.3. Notice that voter must fill out and return an early voting by mail ballot application.

4.3.c. The deadline a request for an early voting by mail ballot must be received in the office.

4.3.d. The deadline for casting an early voting by mail ballot.

4.3.e Any other information necessary to request an early voting by mail ballot.

W. Va. Code R. § 153-38-5 Application for Ballot;

Required Materials with Ballot;

Voting an Early Voting Ballot by Mail. .1. Upon oral or written request, the clerk shall provide to any voter of the municipality, in person, by mail, by electronic mail or by facsimile the appropriate application for voting early by mail as provided in W.Va. Code §3- 3A-1 et seq .. The voter shall complete and sign the application in his or her own handwriting or, if the voter is unable to complete the application because of illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided.

5.2. Completed applications for voting early by mail are to be accepted when received by the clerk in person, by mail, by electronic mail or by facsimile no more than four weeks prior to the start of early voting, nor less than six days prior to Election Day.

5.3. Upon acceptance of a completed application, the clerk shall determine whether the following requirements have been met:

5.3.a. The application has been completed as required by W.Va. Code §3-3-2(b)(1)-(3);

5.3.b. The applicant is duly registered to vote in the precinct of his or her residence and, in a primary election, is qualified to vote the ballot of the political party requested; and

5.3.c. The applicant is not making his or her first vote after having registered by postcard registration.

5.3.d. The applicant is making his or her first vote after having registered by postcard registration and has provided a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter, submitted with the application.

5.4. If the clerk determines that the required conditions have been met, two representatives that are registered to vote with different political party affiliations shall sign their names in the places indicated on the back of the official ballot. If the clerk determines the required conditions have not been met, or has evidence that any of the information contained in the application is not true, the clerk shall give notice to the voter that the voter's early voting by mail ballot will be challenged as provided in this rule and shall enter that challenge.

5.5. Within one day after the clerk has received the completed application, the clerk shall mail to the voter at the address given on the application the following items as required and as prescribed by the Secretary of State:

5.5.a. One of each type of official early voting by mail ballot the voter is eligible to vote, prepared according to law;

5.5.b. One envelope, unsealed, which may have no marks except the designation "Early Voter's Ballot Envelope No. 1" and printed instructions to the voter;

5.5.c. One mailing envelope, unsealed, designated "Early Voter's Ballot Envelope No. 2";

5.5.d. Instructions for voting early by mail including:

5.5.d.1. Instructions for marking the ballot, placing it in the secrecy envelope (Envelope No. 1) and the ballot return envelope (Envelope No.

2. and signing the ballot return envelope;

5.5.d.2. A warning that the ballot return envelope must be signed or the ballot will not be counted;

5.5.d.3. A warning that signing someone else's ballot return envelope is illegal;

5.5.d.4. An alternative procedure for any person who is unable to sign a ballot return envelope;

5.5.d.5. A procedure for returning a spoiled ballot should the voter make a mistake or otherwise need a new ballot; and

5.5.d.6. A prominently displayed notice that each ballot must be mailed or brought to the municipal precinct by the close of the early voting period.

5.5.e. For electronic systems, a device for marking by electronically sensible pen or ink, as may be appropriate;

5.5.f. Notice of the amount of postage required to return the ballot using First Class USPS postage;

5.5.g. Notice that a list of writein candidates is available upon request; and

5.5.h. Any other supplies required for voting in the particular voting system.

5.6. The voter shall mark the ballot alone: Provided, That the voter may have assistance in voting according to the provisions of W.Va. Code §3-3-6.

5.7.

After the voter has voted the ballot or ballots to be returned by mail, the voter shall:

5.7.a. Place the ballot or ballots in Envelope no. 1 and seal that envelope;

5.7.b Place the sealed envelope no. 1 in Envelope no. 2 and seal Envelope no. 2;

5.7.c. Complete and sign the forms on Envelope no. 2; and

5.7.d. Return that Envelope to the clerk.

5.8.

Early voting by mail ballots returned by United States mail or other express shipping service are to be accepted if:

5.8.a. If the ballot is returned in person or by other express shipping service, the ballot is received by the clerk no later than the close of the early voting period; or

5.8.b. If the ballot is returned by United States Postal Service, the ballot bears a postmark of the United States Postal Service dated no later than the close of the early voting period and the ballot is received by the clerk no later than the hour at which the board of canvassers convenes to begin the canvass.

5.9.

Ballots received after the proper time which cannot be accepted are to be placed unopened in an envelope marked for the purpose and kept secure for twenty-two months following the election, after which time they are to be destroyed without being opened.

5.10. Early voting by mail ballots which are hand delivered are to be accepted if they are received by the clerk no later than the close of the early voting period: Provided, That no person may hand deliver more than two early voting by mail ballots in any election and any person hand delivering an early voting by mail ballot assigned to and voted by a voter, who is not the individual delivering the early voting by mail ballot, is required to certify that he or she has not examined or altered the ballot. Any person who makes a false certification violates the provisions of W.Va. Code §3-9-1 et seq. and is subject to those provisions.

5.11. Upon receipt of the sealed envelope, the clerk shall:

5.11.a. Enter onto the envelope any information required for tracking;

5.11.b. Enter the challenge, if any, to the ballot;

5.11.c. Enter the required information into the municipality's voter

history record of persons applying for and voting an early voting by mail ballot in person; and

5.11.d. Place the sealed envelope into a ballot box that is secured by two locks with a key to one lock kept by a member of the city council and a key to the other lock kept by the clerk.

W. Va. Code R. § 153-38-6 Assistance to Voter in Voting an Early Voting by Mail Ballot

6.1.

A voter may not receive any assistance in voting an early voting by mail ballot unless he or she makes a declaration at the time he or she applies for an early voting by mail ballot that because of blindness, disability, advanced age or inability to read or write he or she requires assistance in voting an early voting by mail ballot.

6.2. Upon receipt of an early voting ballot by mail, the voter who requires assistance in voting such ballot and who has indicated he or she requires such assistance and the reasons therefore on the application may select any eligible person to assist him or her in voting.

6.3. The person providing assistance in voting an early voting by mail ballot shall make an affidavit on a form as provided by the Secretary of State, that he or she will not in any manner request, or seek to persuade, or induce the voter to vote any particular ticket or for any particular candidate or for or against any public question, and that he or she will not keep or make any memorandum or entry of anything occurring while assisting the voter, and that he or she will not, directly or indirectly, reveal to any person the name of any candidate voted for by the voter, or which ticket he or she had voted, or how he or she had voted on any public question, or anything occurring while assisting the voter, except when required pursuant to law to give testimony as to such matter in a judicial proceeding.

W. Va. Code R. § 153-38-7 Delivery of Early Voting by Mail Ballots to Polling Places

7.1. Except as otherwise provided in this rule, in municipalities using paper ballot systems or voting machines, the early voting by mail ballots of each precinct, together with the applications for the early voting by mail ballots, the affidavits made in connection with assistance in voting and any forms, lists and records as may be designated by the Secretary of State, are to be delivered in a sealed carrier envelope to the election commissioner of the precinct at the time he or she picks up the official ballots and other election supplies as required by W.Va. Code §3-1-24.

7.2. Ballots received after delivery described in §7.1

7.2.a. Early voting by mail ballots received after the delivery in §7.1 , but before closing of the polls, are to be delivered to the designated election commissioner of the precinct by the clerk in person or by messenger before the closing of the polls, provided the ballots are received by the official in time to make the delivery.

7.2.b. Any ballots received by the official after the time that delivery may reasonably be made but within the time required as provided in section five of this rule are to be delivered to the board of canvassers along with the provisional ballots.

W. Va. Code R. § 153-38-8 Disposition and Counting of Early Voting by Mail Ballots

8.1. Upon receipt of an early voting by mail ballot, the clerk or clerk's designee shall mark the voter's record in the poll book indicating the voter has voted in the election. The ballot shall be sorted according to precinct and shall be placed in the ballot box designated for the precinct to be kept locked until ballots are counted after the polls close on Election Day.

8.2. In municipalities using paper ballots, all early voting by mail ballots shall be processed as follows:

8.2.a. The ballot boxes containing the early voting by mail ballots shall be opened in the presence of the clerk and two representatives of opposite political parties;

8.2.b. The ballots shall be separated by precincts as stated on the sealed envelopes containing the ballots; and

8.2.c. Early voting by mail ballots shall be delivered to the polls to be opened and counted in accordance with W.Va. Code §§ 3-1-33, 3-5-15, and

3-6-6. Disclosure of any results before the voting has been closed and the precinct returns posted on the door of the polling place shall be a per se violation of the oath taken by the counting board.

8.3. In municipalities using optical scan systems, the early voting by mail ballots shall be processed as follows:

8.3.a. On election day, the ballot boxes containing the early voting by mail ballots shall be delivered to the central counting center and opened in the presence of the clerk and two representatives of opposite political parties; and

8.3.b. The early voting by mail ballots shall be counted in accordance with W.Va. Code §3-4A-27.

8.4.

In municipalities using direct recording elections systems, the early voting by mail ballots shall be counted as follows:

8.4.a. On election day, the ballot boxes containing the paper early voting by mail ballots shall be delivered to the central counting center and opened in the presence of the clerk and two representatives of opposite political parties; and

8.4.b. Each early voting by mail ballot shall be recorded on a direct recording voting terminal designated by the clerk as the terminal for early voting by mail tabulations, after being read aloud by a separate team of two representatives of opposite political parties;

8.4.c. The ballot shall be verified by both teams as being accurately printed on the paper receipt before the ballot is tabulated; and

8.4.d. The procedures set out in W.Va. Code § 3-4A-27(a), (b), (d), and (e) and W.Va. Code § 3-4A-27 (c)(3-6) shall be followed.

8.5. The provisional ballots shall be deposited in a provisional ballot envelope and delivered to the board of canvassers.

8.6. Any election official who determines a person has voted an early voting by mail ballot and has also voted at the polls on election day must report the fact to the prosecuting attorney of the county in which the votes were cast.

W. Va. Code R. § 153-38-9 Voting in Person After Having Received and After Having Voted an Early Voting by Mail Ballot

9.1. Any person who has applied for and received an early voting by mail ballot but has not voted and returned the same to the clerk may vote in person at the polls on election day, provided he or she returns the early voting by mail ballot to the election commissioners at the polling place. Upon return of the early voting by mail ballot, the election commissioners shall destroy the ballot in the presence of the voter, and one of the poll clerks shall make a notation of this fact as directed by instructions issued by the Secretary of State at http://www.sos.wv.gov/elections/historyre source/Pages/default.aspx

9.2. In the event the person does not return the early voting by mail ballot, he or she will have his or her vote challenged by one or more of the election commissioners or poll clerks.

9.3. No person who has voted an early voting by mail ballot may vote in person on the day of the election.

W. Va. Code R. § 153-38-10 Challenging of Early Voting by Mail ballots

10.1. The clerk may challenge an early voting by mail ballot on any of the following grounds:

10.1.a That the application for an early voting by mail ballot has not been completed as required by law;

10.1.b. That any statement or declaration contained in the application for an early voting by mail ballot is not true;

10.1.c. That the applicant for an early voting by mail ballot is not registered to vote in the precinct of his or her residence as provided by law;

10.1.d. That the person voting an early voting by mail ballot by personal appearance in his or her office had assistance in voting the ballot when the person was not qualified for voting assistance because: (A) The affidavit of the person who received assistance does not indicate a legally sufficient reason for assistance; or (B) the person who received assistance did not make an affidavit as required by this rule; or (C) the person who received assistance is not so illiterate as to have been unable to read the names on the ballot or that he or she is not so physically disabled as to have been unable to see or mark the absent voter's ballot; and

10.1.e. That the person who voted an early voting by mail ballot by mail and received assistance in voting the ballot was not qualified under the provisions of this rule for assistance.

0.2. Any one or more of the election commissioners or poll clerks in a precinct may challenge an early voting by mail ballot on any of the following grounds:

10.2.a. That the application for an early voting by mail ballot was not completed as required by law;

10.2.b. That any statement or declaration contained in the application for an early voting by mail ballot is not true;

10.2.c. That the person voting an early voting by mail ballot is not registered to vote in the precinct of his or her residence as provided by law;

10.2.d. That the signatures of the person voting an early voting by mail ballot as they appear on his or her registration record, his or her application for an early voting by mail ballot, and the early voting by mail ballot envelope are not in the same handwriting;

10.2.e. That the person voting an early voting by mail ballot by personal appearance had assistance in voting the ballot when the person was not qualified for assistance because: (A) The affidavit of the person who received assistance does not indicate a legally sufficient reason for assistance; or (B) the person who received assistance did not make an affidavit as required by this article; or (C) the person who received assistance is not so illiterate as to have been unable to read the names on the ballot or that he or she was not so physically disabled as to have been unable to see or mark the early voting by mail ballot;

10.2.f. That the person voted an early voting by mail ballot by mail and received assistance in voting the ballot when not qualified under the provisions of this rule for assistance;

10.2.g. That the person who voted the early voting by mail ballot voted in person at the polls on election day; and

10.2.h. On any other ground or for any reason for which the ballot of a voter voting in person at the polls on election day may be challenged.

10.3. Forms for challenging an early voting by mail ballot under the provisions of this rule are to be prescribed by the Secretary of State.

10.4. Early voting by mail ballots challenged by the clerk under the provisions of this rule are to be transmitted by the clerk directly to the board of canvassers. The early voting by mail ballots challenged by the election commissioners and poll clerks under the provisions of this rule may not be counted by the election officials but are to be transmitted by them to the board of canvassers. Action by the board of canvassers on challenged early voting by mail ballots is to be governed by the provisions of W.Va. Code §3-1-41.

W. Va. Code R. § 153-38-11 Secretary of State Authority to Conduct Pilot Program

11.1. The Secretary of State, pursuant to West Virginia Code §3-3A- 3, has been given the authority to implement Phase One of the Vote by Mail Pilot Program; therefore, it is the duty of all officials designated to supervise and conduct the vote by mail program, other municipal officials, and all election commissioners and poll clerks to abide by the Secretary of State's rules, orders and instructions and to use the forms, lists and records prescribed by the Secretary of State.

Series 41 Online Meeting Notices

W. Va. Code R. § 153-41-1 General

1.1. Scope. -- This rule details procedures for filing online meeting notices with the Secretary of State’s Office.

1.2. Authority. -- W. Va. Code §6-9A-3(e)(3)(g).

1.3. Filing Date. -- January 4, 2019.

1.4. Effective Date. -- February 4, 2019.

W. Va. Code R. § 153-41-2 Definitions

2.1. “AdLaw” means the Administrative Law Division within the Secretary of State’s Office.

2.2. “Agency” means a public agency that is an administrative or legislative unit of state, county or municipal government, including any department, division, bureau, office, commission, authority, board, public corporation, section, committee, subcommittee or any other agency or subunit of the foregoing, authorized by law to exercise some portion of executive or legislative power (see W. Va. Code §6-9A-2(7)).

2.3. “Decision” means any determination, action, vote or final disposition of a motion, proposal, resolution, order, ordinance or measure on which a vote of the governing body is required at any meeting at which a quorum is present.

2.4. “Emergency meeting” means any meeting called by a governing body for the purpose of addressing an unexpected event which requires immediate attention because it poses:

2.4.1. An imminent threat to public health or safety;

2.4.2. An imminent threat of damage to public or private property; or

2.4.3. An imminent material financial loss or other imminent substantial harm to a public agency, its employees or the members of the public which it serves.

2.5. “Filer” means the individual(s) who has been granted authority by the agency to file a meeting notice on its behalf.

2.6. “Governing body” means the members of any public agency having the authority to make decisions for or recommendations to a public agency on policy or administration, the membership of a governing body consists of two or more members. This should be the name of the group having the meeting.

2.7. “Meeting” means the convening of a governing body of a public agency for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter which results in an official action.

2.8. “Official action” means action which is taken by virtue of power granted by law, ordinance, policy, rule, or by virtue of the office held.

2.9. “Posted” means the meeting notice has been reviewed by SOS staff and is now viewable online.

2.10. “Provisions” means the provisions of the Open Governmental Meetings Act, W. Va. Code §6-9A et seq.

2.11. “Regular meeting” means a meeting of a governing body at which the regular business of the public is conducted.

2.12. “SOS” means Secretary of State.

2.13. “Special meeting” means a meeting of a governing body other than a regular meeting or an emergency meeting.

W. Va. Code R. § 153-41-3 Procedure for filing an online meeting notice

3.1. Go to the WV Secretary of State’s website (sos.wv.gov).

3.2. Under the “Administrative Law” tab, click on “Add Meeting Notice”.

3.3. The box indicating an understanding that the meeting information provided will be made public and acknowledgement that acceptance by SOS does not imply compliance with the Open Governmental Proceedings Act must be checked in order to continue. If statements are agreeable, click on the “I Agree and Want to Continue” tab.

3.4. Fill in the fields.

3.4.1. The E-mail provided is the address that all correspondences regarding the meeting notice will be sent.

3.4.2. The “Governing Body” field is for the name of the group having the meeting. This is the primary field for searching and displaying.

3.4.2.a. TNOTGB - The name of the Governing Body should not be listed as an acronym.

3.4.3. The “Agency” field is for the name of the larger, governing agency, if applicable. This is not a required field for the submission of the notice.

3.4.4. The “Division/Committee/Etc.” can be used if applicable. This is not a required field for the submission of the notice.

3.4.5. The “Date of Meeting” field is the day the meeting will be held.

3.4.6. The “Time of Meeting” field is the time the meeting will take place.

3.4.7. The “Location” field is where the meeting will take place.

3.4.7.a. The location should include an address.

3.4.7.b. In the event of a teleconference meeting, the location should include the address of the origin of the call.

3.4.8. The “Purpose” field should be a brief overview of the main reasons for having the meeting. It may include action items.

3.4.8.a. Executive branch agencies may list the purpose as “regular meeting” or “special meeting”.

3.4.9. The “Emergency Meeting” box is auto set to “No”. It should be changed to “Yes” only when applicable.

3.4.9.a. The notice of an emergency meeting should include the facts and circumstances of the emergency.

3.5. Click on the “Submit” tab.

3.5.1. Upon clicking the Submit tab, a message will come up stating “Meeting Notice Saved”.

3.5.2. An email will be sent to the address provided indicating the meeting notice was submitted to SOS staff and is being reviewed.

3.6. The meeting information provided will be displayed as submitted. Things to consider include:

3.6.1. Removing “WV”, “Department of”, “Division of”, or “Board of”, etc. from the beginning of an agency name when not necessary. The identifying name is sufficient;

3.6.2. The spacing for the location of the meeting. It should be listed as though addressing an envelope; and

3.6.3. Removing extra spaces or lines. Spacing should be concise for easier viewing.

3.7. It is the responsibility of the filer to omit any confidential, inappropriate, or potentially harmful information.

3.8. It is a good practice to consider whether the notice will provide the public with reasonable notice of the name of the group having the meeting as well as the date, time, place and purpose of the meeting.

3.9. Meeting notices should not be filed more than 6 months in advance of the meeting date.

3.10. Meeting notices should not be submitted in all caps or bolded text.

3.11. Upon acceptance of the meeting notice for display on the Secretary of State’s website, a notification will be sent to the email address provided indicating the notice has been posted. This does not imply compliance with the Open Governmental Proceedings Act.

3.11.1. The online posting will include the date and time the notice was accepted by SOS staff.

3.11.2. If an email confirmation of the posting of a meeting notice is not received in a reasonable time after submission, check the online database for the meeting notice. If not found, contact the Administrative Law Division.

3.12. For amendments to a notice or cancellation of a meeting, please contact the Administrative Law Division. Do not submit a second notice for this purpose.

W. Va. Code R. § 153-41-4 Meeting notice timelines

4.1. Each notice of a special meeting or a regular meeting must be filed to allow the notice to appear on the Secretary of State’s website at least five business days prior to the date of the meeting (see W. Va. Code §6-9A-3(e)(2)).

4.2. When calculating the days, the day of the meeting, weekends, or State holidays cannot be counted.

4.2.1. If a meeting notice is filed anytime other than during the Secretary of State’s regular business hours, the date of filing will be considered the next business day (see W. Va. Code §6-9A-3(e)(3)).

4.3. In the event of an emergency meeting, the agency shall file an online notice for an emergency meeting with the Secretary of State as soon as practicable prior to the meeting (see W. Va. Code §6-9A-3(h)(1)).

W. Va. Code R. § 153-41-5 Meeting notice compliance

5.1. The circuit court in the county where the agency regularly meets has jurisdiction to enforce the Open Governmental Proceedings Act, W. Va. Code §6-9A et seq., upon civil action commenced by any citizen of this state within 120 days after the action complained of was taken or the decision complained of was made (see W. Va. Code §6-9A-6).

5.2. It is the responsibility of any agency subject to the provisions, to understand and abide by the provisions.

5.3. Any agency, governing body, or member thereof subject to the provisions may seek advice and information from the executive director of the WV Ethics Commission or request in writing an advisory opinion from the West Virginia Ethics Commission Committee on Open Governmental Meetings (see W. Va. Code §6-9A-11).

Series 42 Rules For General Management And Preservation Of State Records

W. Va. Code R. § 153-42-1 General

1.1. Scope. -- This Legislative Rule sets forth general Standards and Procedures for the effective and uniform management and preservation of essential public records created or filed with the West Virginia Secretary of State.

1.2. Authority. -- W. Va. Code §5-2-3.

1.3. Filing Date. – April 19, 2012.

1.4. Effective Date. – Aprol 19. 2012.

1.5. Purpose. -- The purpose of this rule is to establish general standards and procedures for a uniform records management and preservation program, retention schedule and electronic record-keeping systems for essential public records created or filed with the West Virginia Secretary of State.

W. Va. Code R. § 153-42-2 Terms

2.1 “Active Record” is a record that is currently used to fill the need for which it was originally created or acquired.

2.2. “Archival quality” means a quality of reproduction providing permanent, durable, and nondestructive storage or copying medium for records consistent with established standards specified by state and national agencies and organizations responsible for establishing the standards, such as the Association for Information and Image Management, the American National Standards Institute, the National Bureau of Standards, the National Archives and Records Administration, and others, as applicable.

2.3. “Archival record” means a non-current record of continuing and enduring administrative, fiscal, historical or legal value, useful to the citizens of the state, and necessary to the administrative functions of state agencies in the conduct of services and activities mandated by law.

2.4. In the appraisal of a public record determined “archival,” the terms “administrative,” “fiscal,”

“historical,” and “legal” shall have the following meanings:

2.4.a. “Administrative value” means the records have continuing utility in the operation of the office of the Secretary of State.

2.4.b. “Fiscal value” means the records are needed to document and verify financial authorizations, obligations and transactions.

2.4.c. “Historical value” means the records contain information, regardless of age, which provides significant understanding of some aspect of the government and promotes the development of an informed and enlightened citizenry.

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2.4.d. “Legal value” means the records document the actions taken in the protection and proving of legal or civil rights and obligations of individuals and agencies.

2.5. “Archives” means a repository specifically designed for the preservation, storage, access, retrieval, and display of archival records or the organization operating an archives.

2.6. “Converting Electronic Records” means transferring electronic records by export or import from one software environment to another without loss of the content or structure of the records.

2.7. “Copying Electronic Records” means transferring records from an existing storage medium to an alternate storage medium while maintaining the format specifications without any loss of the content or structure.

2.8. “Disposition” means records changing custody, location, or ceasing to exist. Records at the end of their retention period may be transferred to the State Archives or be shredded, recycled or fully destroyed by another method, depending on the disposition given for those records.

2.9. “Electronic Imaging System” is a computer-based system which stores digitally encoded records or documents, originally created in this form or a conversion of electronic data, original paper or microform records, to provide retrieval and access to imaged records on demand. Electronic Imaging Systems serve as an alternate format to paper or microform systems, which may provide for multiple and faster access to information.

2.10. “Electronic Record” means any record maintained in a database by the Secretary of State which becomes available for access electronically, and which may include those portions of the complete record as are public and are considered appropriate to be include in the viewable database, as determined by the Secretary of State.

2.11. “Essential Record” means a record containing information necessary to the operation of government in the emergency created by a disaster or containing information necessary to protect the rights and interest of persons or to establish and affirm the powers and duties of governments in the resumption of operations after a disaster.

2.12. “Inactive Record” means a record not in current use, having fulfilled its original purpose, but retained for other administrative, fiscal, legal or historical value.

2.13. “Non-record” is a convenience, courtesy, information, or display copy - a duplicate copy which is disposed of after this use.

2.14. “Preservation” means maintaining archival records in their original form by stabilizing them chemically or strengthening them physically to ensure their survival as long as possible in their original form. It also means the reformatting of written, printed, electronic or visual archival originals to extend the existence or life of the information and to provide access to secondary users.

2.14.a. Recorded information subject to preservation may be on mediums including, but not limited to, paper, film, magnetic, optical or solid state devices which can store electronic signals, tapes, Mylar, linen, silk or vellum. The general types of records may be, but are not limited to, books, papers, letters, documents, printouts, photographs, films, tapes, microfiche, microfilm, photostats, sound recordings, maps, drawings, and any representations held in electronic form.

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2.15. “Public record” means recorded information or documents of a transaction or activity maintained by the office of the Secretary of State. Regardless of physical form or characteristic, the recorded information is a public record if it is produced, collected, received, retrieved, or retained in pursuance of law or in connection with the transaction of public business and is not otherwise removed from the public record, in whole or in part, by applicable state or federal law.

2.16. “Records Management” means the efficient and effective management and control of the creation, maintenance, use, storage, and disposal of records, files and forms.

2.17. “Retention Schedule” is the schedule of instructions for records maintained for when the document is no longer active and provides retention periods for all record series of an office and authority for final disposition. The schedule describes the contents of each record series and defines: 1) the length of time each series is to be maintained in a prescribed format, such as paper or electronic; 2) the location where the records are to be stored and; 3) the final disposition of the records.

2.17.a. “Division Schedule” means the documents created by each operational division of the Secretary of State’s Office to determine the period of retention, as approved by each division manager.

2.18. “Transitory Records” means records that have little or no documentary or evidential value and that need not to be set aside for future use; have short term administrative, legal or fiscal value and should be disposed of once that administrative, legal or fiscal use has expired; or are only useful for a short period of time, perhaps to ensure that a task is completed or to help prepare a final product. §153-42- 3. Retention Schedule ,

3.1. As authorized by the code, the Secretary of State shall create a retention schedule for essential public records and make it available for public inspection in the Secretary of State’s Office. The Secretary of State shall develop the schedule in coordination with the Department of Administration and the Division of Culture and History, Archives and History section.

3.2. Disposition of documents is subject to:

3.2.a. Deference to the Division of Culture and History, Archives and History section of documents before disposal;

3.2.b. The resolution of all known investigations or court cases involving the listed records before the records can be destroyed. Knowledge of subpoenas, investigations, or litigation that reasonably may involve the listed records suspends any disposal or reformatting processes until all issues are resolved;

3.2.c. The settlement of all known audits and audit discrepancies regarding the listed records before the records can be destroyed; and

3.2.d. The interest of other agencies or state institutions. Documents may be transferred with consent of the Secretary of the Department of Administration and the Director of Archives and History.

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3.3. The Secretary of State shall maintain updated division schedules.

3.3.a. Each schedule shall be produced in accordance with proper records management principles and statutes as defined by relevant organizations and legislative bodies.

3.3.b. Each schedule shall identify records as an Active Record, Inactive Record, Archival Record, Transitory Records or Non-record;

3.3.c. Each schedule shall require archived records to be of archival quality. When creating electronic records, divisions shall use an electronic imaging system capable of producing archival records that allow for the copying or converting of the electronic records to maintain a permanent archival quality record.

3.3.d. Each schedule shall be reviewed and re-authorized 10 years from its initial adoption or any subsequent re-authorizations.

Series 43 Regulation of Political Party Headquarters Finances

W. Va. Code R. § 153-43-1 General

1.1. Scope. -- This rule clarifies and provides for implementation of state law relating to the regulation of political party headquarters finance, reporting requirements and prohibited activities set forth under W. Va. Code § 3-8-2c.

1.2. Authority. -- W. Va. Code § 3-8-2c.

1.3. Filing Date. -- May 11, 2022..

1.4. Effective Date. -- May 11, 2022.

1.5. Sunset Provision. -- This Rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 153-43-2 Definitions

For purposes of this rule, the following definitions apply:

2.1. “Filing period” is a quarterly date when a financial report is required by section 6 of this rule. The first report shall be filed between January 1 and 7, April 1 and 7, July 1 and 7, and October 1 and 7, next following receipt of a contribution, or making of expenditure, in excess of $250 in the aggregate.

2.2. “Party headquarters committee” or “Committee” as used in this rule as defined in W. Va. Code §3-8-2c(a)(3) includes any person, organization or group of persons soliciting or receiving contributions for the purpose of funding the lease, purchase, construction or financing of the lease, purchase, or construction of a party headquarters, including utilities, maintenance, furniture, fixtures, and equipment for the party headquarters, or for a county executive committee’s headquarters.

2.3. “Obligated” is expenditures contracted to be paid at some later date.

W. Va. Code R. § 153-43-3 Contributions

3.1. May be made by any individual, corporation, partnership, committee, or association and any other organization or group of individuals.

3.2. Limitations on sources of contributions are as determined in 146 CSR 3.

3.3. Contributions to a committee, either in-kind or monetary, are independent of, and not included in, other aggregate total contribution limitations W. Va. Code § 3-8-1 et seq.

3.4. Contributions may not be anonymous. Anonymous contributions which cannot be returned because the donor cannot be identified shall be donated to the General Revenue Fund.

3.5. Cash contributions from any one contributor may not total more than $50 in United States or other country currency.

3.6. All contributions must be deposited and maintained in an account separate from any other accounts maintained by the committee, political party, treasurer, agent, or other person acting in behalf of the committee.

W. Va. Code R. § 153-43-4 Contribution Limitations

4.1. No individual, or other identity listed in Section 3.1, may contribute more than $10,000 in the aggregate.

4.2. The committee may not receive contributions of more than $1,000,000 in the aggregate.

W. Va. Code R. § 153-43-5 Lawful Expenditures

5.1. Contributions may be expended for purchase, construction or lease of the state headquarters of a political party.

5.2. Contributions may be expended for utilities, maintenance, furniture, fixtures and equipment

5.3. Contributions may not be used for satellite offices or expenditures related to satellite offices.

5.4. Contributions may not be used for political purposes.

W. Va. Code R. § 153-43-6 Contribution and Expenditures Reporting

6.1. A committee, financial agent or other person or officer acting in behalf of a committee, must file a financial report in the filing period in which the committee first receives any contributions, or makes or obligates any expenditure, totaling $250 in the aggregate.

6.2. Once an initial report has been filed in accordance with Section 6.1, additional reports must be filed each reporting period thereafter until the committee is terminated. The report must be filed even if no contribution has been received, or expenditure made, during the filing period.

6.3. Reports may be filed electronically.

6.4. Reports are to be verified.

6.5. Reports are to be on forms prescribed by the Secretary of State.

W. Va. Code R. § 153-43-7 Registration and Termination of Committee; Disposal of Excess Funds

7.1. Before accepting any contribution or obligating any expenditure, the committee must register with the Secretary of State providing all information required by W. Va. Code §3-8-2c(f)(2).

7.2. A Committee may terminate by filing a notice with the Secretary of State after all obligations have been met and all monies have been distributed.

7.3. Before terminating the committee, any unspent or unobligated funds may be contributed by the committee to any educational, cultural or charitable organization.

Series 44 Regulation of Late Voter Registration

W. Va. Code R. § 153-44-1 General

1.1. Scope. -- This rule provides for late voter registration of any member of a uniformed service of the United States who is active or was discharged 60 days preceding an election, any member of the Merchant Marine, any person residing overseas by virtue of his or her employment in support of national security functions or purposes, and the spouse or dependent(s) residing with one of the above, within the 20 days immediately preceding an election.

1.2. Authority. -- W. Va. Code §3-2-6a.

1.3. Filing Date. -- June 3, 2013.

1.4. Effective Date. -- June 3, 2013.

W. Va. Code R. § 153-44-2 Definitions

2.1. “HAVA Approved Identification” means documentation approved in the Help America Vote Act of 2002 as appropriate identification to register to vote. This includes current and valid photo identification, utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.

2.2. “Voter Affidavit” means the document to be signed by the voter which verifies their eligibility to participate in late voter registration.

2.3. “Employer Affidavit” means the document provided by the employer of a person returning from overseas which verifies their eligibility to participate in late registration.

W. Va. Code R. § 153-44-3 Uniformed service member on active duty, uniformed service member who has been discharged and a member of the Merchant Marine

3.1. Process for a member of a uniformed service of the United States on active duty, a member of a uniformed service of the United States who has been discharged from active duty during the 60 days preceding the election and a member of the Merchant Marine of the United States is as follows.

3.2. The applicant shall file a voter registration form in person at the clerk of the county commission office.

3.3. The applicant shall file a voter affidavit prescribed by the Secretary of State.

3.4. The applicant shall present to the clerk of the county commission HAVA approved identification at the time of registration. .

3.5. The applicant shall present to the clerk of the county commission an official discharge notice or military orders.

3.6. The applicant will vote a provisional absentee ballot by mail which will be counted by the board of canvassers unless the clerk of the county commission determines that the voter failed to meet the eligibility requirements.

3.7. The clerk of the county commission shall confirm the address of the applicant upon receipt of the absentee ballot.

W. Va. Code R. § 153-44-4 Overseas because of employment

4.1. Process for a person who was residing overseas because of employment in support of national security is as follows

4.2. The applicant shall file a voter registration form in person at the clerk of the county commission office.

4.3. The applicant shall file a voter affidavit prescribed by the Secretary of State.

4.4. The applicant shall present to the clerk of the county commission HAVA approved identification at the time of registration.

4.5. The applicant shall present to the clerk of the county commission, at the time of registration, a notarized employer affidavit completed by their employer that certifies the applicant’s job was in support of national security. A copy of the original employer affidavit is acceptable.

4.6. The applicant will vote a provisional absentee ballot by mail which will be counted by the board of canvassers unless the clerk of the county commission determines that the voter failed to meet the eligibility requirements.

4.7. The clerk of the county commission shall confirm the address of the applicant upon receipt of the absentee ballot

W. Va. Code R. § 153-44-5 A spouse or dependent of a member of a uniformed service, a member of the Merchant Marine, and residing overseas because of employment

5.1. Process of a spouse or dependent of a member of a uniformed service of the United States on active duty, a member of a uniformed service of the United States who has been discharged from active duty during the 60 days preceding the election, a member of the Merchant Marine of the United States, and a person who was residing overseas because of employment which was in support of national security is as follows.

5.2. The applicant shall file a voter registration form in person at the clerk of the county commission office.

5.3. The applicant shall file a voter affidavit prescribed by the Secretary of State.

5.4. The applicant shall present to the clerk of the county commission HAVA approved identification at the time of registration.

5.5. The applicant shall present to the clerk of the county commission, at the time of registration, one of the following documents, a copy of an official discharge notice or military orders for the uniformed service member or a notarized affidavit from the spouse’s/parent’s employer.

5.6. The applicant will vote a provisional absentee ballot by mail which will be counted by the board of canvassers unless the clerk of the county commission determines that the voter failed to meet the eligibility requirements.

5.7. The clerk of the county commission shall confirm the address of the applicant upon receipt of the absentee ballot.

Series 45 Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization

W. Va. Code R. § 153-45-1 General

1.1. Scope. -- This rule establishes the requirements for electronic notarization and remote online notarization of electronic documents, as well as remote ink notarization of paper documents.

1.2. Authority. -- W. Va. Code §§ 39-4-25, 39-4-37(h) and 39-4-38(g).

1.3. Filing Date. -- May 11, 2022.

1.4. Effective Date. -- May 11, 2022.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 153-45-2 Definitions

2.1. “Capable of independent verification” means that any interested person may confirm the validity of an electronic notarial act and an electronic notary public’s identity and authority through a publicly accessible system.

2.2. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

2.3. “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means.

2.4. “Electronic journal of notarial acts” and “electronic journal” mean a chronological electronic record of notarizations that is maintained by the notary public who performed the same notarizations.

2.5. “Electronic notarial act” and “electronic notarization” mean an official act involving an electronic document that is performed in compliance with this Rule by an electronic notary public as a security procedure, which official act is performed in the presence of an Electronic Notary Public as required by W. Va. Code § 39-4-6.

2.6. “Electronic notarial certificate” means the part of, or attachment to, a notarized electronic document that, in the performance of an electronic notarization, is completed by the electronic notary public, bears the notary’s registered electronic signature and seal, and states the date, venue, and facts attested to or certified by the notary in the particular electronic notarization.

2.7. “Electronic notary public” and “electronic notary” mean a notary public who has registered with the Secretary of State the capability to perform electronic notarial acts.

2.8. “Electronic notary seal” and “electronic seal” mean information within a notarized electronic document that includes the electronic notary’s name, title, jurisdiction, commission expiration date, and other information required by subsection 11.2.c of this rule.

2.9. “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document.

2.10. “Individual” means a person requesting a notary public to notarize a document.

2.11. “Notary” means a notary public commissioned to perform a notarial act by the West Virginia Secretary of State pursuant to W. Va. Code § 39-4-1 et seq.

2.12. “Registered electronic notary seal” means an electronic notary seal produced by a notary in the performance of an electronic notarial act by a means that was registered with the Secretary of State.

2.13. “Registered electronic signature” means an electronic signature produced by a notary in the performance of an electronic notarial act by a means that was registered with the Secretary of State.

2.14. “Remote online notarial act” means a notarial act performed by means of communication technology that meets the standards of W. Va. Code § 39-4-37.

2.15. “Remote ink notarial act” means a notarial act performed for an individual who is not in the physical presence of the notary public at the time of the notarization, where the individual and notary communicate simultaneously, in real time, by sight and sound using communication technology defined in §39-4-37, and where the documents are subsequently notarized on paper using wet ink and a physical notary seal that meets the standards of W. Va. Code § 39-4-38.

2.16. “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, document, or performance is that of a specific person or for detecting changes or errors in the information in an electronic document. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback, or other acknowledgment procedures.

W. Va. Code R. § 153-45-3 Registration with the Secretary of State

3.1. A notary public shall register the capability to perform electronic notarial acts, remote online notarial acts, and remote ink notarial acts, with the Secretary of State before notarizing.

3.2. Upon recommissioning, a notary public shall again register as an electronic notary with the Secretary of State before notarizing or witnessing electronically.

3.3. A person may apply or reapply for a notary commission and register or reregister to perform electronic notarial acts at the same time.

W. Va. Code R. § 153-45-4 Term of Registration of Electronic Notary

4.1. The term of registration of an electronic notary public begins on the registration starting date set by the Secretary of State and continues as long as the notary’s commission remains in effect or until registration is terminated under sections 24 or 26 of this rule.

W. Va. Code R. § 153-45-5 Authorization Form for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization

5.1. To register the capability to perform electronic notarial acts, remote online notarial acts, or remote ink notarial acts, a notary public shall sign and submit to the Secretary of State a form prescribed by the Secretary of State which includes the following information:

5.1.1. A description of each separate means that will be used to produce electronic signatures and electronic notary seals, where applicable;

5.1.2. The names of any licensing authorities or companies issuing the means for producing the electronic signatures and seals, the source of each license, and the starting and expiration dates of each pertinent certificate, software, or process, where applicable;

5.1.3. An explanation of any revocation, annulment, or other premature termination of any certificate, software, or process ever issued or registered to the applicant to produce an electronic signature or seal; and

5.1.4. A declaration that the notary public will use the means issued or authorized for issuance by the Secretary of State for producing an electronic notary seal, where applicable.

W. Va. Code R. § 153-45-6 Registration of Multiple Means

6.1. Under section five of this rule, a notary public may register at the same, or at different times, one or more respective means for producing electronic signatures and electronic notary seals, remote online notarization, remote ink notarization, or single elements combining the required, consistent with the requirements cited elsewhere in this rule.

W. Va. Code R. § 153-45-7 Material Misstatement or Omission of Fact

7.1. The Secretary of State shall deny registration to any applicant submitting a registration form that contains a material misstatement or omission of fact.

W. Va. Code R. § 153-45-8 Authorized Electronic Notarial Acts

8.1. The following notarial acts may be performed electronically:

8.1.1. Taking an acknowledgment;

8.1.2. Administering an oath or affirmation;

8.1.3. Witnessing or attesting a signature;

8.1.4. Certifying or attesting a copy; and

8.1.5. Noting a protest of a negotiable instrument.

W. Va. Code R. § 153-45-9 Requirements for Electronic Notarial Acts

9.1. An electronic notary public shall perform an electronic notarization only if the individual seeking a notarial act:

9.1.1. Is in the presence of the notary at the time of notarization;

9.1.2. Is personally known to the notary or identified by the notary through satisfactory evidence as prescribed in W. Va. Code § 39-4-7;

9.2. An electronic notary public may refuse to perform a notarial act if the officer is not satisfied that:

9.2.1. The individual executing the record is competent or has the capacity to execute the record; or

9.2.2. The individual’s signature is knowingly or voluntarily made.

W. Va. Code R. § 153-45-10 All Notary Rules Apply

10.1. In performing electronic notarial acts, an electronic notary shall adhere to all applicable rules governing notarial acts provided in this rule, 153 CSR 46A, and W. Va. Code § 39-1-1, et seq.

W. Va. Code R. § 153-45-11 Completion of Electronic Notarial Certificate

11.1. In performing an electronic notarial act, the notary shall properly complete an electronic notarial certificate.

11.2. A proper electronic notarial certificate must contain:

11.2.1. Completed wording appropriate to the particular electronic notarial act, as prescribed in section 11.3 of this rule;

11.2.2. A registered electronic signature; and

11.2.3. A registered electronic notary seal, which must include:

11.2.3.a. The words “Official Seal;”

11.2.3.b. The words “Electronic Notary Public”;

11.2.3.c. The words “State of West Virginia;”

11.2.3.d. The notary public’s name as it is spelled on the commissioning document;

11.2.3.e. The notary public’s address as it is listed on the commissioning document;

11.2.3.f. The commission expiration date of the electronic notary;

11.2.3.g. An image of the West Virginia State Seal; and

11.2.3.h. The commission or registration number of the electronic notary.

11.3. The wording of an electronic notarial certificate must be in a form that:

11.3.1. Is set forth in W.Va. Code §39-4-16;

11.3.2. Is otherwise prescribed by the law of this state;

11.3.3. Is prescribed by a law, regulation, or custom of another jurisdiction, provided it does not require actions by the electronic notary that are unauthorized by this state; or

11.3.4. Describes the actions of the electronic notary in such a manner as to meet the requirements of the particular notarial act, as defined in section 2.5 of this rule.

11.4. A notarial certificate must be worded and completed using only letters, characters, and a language that are read, written, and understood by the electronic notary.

W. Va. Code R. § 153-45-12 Electronic Signature and Seal Attributed to Notary

12.1. In notarizing an electronic document, except for a remote ink notarial act, the notary shall attach to, or logically associate with, the electronic notarial certificate a registered electronic signature and a registered electronic notary seal, or a registered single element in conformance with section six of this rule, in such a manner that the signature and the seal, or the single element, are attributed to the notary as named on the commission.

W. Va. Code R. § 153-45-13 Attributes of Registered Electronic Signature

13.1. A registered electronic signature must be:

13.1.1. Unique to the electronic notary public;

13.1.2. Capable of independent verification;

13.1.3. Attached to or logically associated with an electronic notarial certificate in such a manner that any subsequent alteration of the certificate or underlying electronic document prominently displays evidence of the alteration; and

13.1.4. Attached or logically associated by a means under the electronic notary’s sole control.

W. Va. Code R. § 153-45-14 Signature of Registered Electronic Notary Seal

14.1. At all times the means for producing registered electronic notary seals, or registered single elements as described in section six of this rule, must be kept under the sole control of the electronic notary.

14.2. If the means for producing registered electronic notary seals, or registered single elements as described in section six of this rule are accessed by a username and password, the electronic notary must maintain sole control of the access information.

W. Va. Code R. § 153-45-15 Employer Shall Not Use or Control Means

15.1. An employer of an electronic notary shall not use or control the means for producing registered electronic signatures and notary seals, or registered single elements combining the required features of both, nor upon termination of a notary’s employment, retain any software, coding, disk, certificate, card, token, or program that is intended exclusively to produce a registered electronic signature, notary seal, or combined single element, whether or not the employer financially supported the employee’s activities as a notary.

W. Va. Code R. § 153-45-16 Non-Notarial Use

16.1. A registered electronic signature may be used by the electronic notary for lawful purposes other than performing electronic notarizations, provided that neither the title “notary” nor any other indication of status as a notarial officer is part of the signature.

16.2. Neither a registered electronic notary seal nor a combined single element containing the seal may be used by the electronic notary for any purpose other than performing lawful electronic notarizations.

W. Va. Code R. § 153-45-17 Maintaining Journal of Notarial Acts

17.1. A notary public who performs an electronic notarial act, remote online notarial act, or remote ink notarial act, may keep, maintain, protect, and provide for lawful inspection a chronological journal of notarial acts that is either:

17.1.1. A permanently bound book with numbered pages; or

17.1.2. An electronic journal of notarial acts as described in section 18 of this rule.

17.2. A notary may keep a record of electronic and nonelectronic notarial acts in the same journal.

W. Va. Code R. § 153-45-18 Attributes of Electronic Journal

18.1. An electronic journal of notarial acts shall:

18.1.1. Allow journal entries to be made, viewed, printed out, and copied only after access is obtained by a procedure that uses a username and a password;

18.1.2. Not allow a journal entry to be deleted or altered in content or sequence by the notary or any other person after a record of the notarization is entered and stored; and

18.1.3. Have a backup system in place to provide a duplicate record of notarial acts as a precaution in the event of loss of the original record.

W. Va. Code R. § 153-45-19 Form of Evidence of Authority of Electronic Notarial Act

19.1. On a notarized electronic document transmitted to another country or nation, electronic evidence of the authenticity of the registered electronic signature and seal of an electronic notary public of this state, if required, must be in the form of an electronic certificate of authority signed by the Secretary of State in conformance with any current and pertinent international treaties, agreements, and conventions subscribed by the government of the United States.

19.2. The electronic certificate of authority described in section 19.1 must be attached to or logically associated with the electronically notarized document in such a manner that any subsequent alteration of the notarized document, or removal or alteration of the electronic certificate of authority, produces evidence of the change.

W. Va. Code R. § 153-45-20 Certificate of Authority for Electronic Notarial Act

20.1. An electronic certificate of authority evidencing the authenticity of the registered electronic signature and seal of an electronic notary public of this state must be in substantially the following form:

Certificate of Authority for Electronic Notarial Act I, (name and title of commissioning official), certify that (name of electronic notary public), the person named as Electronic Notary Public in the attached, associated, or accompanying electronic document, was registered as an Electronic Notary Public for the State of West Virginia and authorized to act as such at the time the document was electronically notarized. I also certify that the document bears no evidence of illegal or fraudulent alteration.

To verify this Certificate of Authority for an Electronic Notarial Act, I have included herewith my electronic seal and signature this _____day of ____, 20.

(Electronic seal and signature of Secretary of State)

W. Va. Code R. § 153-45-21 Change of E-Mail Address

21.1. Within five business days after the change of a notary public’s email address, the notary shall electronically transmit to the Secretary of State a notice of the change. The email must include the notary public’s notary identification number issued by the Secretary of State.

W. Va. Code R. § 153-45-22 Change of Registration Data

22.1. Any change or addition to the data on the registration form described in section five must be reported within 10 days to the Secretary of State.

W. Va. Code R. § 153-45-23 Change of Means of Production

23.1. Upon becoming aware that the status, functionality, or validity of the means for producing a registered electronic signature, notary seal, remote online notarial act, remote ink notarial act, or single element combining the signature and seal, has changed, expired, terminated, or become compromised, the notary shall:

23.1.1. Immediately notify the Secretary of State;

23.1.2. Cease producing seals or signatures in notarizations using that means;

23.1.3. Perform notarizations only with a currently registered means or another means that has been registered within 30 days; and

23.1.4. Dispose of any software, coding, disk, certificate, card, token, or program that has been rendered defunct, in the manner described in section 25.1 of this rule.

23.2. Pursuant to section one of this section, the Secretary of State shall immediately suspend the status of a notary who has no other currently registered means for producing electronic signatures or notary seals, performing remote online notarial acts or remote ink notarial acts, and if such means is not registered within 30 days, status must be terminated.

W. Va. Code R. § 153-45-24 Termination of Electronic Notary Registration

24.1. Any revocation, resignation, expiration, or other termination of the commission of a notary public immediately terminates any existing registration as an electronic notary, remote online notary, or remote ink notary.

24.2. A notary’s decision to terminate registration as an electronic notary, remote online notary, or remote ink notary, shall not automatically terminate the underlying commission of the notary.

24.3. A notary who terminates registration as an electronic notary, remote online notary, or remote ink notary, shall notify the Secretary of State in writing and dispose of any pertinent software, coding, disk, certificate, card, token, or program as described in section 25 of this rule.

W. Va. Code R. § 153-45-25 Disposition of Software and Hardware

25.1. When the commission of an electronic notary, remote online notary, or remote ink notary, expires or is resigned or revoked, when registration terminates as an electronic notary, remote online notary, or remote ink notary, or when a notary dies, the notary or the notary’s duly authorized representative, within 30 business days, shall permanently erase or expunge the software, coding, disk, certificate, card, token, or program that is intended exclusively to produce registered electronic notary seals, perform remote online notarial acts or remote ink notarial acts, registered single elements combining the required features of an electronic signature and notary seal, or registered electronic signatures that indicate status as a notary.

W. Va. Code R. § 153-45-26 Causes for Denial, Conditioning, Suspension, or Termination of Registration

26.1. The Secretary of State shall deny, condition, suspend, or terminate registration as an electronic notary, remote online notary, or remote ink notary, for any of the following reasons:

26.1.1. Submission of a registration form containing material misstatement or omission of fact;

26.1.2. Failure to obtain or maintain the capability to perform electronic notarial acts, remote online notarial acts, or remote ink notarial acts, except as allowed in section 24 of this rule; or

26.1.3. The notary’s performance of official misconduct.

26.2. If the Secretary of State denies a registration for electronic notarization, remote online notarization, or remote ink notarization, the individual making application may request a hearing according to the provisions of 153 CSR 47 to contest the decision of the Secretary of State.

26.3. Prior to conditioning, suspending, or terminating a notary’s registration, the Secretary of State shall provide notice to the notary in the form of a short, plain statement of the basis for action, the date, time, and place of a hearing on the matter, and the name of the hearing examiner. The procedures for any hearing regarding the conditioning, suspension, or termination of an electronic notary’s registration must be conducted according to the procedures set forth in 153 CSR 47.

26.4. Neither resignation nor expiration of a notary commission, an electronic notary registration, remote online notary registration, or remote ink notary registration, precludes or terminates an investigation by the Secretary of State into the notary’s conduct. The investigation may be pursued to a conclusion, whereupon it must be made a matter of public record whether or not the finding would have been grounds for conditioning, suspension, or termination of the commission or registration of the notary.

W. Va. Code R. § 153-45-27 Remote Online Notarial Acts

27.1. Remote online notarial acts, including the procedures for properly identifying the parties, shall be performed for a remotely located individual pursuant to the standards and procedures set forth in W. Va. Code § 39-4-37.

W. Va. Code R. § 153-45-28 Remote Ink Notarial Acts

28.1. Remote ink notarial acts performed for a remotely located individual, including the procedures for properly identifying the parties, shall be performed pursuant to the standards and procedures set forth in W. Va. Code § 39-4-38.

Series 47 Administrative Hearings for Notaries Public

W. Va. Code R. § 153-47-1 General

1.1. Scope. -- These rules provide the procedures for administrative hearings for the purpose of conditioning, suspension or revocation of a commission of a notary public or the registration of an electronic notary public by the Secretary of State.

1.2. Authority. -- W. Va. Code ''39-4-25 and 29A-5-1, et seq.

1.3. Filing Date. – August 1, 2014

1.4. Effective Date. -- August 1, 2014

W. Va. Code R. § 153-47-2 Definitions

“Commission” means the authority granted by the Secretary of State to an individual for the purpose of performing notarial acts as defined in W.Va. State Code §39-4-2(5).

“Registration” means the authority granted by the Secretary of State to an individual for the purpose of performing electronic notarial acts as set forth in W.Va. State Code §39-4-19.

W. Va. Code R. § 153-47-3 Request For Hearing Following Denial, Conditioning, or Suspension of Commission

3.1. Any individual denied a commission as a notary public or registration as an electronic notary public may request a hearing.

3.2. An individual whose commission or registration has been conditioned or suspended may request a hearing.

3.3. The request shall be in writing and shall specify the reasons for the request and the relief sought.

3.4. Requests for a hearing following denial, conditioning, or suspension of a commission or registration must be received by the Secretary of State within fifteen (15) days from the date the applicant receives the denial letter as indicated by the return receipt.

3.5. The Secretary of State may deny a hearing under this section if the request is received after the fifteen (15) day period.

3.6. Receipt of a request for a hearing by the Secretary of State shall begin the hearing process.

3.7. The requested hearing shall be held within forty-five (45) days from the receipt of the request by the Secretary of State.

3.8. A notice of the hearing shall be served upon the party requesting the hearing at least thirty (30) days prior to the hearing and shall be delivered return receipt by USPS certified mail.

W. Va. Code R. § 153-47-4 Reapplication Following Denial of Commission

4.1. The Secretary of State shall not accept any reapplication from any applicant who has been denied a commission or registration until one (1) year has passed from the date of the denial of commission or registration unless the applicant can clearly demonstrate or document corrections or compliance with the conditions or terms which caused the denial.

4.2. If an applicant reapplies for a commission or registration within one (1) year from the date of the denial and does not demonstrate or document such corrections or compliance, then the applicant shall not be entitled to a hearing on the Secretary of State's refusal to accept the reapplication.

W. Va. Code R. § 153-47-5 Required Hearings Prior To Revocation; Notice

5.1. Prior to any revocation, the Secretary of State shall notify the person affected of the intent to revoke the commission or registration, or both.

5.2. The notice shall contain a short, plain statement of the matters asserted; the date, time and place of hearing and a statement of intention to appoint a hearing examiner, if one is to be appointed pursuant to Section 10 of these rules.

5.3. Notice shall be received by the party affected at least thirty (30) days prior to the hearing and shall be delivered return receipt requested by USPS certified mail.

5.4. The hearing shall be held within forty-five (45) days of the receipt of the notice by the party affected, as indicated by the return receipt requested.

5.5. Failure to appear, unless granted a continuance, on the date and at the time of the hearing considered a default and a conditioning, suspension, or revocation shall be entered and put into effect.

W. Va. Code R. § 153-47-6 Conduct Of Hearings

6.1. Any party shall have the right to be represented by an attorney-at-law, duly qualified to practice in the State of West Virginia.

6.2. The Secretary of State may be represented by the office of the Attorney General.

6.3. The rules of evidence as applied in civil cases in the circuit court of this State shall be followed.

6.4. When necessary to ascertain facts not reasonably susceptible to proof under said rules of evidence, evidence not admissible thereunder shall be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.

6.5. The agency shall be bound by the rules of privilege recognized by law.

6.6. Documentary evidence may be received in the form of copies or excerpts or by incorporation of reference.

6.7. Initially the agency shall be given opportunity to present evidence, including testimony, papers, records, agency staff memoranda and documents in the possession of the agency in support of its position.

6.8. Every party shall have the right of cross-examination of witnesses who testify, and following the conclusion of the agency's presentation, shall have the right to submit rebuttal evidence.

6.9. The Secretary of State shall have the right to cross-examine witnesses providing rebuttal testimony.

6.10. Following the presentation of all the evidence, every party, including the Secretary of State, shall have the right to offer argument, not to exceed a reasonable time limit as determined by the Secretary or the hearing examiner.

W. Va. Code R. § 153-47-7 Continuation Or Delay Of Hearing

7.1. Hearings may be continued or delayed by request of any party to the Secretary of State or at the request of the Secretary of State.

7.2. Each party, including the Secretary of State, shall be permitted only one (1) motion to continue or delay a hearing.

7.3. Any continuance or delay shall not exceed thirty (30) days from the last scheduled date of the hearing.

7.4. A motion to continue or delay must be received by all parties affected at least two (2) days prior to the date of the hearing that is to be continued or delayed. Any motion to continue that does not meet this standard will be disregarded.

W. Va. Code R. § 153-47-8 Transcription Of Reported Testimony And Evidence

8.1. Content of Transcript. -- All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

8.2. Request from any party. -- Upon the request to the Secretary from any party to the hearing, all reported materials shall be transcribed and a copy thereof furnished to such party at the requesting party's expense.

8.3. Transcription in the event a hearing examiner is appointed. -- In all cases where a hearing examiner is appointed, all reported material shall be transcribed and forwarded to the Secretary. Any parties requesting a copy of a transcript prepared pursuant to this subsection shall be furnished a copy at their expense.

8.4. Responsibility for transcript. -- The Secretary shall have the responsibility for making arrangements for the transcription of the reported testimony and evidence. In the event transcription is required pursuant to this section it shall be accomplished with all dispatch.

8.5. Correction of error in transcript. -- Upon the motion of the Secretary of any party assigning error or omission in any part of any transcript, the Secretary or his duly appointed hearing examiner shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and revised in the respects designated, so as to make it conform to the whole truth.

W. Va. Code R. § 153-47-9 Submission Of Proposed Findings Of Fact And Conclusions Of Law; Time For Submission

Any party may submit to the Secretary proposed findings of fact and conclusions of law within thirty (30) days of the conclusion of a hearing or, in the event the proceedings of a hearing are transcribed, within twenty (20) days from the date the final transcript is available.

W. Va. Code R. § 153-47-10 Appointment Of Hearing Examiner; Function Of Hearing Examiner

The Secretary may, in his or her discretion, appoint a hearing examiner who shall be empowered to subpoena witnesses and documents, administer oaths and affirmations, to examine witnesses under oath, to rule on evidentiary questions, to hold conferences for the settlement or simplification of issues by consent of the parties and to otherwise conduct hearings as provided in Section 6 of these rules.

W. Va. Code R. § 153-47-11 Conferences; Informal Disposition Of Cases

At any time prior to the hearing or thereafter, the Secretary or his or her duly appointed hearing examiner may hold conferences:

(a) To dispose of procedural request or similar matters;

(b) To simplify or settle issues by consent of the parties; or (c) To provide for the informal disposition of cases by stipulation, agreed settlement or consent order.

The Secretary or his or her duly appointed hearing examiner may cause such conferences to be held on his or her own motion or by the request of a party.

W. Va. Code R. § 153-47-12 Depositions Permitted

Evidentiary depositions may be taken and read into evidence as in civil actions in the circuit courts of this State.

W. Va. Code R. § 153-47-13 Subpoenas

13.1. Where permitted. -- The Secretary or his or her duly appointed hearing examiner shall have the power to issue subpoenas or subpoenas duces tecum pursuant to the provisions set forth in W. Va. Code '29A-5-1b.

13.2. Time for requesting the issuance of subpoenas. -- Written requests for the issuance of subpoenas or subpoenas duces tecum as provided in Subsection 13.1 of this section shall be made no later than ten (10) days prior to a scheduled hearing.

W. Va. Code R. § 153-47-14 Orders; Content

Every final order entered by the Secretary, following a hearing conducted pursuant to these rules, shall be made pursuant to the provisions of W. Va. Code §29A-5-3. Such orders shall be entered within forty-five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts and proposed findings of fact and conclusions of law.

W. Va. Code R. § 153-47-15 Appeal

An appeal from any final order or ruling entered in accordance with these regulations shall be in accordance with the provisions of W. Va. Code '29A-5-4.

W. Va. Code R. § 153-47-16 Severability

If any provision of these rules or the application thereof to any person or circumstance shall be held invalid, such invalidity thereof shall not affect the provision or application of these regulations which can be given effect without the invalid provision or application and to this end the provisions of these regulations are declared to be severable.

Series 48 Real Property Electronic Recording Standards and Regulations

W. Va. Code R. § 153-48-1 General

1.1. Scope. -- This rule promulgated by the Real Property Electronic Standards Advisory Committee establishes real property electronic recording standards and practices for West Virginia county clerks that are harmonious with the standards and practices of recording offices in other jurisdictions that substantially enact the Uniform Real Property Electronic Recording Act, and to keep the technology used by West Virginia county clerks compatible with technology used by recording offices in other jurisdictions that substantially enact this Act.

1.2. Authority. -- W. Va. Code § 39A-4-4.

1.3. Filing Date. -- May 11, 2022.

1.4. Effective Date. -- May 11, 2022.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 153-48-2 Definitions

2.1. “Delivery Agent” means a party who enters into an agreement with a Participating Clerk to deliver an electronic document from a Submitter to a Participating Clerk and to return the recorded document to the Submitter.

2.2. “Document” means an instrument in a tangible, electronic, or other format, on which is recorded or inscribed on by means of letters, figures, or marks, which may be relied upon as the basis, proof, or support of the matter asserted within the instrument.

2.3. “Electronic” means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

2.4. “Electronic Document” means a document that exists in an electronic format.

2.5. “Electronic Document Delivery System” means an automated system for the secure transmission of an electronic document between a Submitter and a Participating Clerk.

2.6. “Electronic Recording” means the delivery and return of an electronic document, using an Electronic Document Delivery System, for the purpose of recording that document via a Land Records Management System.

2.7. “Electronic Signature” means an electronic symbol, sound, or process, which is attached to or logically associated with a document and executed or adopted by a Person with the intent to sign the document.

2.8. “Land Records Management System” means a system for recording, indexing, accessing, and maintaining land records, which produces microfilm or other legally permitted formatted copies.

2.9. “Land Records Management System Vendor” means a party who sells or provides a Land Records Management System.

2.10. “Participating Clerk” means a county clerk who has elected to accept electronic documents for recording.

2.11. “Paper Document” means a document that is in a tangible format that is not electronic.

2.12. “PDF” or “Portable Document Format” means an electronic file format that allows documents to be viewed as they were intended to appear, which is a common format for image exchange and presentation of electronic documents.

2.13. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality, or any other legal or commercial entity.

2.14. “PRIA” means the Property Records Industry Association.

2.15. “Recording Information” means the information included in a document at the time such document is recorded, such as the date and time of receipt of such document for record, the name and county of the recording clerk, and the book and page of such document or other suitable indication of its location approved by a public records administrator.

2.16. “Submitter” means a person who requests a county clerk to accept, approve, or record a submitted electronic document.

2.17. “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States

2.18. “TIFF” or “Tagged Image File Format” means a variable-resolution bitmapped image made up of individual dots or pixels, which is a common format for high-quality black and white, gray-scaled, or color graphics of any resolutions.

2.19. “XML” or “Extensible Markup Language” means an extensible document language for specifying document content, which is a metalanguage that allows a person to specify a document type definition and design customized markup languages for different classes of documents.

W. Va. Code R. § 153-48-3 Electronic Document Data Fields, Format, and Transmission

3.1. Electronic document recording shall meet the technical standards for electronic document data fields and formats as prescribed by the Property Records Industry Association (PRIA) in the PRIA eRecording XML standard Version 2.4. This includes:

3.1.1. PRIA Request Version 2.4.2, August 2007;

3.1.2. PRIA Response Version 2.4.2, August 2007;

3.1.3. Document Version 2.4.1, October 2007; and

3.1.4. Notary Version 2.4.1, October 2007.

3.2. These standards are available from the Property Records Industry Association, 2501 Aerial Center Parkway Ste. 103, Morrisville, NC 27560, and at http://www.PRIA.US/.

3.3. Electronic Documents shall be transmitted and stored as either of the following:

3.3.1. TIFF or PDF files, in accordance with the TIFF 6.0 Specification, published by the International Organization for Standardization as ISO 12639:2004, Graphic technology – prepress digital data exchange – tag image file format for image technology (TIFF/IT); or

3.3.2. PDF 1.7 specification, published by the International Organization for Standardization as ISO 32000-1:2008, Document management – portable document format – Part 1: PDF 1.7.

3.4. Participating County Clerks may choose to adopt a standardized property record document format according to the PRIA Real Estate Document Formatting referenced by this rule.

W. Va. Code R. § 153-48-4 Electronic Notarization and Certification

4.1. Documents certified using electronic means shall conform to all applicable provisions of the West Virginia Code and standards established by the Secretary of State including but not limited to those set forth in W. Va. Code §§ 39-4-37 or 39-4-38 (last amended Regular Session 2021, eff. June 17, 2021).

W. Va. Code R. § 153-48-5 Electronic Recording Processing Requirements

5.1. A Participating Clerk shall provide notice of confirmation or rejection of an electronic recording to the Submitter through the locally adopted Electronic Document Delivery System.

5.1.1. A notice of confirmation shall include recording information for the electronic document accepted for recording, and shall identify that the electronic document is accepted for recording.

5.1.2. A notice of rejection shall include a brief explanation of the reason or reasons for rejection, and shall identify that the electronic document is rejected for recording.

5.1.3. If a Participating Clerk complies with the notice requirements, failure of a Submitter to receive actual notice of confirmation or rejection of a recording shall not affect the validity of the confirmation or rejection.

5.2. A Participating Clerk may contact a Submitter prior to sending a notice of confirmation or rejection regarding an electronic document submitted for recording. The delivery agent shall ensure that the Submitter includes telephone or e-mail contact information with each such submission.

5.3. First-to-File Priority Determination; Local Processing Policy Requirements:

5.3.1. Participating Clerks will accept all recordings permitted by law via in-person delivery, mail delivery, or electronic submission in the manner adopted by the local jurisdiction under a local processing policy.

5.3.2. For purposes of determining priority, Participating Clerks shall record all documents based on the order they are submitted to their office according to a local processing policy developed under this section.

5.3.3. Participating Clerks shall develop a local processing policy that details the formal chronological order that all recordings are deemed submitted according to the provisions of subsection 5.3.4 of this rule. The local processing policy shall ensure each recording has a stamp or other legally permitted logging mechanism that provides the date and time the recording is deemed submitted, whether the recording was submitted via in-person delivery, mail delivery, or electronic delivery, and the processing policy shall be published on the local jurisdiction’s website and available in hard-copy format at the local jurisdiction’s office.

5.3.4. The chronological order of recordings deemed submitted shall be determined based upon the following:

5.3.4.a. In-person submissions will be processed based on the position in the queue of other paper and electronic recording documents.

5.3.4.b. Mail-in submissions will be processed based on the time of day that the mail is regularly opened in the local jurisdiction’s office.

5.3.4.c. Electronic submissions will be processed based on the time of day according to the Participating Clerks’ local processing policy. Provided, that electronic submissions received two-hours or less before the close of the local jurisdiction’s regular business hours may, when circumstances require, be processed on the next business day.

5.3.5. Notwithstanding the local processing policy, Participating Clerks may process recordings as efficiently as possible so long as the time submitted is the key factor when determining priority.

W. Va. Code R. § 153-48-6 Security Requirements

6.1. Participating Clerks, Delivery Agents, and Land Records Management System Vendors shall implement and maintain procedures to ensure the security of the electronic delivery system and for recording and maintaining electronic documents within the Participating Clerk’s records.

6.2. Participating Clerks shall provide a secure method for accepting electronic documents through the Electronic Document Delivery System and for recording and maintaining electronic documents within the Participating Clerk’s records.

6.3. The Electronic Document Delivery Systems shall protect against system and security failures, provide data back-ups, disaster recovery, and audit trail mechanisms. Delivery Agents shall provide audit trail information to Participating Clerks upon request.

6.4. The Electronic Document Delivery Systems shall not permit any unauthorized party to modify, manipulate, insert, or delete information in electronic documents or in the public record maintained by the Participating Clerk without detection.

6.5. If a breach in security is detected by the Participating Clerk, Delivery Agent, or Submitter, the party discovering the breach shall notify the other parties immediately. All parties shall work cooperatively and immediately to take remedial action, resolve the issues, and identify and rectify the vulnerability causing the breach.

6.6. A Delivery Agent shall implement and maintain security procedures for all electronic transmissions to a Participating Clerk through the Electronic Document Delivery System and shall be responsible for maintaining the security of the Electronic Document Delivery System within the office of such Delivery Agent.

W. Va. Code R. § 153-48-7 Record Retention, Preservation, and Disclosure

7.1. Real property records recorded and indexed shall be maintained in accordance with all applicable provisions of the West Virginia Code and agency regulations, including but not limited to those set forth by the West Virginia Records Management and Preservation Board.

W. Va. Code R. § 153-48-8 Agreements and Procedures

8.1. The Delivery Agent and the Participating Clerk shall enter into an agreement specifying the requirements for Electronic Document recording with the county. At a minimum, the agreement shall include the following items:

8.1.1. Accepted Electronic Document types;

8.1.2. Defined technical specifications for data formats, document formats, electronic transmissions, and security;

8.1.3. If used by the Participating Clerk, indexing fields required for each Electronic Document;

8.1.4. Electronic signature and notarization requirements;

8.1.5. Payment options for recording fees and applicable taxes;

8.1.6. Hours during which Electronic Documents will be accepted and processing schedules that affect order of acceptance;

8.1.7. Electronic Document acceptance and rejection requirements and procedures;

8.1.8. Terms defining the responsibility of the Delivery Agent to review the qualifications of each potential Submitter and to approve the potential Submitter prior to granting access to the Electronic Document Delivery Systems;

8.1.9. Terms defining the responsibility of the Delivery Agent to enter into an agreement with each approved Submitter, in which the Submitter agrees to submit Electronic Documents for recording in accordance with all applicable State statutes and rules and to maintain the security of the systems; and

8.1.10 Any other procedures or requirements deemed necessary by the Participating Clerk to fully implement the provisions of the applicable statutes and this rule.

Series 50 Schedule of Fees

W. Va. Code R. § 153-50-1 General

Scope. –This schedule establishes the fee to be charged by the Secretary of State for an application for commission as a notary public.

Authority. –W. V. Code §§ 39-4-20 (a) and 39-4-25 (a) (7).

Filing Date – April 30, 2015 Effective Date – April 30, 2015

W. Va. Code R. § 153-50-2 Schedule of Fees

2.1 Application Fee for five-year commission as a notary public $52.00

2.2 Fees shall be payable to the West Virginia Secretary of State by check, money order, major credit card, or certified check.

Series 51 Procedure for Notice to Candidate for Failure to Timely File Primary Campaign Finance Statements

W. Va. Code R. § 153-51-1 General

1.1. Scope. -- To make uniform the implementation of W. Va. Code '3-8-7(c)(1) requiring notice to candidate who has not filed any required primary campaign finance statement before disqualifying candidate from general election.

1.2. Authority. -- W. Va. Code ''3-1A-6 and 3-8-7(e) 3-1-17

1.3. Filing Date. -- July 16, 2015.

1.4. Effective Date. – August 15, 2015.

W. Va. Code R. § 153-51-2 Time of Notice

2.1. Sixty (60) days after the primary election, the officer with which campaign finance statements required by Article 8, of Chapter 3 are filed will send notice to any candidate nominated in the primary, or nominated by executive committee or chair, who was a candidate in the immediately preceding primary and who has failed to file any statement required for that primary election.

W. Va. Code R. § 153-51-3 Notice Required

3.1. Notice shall be sent by certified, return receipt, mail to the candidate and any treasurer at the address provided on the organization forms, certificate of announcement, or last received campaign finance statement.

3.2. The notice must:

3.2.1. Identify which report(s) is (are) missing;

3.2.2. Provide the date that the report was due;

3.2.3. Inform the candidate that the report(s) must be received by the filing officer by close of business on the eighty-fourth (84th) day before the general election or the candidate will be disqualified and not placed on the general ballot; and

3.2.4. Inform the candidate of the business hours and days of the filing officer.

3.3. A copy of the notice must be provided by regular mail, or electronically, to the chair of the executive committee which would have authority to replace a disqualified candidate under the provisions of §3-5-19(a)(4).

Series 52 Freedom of Information Act Database

W. Va. Code R. § 153-52-1 General

1.1. Scope. -- This rule governs the creation and maintenance of a publicly accessible database for the reporting by public bodies of Freedom of Information Act request information, the forms and procedures for submission of the information, and other procedures and policies consistent with W.Va. State Code §29B-1-3a.

1.2. Authority. -- W. Va. Code § 29B-1-3a(b).

1.3. Filing Date. -- June 22, 2016.

1.4. Effective Date. -- July 1, 2016.

W. Va. Code R. § 153-52-2 Creation and Maintenance of Database

2.1. The Secretary of State shall maintain a database, accessible via the internet for the purposes of reporting and displaying information about requests made to public bodies under the provisions of W.Va. State Code §29B-1-1, et seq.

2.2. A public body must enter the required information into the database by the tenth day of the month following completion of the request. For example, any request completed in April must be entered into the database by the following May 10.

2.3. Data relating to a request will be accessible on the website to the public for a period of five (5) years.

W. Va. Code R. § 153-52-3 Procedures for Submission of Information

3.1. Information must be entered into the database through a web-based portal.

3.2. The Secretary of State may not accept information to be entered into the database in any other manner; Provided, that tangible copies of data may be accepted if the database is inaccessible and the inaccessibility will cause the public body to violate the deadline for submission in subsection 2.2 of this rule.

3.3 Prior to entering any information into the database, a public body must designate, on a form provided by the Secretary of State, the name(s) of any individual(s) authorized to enter information on behalf of the public body.

3.3.a. If an individual authorized to enter information into the database on behalf of a public body is no longer authorized to do so, the public body shall notify the Secretary of State within five (5) business days.

3.4. The Secretary of State shall require each individual authorized to enter information on behalf of a public body to have a unique username and password to access the database.

3.5. Information required to be entered into the database shall be the following:

3.5.a. The date the public body received the request;

3.5.b. The name of the person or entity making the request;

3.5.c. The information or items requested;

3.5.d. Whether the request was granted or denied;

3.5.e. The reason for any denial;

3.5.f. The date of final completion of the request; and

3.5.g. The amount of any charges to the person or entity making the request.

3.6. The database shall capture and store the following information in addition to the fields listed in subsection five of this section:

3.6.a. The date the information was entered;

3.6.b. The username and associated user information of the individual entering the information; and

3.6.c. The name of the public body for whom the individual is entering the information.

Series 54 Administrative Procedures for the Nonpublic Funding for Election Administration Fund

W. Va. Code R. § 153-54-1 General

1.1. Scope. -- This Rule establishes administration procedures and eligibility of West Virginia counties, public bodies and officials listed in Section 3 of this rule, to apply and receive funding for election administration and related expenses from nonpublic funding sources, payable from the Nonpublic Funding for Election Administration Fund created by W. Va. Code § 3-1A-9.

1.2. Authority. -- W. Va. Code §§ 3-1A-9(e) and 3-1A-9(f).

1.3. Filing Date. -- April 24, 2023.

1.4. Effective Date. -- April 24, 2023.

1.5. Sunset Provision. -- This Rule shall terminate and have no further force or effect on August 1, 2028.

W. Va. Code R. § 153-54-2 Definitions

2.1 “Fund” means the Nonpublic Funding for Election Administration Fund created by W. Va. Code § 3-1A-9.

2.2. “Funding” means any monetary gift, grant, contribution, donation, or other thing of value that is expressly or impliedly made for the purpose of supporting election administration and related expenses. Funding does not include gifts of nominal value made in compliance with the West Virginia Ethics Act, W. Va. Code §6B-1-1 et seq., related to election administration including but not limited to election calendars, instructional posters or handouts, discounts or complimentary gifts from a vendor, and election support services or backup equipment from a vendor under a current contract.

2.3. “Nonpublic funding source” means any private individual, corporation, partnership, trust, or third party.

2.4. “Other thing of value” means nonmonetary goods or services of greater than nominal value in accordance with the Ethics Commission rule at 158 CSR 7.

W. Va. Code R. § 153-54-3 Public Bodies or Official(s) Subject to this Rule

3.1. The following public bodies or official(s), and their agents, responsible for overseeing, administering, or regulating an election held within the State of West Virginia are subject to this Rule:

3.1.1. The Secretary of State;

3.1.2. County commissions;

3.1.3. County clerks;

3.1.4. Municipal governing bodies;

3.1.5. Municipal clerks or recorders; and

3.1.6. Any other public bodies or officials responsible for overseeing, administering, or regulating an election held within the State of West Virginia.

W. Va. Code R. § 153-54-4 Application for Approval of Funding from the Nonpublic Funding for Election Administration Fund

4.1. Any public body(ies) or official(s) seeking to receive funding from the Nonpublic Funding for Election Administration Fund for election administration or related expenses shall submit a written application on the form provided by the Secretary of State to the State Election Commission.

4.2. The application shall include the following information:

4.2.1. The name of the public body(ies) or official(s);

4.2.2. To the extent applicable, the name of the nonpublic funding source that gifted, granted, contributed, or donated any particular element of the funding requested by the requesting public body(ies) or official(s);

4.2.3. The amount and type of the funding requested;

4.2.4. A complete itemized list with descriptions of the proposed election administration or related expenses that will be paid for with the requested funding;

4.2.5. The date of the application;

4.2.6. The signatures of a majority of the requesting members of the public body(ies), the requesting official(s), or authorized agent;

4.2.7. Any supporting materials relevant to the application including cost quotes or estimates; and

4.2.8. Any other necessary information as determined by the Secretary of State.

W. Va. Code R. § 153-54-5 Application Review and Approval Process; Considerations

5.1. Within 30 days of the Secretary’s receipt of an application for funding, the Secretary shall forward electronic copies of the application to the State Election Commission.

5.2. Within 30 days of the State Election Commission’s receipt of the application, the State Election Commission shall schedule a public meeting to consider the application. Public notice of the meeting shall be made by the Secretary of State in accordance with the West Virginia Open Governmental Meetings Act, W. Va. Code §6-9A-1 et seq.

5.3. At the public meeting, the public body(ies), official(s), or their representative(s), may appear in person, by phone, or virtually, to present the application to the State Election Commission and answer any questions.

5.4. The State Election Commission shall deliberate the application in accordance with the Open Governmental Meetings Act, W. Va. Code §6-9A-1 et seq. For its deliberation, the State Election Commission may consider each applicant’s circumstances and justification for requesting funding, including but not limited to the following factors:

5.4.1. The applicant’s need;

5.4.2. The applicant’s intended use of the funding;

5.4.3. Other available sources of funding; and

5.4.4. A pro rata share of available funding.

5.5. The State Election Commission shall either approve or deny the application, in part or full, within 30 days from the date of initial public meeting. The Secretary of State shall communicate the State Election Commission’s decision in writing to the public body(ies) or official(s) within 10 days of the decision: Provided, That in the case of a partial approval or denial the State Election Commission shall explain its decision, which explanation shall be included in the written notification to the applicant by the Secretary of State.

5.6. If the application is approved, the Secretary of State shall authorize the transfer of funding from the Fund in the amount approved by the State Election Commission to the public body(ies) or official(s).

5.7. If the application is denied, the public body(ies) or official(s) may apply for reconsideration in writing to the State Election Commission, signed by the person(s) authorized under Subsection 4.2 of this rule, and which may include any additional relevant information and supporting materials. Within 30 days of receipt of the written request for reconsideration, the State Election Commission shall schedule a public meeting for reconsideration or deny the request.

5.8. The State Election Commission’s decision on reconsideration, including its reasoning, shall be communicated in writing by the Secretary of State to the applicant within ten (10) days of the decision. The State Election Commission’s decision on reconsideration shall be full and final.

W. Va. Code R. § 153-54-6 Nonpublic Funding Donation Process; Revocation; Disclosures to Nonpublic Funding Sources

6.1. A gift, grant, contribution, or donation provided by a nonpublic funding source shall be deposited by the Secretary of State into the Fund, and shall be distributed by the State Election Commission in accordance with this rule under the authority set forth in W. Va. Code § 3-1A-9.

6.2. A nonpublic funding source may suggest in writing that its gift, grant, contribution, or donation be issued to a specific recipient or purpose, which may be considered by the State Election Commission: Provided, That any such suggestion shall not be binding on the State Election Commission.

6.3. A nonpublic funding source may partially or fully revoke its gift, grant, contribution, or donation, at any time prior to the date scheduled for State Election Commission’s deliberation. Any such revocation must be made in writing and received by the Secretary of State prior to the date of the State Election Commission’s deliberation, or otherwise shall be invalid.

6.4. Upon making a gift, grant, contribution, or donation to the Fund, written notice and disclosures shall be provided by the Secretary of State to the nonpublic funding source via U.S. Mail, hand delivery, or electronic delivery including fax or email, which shall include the following disclosures and information:

6.4.1. Any suggested recipient(s) or purpose(s) for the funding are not binding on the State Election Commission;

6.4.2. Any revocation shall be made in writing and delivered to the Secretary of State via U.S. Mail, hand delivery, or electronic delivery including fax or email, prior to the date scheduled for State Election Commission’s deliberation, or otherwise shall be invalid;

6.4.3. The State Election Commission’s decision is full and final;

6.4.4. The date of the next scheduled State Election Commission public meeting if applicable, or the website address to the public notice database where the State Election Commission’s meeting will be scheduled;

6.4.5. A copy of this rule or the website address to the specific Code of State Rules webpage for this rule; and

6.4.6. Any other information deemed necessary by the Secretary of State.

W. Va. Code R. § 153-54-7 Gifts of Nonmonetary Other Thing(s) of Value; Application, Review, and Approval Procedures

7.1. Any public body(ies) or official(s) subject to this rule may apply to the State Election Commission to accept gifts of nonmonetary other thing(s) of value from a nonpublic funding source. No nonmonetary other thing(s) of value shall be provide to or accepted by a public body or official unless it is approved by the State Election Commission as set forth in this Section.

7.2. The applicant shall submit a written application on the form provided by the Secretary of State to the State Election Commission.

7.3. The application shall include the following information:

7.3.1. The name of the public body(ies) or official(s);

7.3.2. To the extent applicable, the name of the nonpublic funding source;

7.3.3. A detailed description of the specific other thing(s) of value, including the fair market value of the gift;

7.3.4. An itemized list with descriptions of the proposed uses for the gift;

7.3.5. The date of the application;

7.3.6. The signatures of a majority of the requesting members of the members of the public body(ies), the requesting official(s), or authorized agent;

7.3.7. Any supporting materials relevant to the application; and

7.3.8. Any other necessary information as determined by the Secretary of State.

7.4. Upon receipt of the application, the State Election Commission shall follow the procedure for application review, consideration, and decision making set forth in Section 5 of this rule.

7.5. In the event a gift under this Section is approved, the applicant and nonpublic funding source shall coordinate the delivery and acceptance of the gift.

7.6. Nothing in this rule shall be construed to require the Secretary of State or State Election Commission to take control of, hold in escrow, or otherwise be responsible as an intermediary between the applicant and nonpublic funding source for any nonmonetary other thing of value.

Series 55 Election Administration, Infrastructure, and Security Minimum Standards and Reserve Funding

W. Va. Code R. § 153-55-1 General

1.1. Scope. -- This Rule establishes minimum standards for election administration, infrastructure, and security, which includes standards regarding cyber and physical security, and a minimum reserve funding requirement for each county from funds transferred to the separate fund for election administration, infrastructure, and security, as required by W. Va. Code § 11-22-2.

1.2. Authority. -- W. Va. Code §§ 3-1A-6 and 11-22-2(c)(4).

1.3. Filing Date. -- May 8, 2024.

1.4. Effective Date. -- May 8, 2024.

1.5. Sunset Provision. -- This Rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 153-55-2 Purpose

2.1. Pursuant to W. Va. Code § 11-22-2, as amended in SB 522 (2023), this Rule establishes the minimum cyber and physical security standards for election administration, infrastructure, and security, which must be satisfied prior to a County Commission’s transfer of the excess moneys from the county election fund into the county’s general fund.

W. Va. Code R. § 153-55-3 Definitions

3.1. “Authorized user” means a county clerk employee, temporary employee, or other individual authorized by the county clerk or Secretary of State to access and interact with an endpoint device or election technology.

3.2. “Continuity of Operations Plan” or “COOP” means a written document that sets forth an agency’s plan to ensure they can continue to perform their duties and mission essential functions in the event of a wide range of emergencies.

3.3. “County election fund” means a county’s separate account for use by the clerk of the county commission for improving election administration, infrastructure, and security, in accordance with the standards set forth in this Rule.

3.4. “Device” or “endpoint device” means any physical or virtual equipment or mechanism that connects to and exchanges information with a computer network. Examples include a desktop computer, mobile phone, or server.

3.5. “Election technology” means voter registration systems, voting systems, electronic pollbooks, election results reporting systems, and other technologies used to register, maintain, or process voters or used in the conduct of an election.

3.6. “Endpoint protection” means a software solution deployed on an endpoint device for security purposes that functions to prevent malware attacks, detect malicious activity, and provide investigation and remediation capabilities needed to respond to security incidents and alerts.

3.7. “Incident” means an event that actually or potentially jeopardizes the confidentiality, integrity, or availability of election technology or the information processed, stored, or transmitted by election technology. Common synonyms for this term include breach, hack, intrusion, exfiltration, or ransomware attack.

3.8. “Incident Response Plan” or “IRP” means a written document outlining an organization’s roles and procedural steps before, during, and after a confirmed or suspected election security incident.

3.9. “Minimum reserve funding” means the total amount of moneys in a county election fund that is equal to average statewide cost of upgrading voting equipment per precinct as provided in subsection 6.2 of this Rule multiplied by the total number of county precincts as required by W. Va. Code § 11-22-2(c).

3.10. “National Institute of Standards and Technology” or “NIST” is the federal agency that creates critical measurement solutions for science, standards, and technology.

3.11. “Primary Administrative Contact” means the county clerk or their designee who is responsible for making final decisions that affect the administration of elections in the jurisdiction.

3.12. “Primary Technical Contact” means the individual responsible for making decisions as they relate to technology that support elections. This individual is typically a county clerk’s chief information or other employee or contractor responsible for providing technical services and support to the county clerk’s office for election systems and other office technologies.

3.13. “Plan of Actions and Milestones” or “POA&M” means a document that identifies deficiencies or failures in an agency’s systems or operations and details tasks and resources that are required to accomplish the elements of a plan, milestones for meeting the tasks, and the scheduled completion dates for the milestones.

3.14 “Supported operating system” means the software that manages a device’s hardware, software, or service programs, which receive timely updates and security patches.

W. Va. Code R. § 153-55-4 Minimum Cyber Security Standards

4.1. The county clerk shall develop and maintain an IRP to follow in both response to and recovery from a cyber incident, a copy of which shall be provided to the Secretary of State’s Chief Information Officer upon request.

4.1.1. The IRP shall include:

4.1.1.a. The full name, direct phone number(s), and official email address of the county’s designated Primary Administrative Contact and Primary Technical Contact;

4.1.1.b. A plan to restore critical services based on the type of incident if failure to restore can predictably jeopardize the normal conduct of elections. For this requirement, types of incidents include ransomware or other malicious cyber attacks that prevent an election official from accessing any election technology or endpoint device;

4.1.1.c. A communication directive to immediately notify the Secretary of State’s Chief Information Officer within 24 hours of discovery of any potential or actual cyber incident; and

4.1.1.d. A requirement for developing a POA&M within 48 hours of a cyber incident, which includes a description of the incident and the plan with defined deadline milestones to recover all election technology and devices affected by the incident. The POA&M shall be submitted to the Secretary of State in a secure manner upon completion.

4.1.2. The IRP may be included with or incorporated into a broader COOP.

4.1.3. The county clerk shall review the IRP on an annual basis and make any necessary updates or revisions in a timely manner.

4.1.4. The county clerk shall immediately notify the Secretary of State’s Chief Information Officer upon discovery of any potential or actual cyber incident and submit within 48 hours a Plan of Actions and Milestones that includes a description of the incident and sets forth the plan with defined deadline milestones to recover all election technology and devices affected by the incident.

4.2. Any device that accesses, is involved with, or interacts with, election technology shall:

4.2.1. Use a supported operating system that is regularly updated and patched in accordance with the vendor’s cyber security recommendations, or following a notification or directive from a state, federal, or industry authority that is applicable to the specific operating system; and

4.2.2. Have current endpoint protection, including up-to-date virus and malware definitions.

4.3. The county clerk shall maintain a roster of authorized users who have access to or credentials for election technology, which shall include internal and external users such as deputy clerks and vendors. The county clerk shall review and update the roster quarterly.

4.3.1. All authorized users must complete annual training selected or provided by the Secretary of State on the principals of cybersecurity awareness, which shall include an annual email phishing campaign assessment: Provided, this requirement does not include poll workers or other temporary contract workers whose access to election technology is supervised or merely incidental, such as working the polls on election day or providing in-office assistance with tracking absentee ballots; and

4.3.2. The county clerk shall remove and revoke all login and access credentials to any device or election technology of any authorized users within 24 hours after that employee’s or individual’s authorization is revoked. Examples of revoked authorization include employment resignation or termination, or new job duties that no longer justify any purpose for the individual to access or interact with any device or election technology.

4.4. All county clerk offices must maintain membership in the Center for Internet Security’s Election Infrastructure Information Sharing and Analysis Center.

4.5. Security and encryption policies around the storage or transmission of sensitive or protected data, unless otherwise specified by a unique transaction, must be compliant with standards enumerated by NIST.

4.6. Password policies around accessing election technology, unless otherwise specified by the platform host, must be compliant with standards enumerated by NIST.

4.7. A full- or part-time county clerk employee shall use only county or state issued email accounts for all election administration related conduct and communications: Provided, that this requirement shall not include poll workers or other temporary contracted workers, such as ballot commissioners. Additionally, out-of-band email communications used in response to a cybersecurity event shall be exempt.

4.8. County clerk offices that utilize social media accounts for official election-related public communications shall protect the account using multifactor authentication, if available.

4.9. County clerk offices must enroll in an external vulnerability scanning program and conduct, at a minimum, an annual vulnerability scan to assess the security of public-facing IP address ranges, websites, and web applications hosted by the county or county clerk for use in election administration.

4.9.1. The vulnerability scanning program scope may vary depending on the type of program and assessment: Provided, that this requirement does not include election technology that does not connect to any network.

4.9.2. Counties shall remediate all critical or high-risk vulnerabilities identified by any assessment. The timeline for remediation will vary based on the type and severity of vulnerability. Follow all NIST industry standards for remediation timeline.

4.10. Counties who identify or suspect an actual or possible election security cyber incident shall report same to the Secretary of State's Chief Information Officer, Elections Director, Chief of Staff, or General Counsel, within 24 hours of the actual or possible incident.

W. Va. Code R. § 153-55-5 Physical Security Requirements

5.1. Voting equipment, including ballot marking devices, tabulators, and computers running election management system software, shall be:

5.1.1. Located in a room containing no other equipment or supplies or otherwise physically segregated by walls or fences that prevent unauthorized access to the equipment, which room is located inside an access-controlled secure location and accessible only by the county clerk and individuals granted access by the county clerk whose names appear on the roster required by subsection 4.3. The room shall have a sign-in sheet located in the interior of the room that shall be completed by each individual who enters the room on every occasion, which sheet shall include the individual’s name, date, time of entry and departure from the room, and the reason for accessing the room.

5.1.2. Monitored 24/7 in one or more of the following manners: (1) closed-circuit surveillance cameras that store video files for a minimum of 60 days; (2) security personnel or guards; (3) security alarm; or (4) electronic or restricted access locking mechanisms that digitally log all physical entries into all necessary access points.

5.1.3. Equipped with emergency management devices such as a fire suppression system and flood detection device.

5.2. County clerks shall maintain a log of the chain of custody of all voting equipment each time the equipment is removed from its secure location, which shall contain, at a minimum, the individual(s) name, date, purpose for removing the equipment, full list of the equipment removed, the time that custody of the equipment was taken and returned, location of return, and the identity of the individual to whom custody was transferred by another individual or attestation that it was returned to the secure location.

5.3. County clerks shall maintain a log of all individuals, including authorized staff and vendors, who turn on or use a computer running election management system software, which log shall include the individual(s) name, date, purpose for accessing the computer, and the time of use.

5.4. After discovery of any unauthorized access or attempts to gain access to any voting equipment, the secure location where voting equipment is stored, or any county clerk facilities, the county clerk shall notify the Secretary of State’s Chief Information Officer, Elections Director, Chief of Staff, or General Counsel within 24 hours.

W. Va. Code R. § 153-55-6 Minimum Required Reserve Funding for Election Administration, Infrastructure, and Security

6.1. The amount of money in the county election fund required to meet the minimum reserve funding shall not be required to exceed the cost of upgrading voting equipment at the statewide average price to upgrade a voting system by precinct. Counties seeking to transfer funds from the county election fund must first meet the minimum reserve fund amount based on the formula provided in subsection 3.8 of this Rule.

6.2. Based on figures calculated at the time of the enacting legislation, SB 522 (2023), the statewide average price to upgrade voting equipment is $20,760.11 per precinct. This average price per precinct is subject to change each rule-making cycle based on market prices and contracts executed within the state. The following table reflects the figures relied upon for generating the current statewide average:

County Last cost of upgrades Precincts Cost per precinct Statewide avg cost per precinct Estimated cost for all precincts at state avg BARBOUR $311,429.34 $23,956.10 $269,881.42 BERKELEY $2,135,705.00 $26,366.73 $1,681,568.83 BOONE $457,522.67 $16,945.28 $560,522.94 BRAXTON $306,945.00 $17,052.50 $373,681.96 BROOKE $513,860.00 $22,341.74 $477,482.51 CABELL $1,613,679.00 $23,386.65 $1,432,447.52 CALHOUN $223,225.00 $22,322.50 $207,601.09 CLAY $205,337.00 $17,111.42 $249,121.31 DODDRIDGE $231,392.67 $17,799.44 $269,881.42 FAYETTE $593,025.00 $14,825.63 $830,404.36 GILMER $150,000.00 $15,000.00 $207,601.09 GRANT $212,962.00 $15,211.57 $290,641.53 GREENBRIER $749,785.00 $26,778.04 $581,283.05 HAMPSHIRE $316,547.67 $12,661.91 $519,002.73 HANCOCK $446,688.00 $17,867.52 $519,002.73 HARDY $200,000.00 $10,000.00 $415,202.18 HARRISON $1,600,000.00 $24,615.38 $1,349,407.09 JACKSON $593,000.00 $19,129.03 $643,563.38 JEFFERSON $1,000,000.00 $31,250.00 $664,323.49 KANAWHA $4,000,000.00 $20,618.56 $4,027,461.15 LEWIS $200,000.00 $8,333.33 $498,242.62 LINCOLN $414,112.00 $27,607.47 $311,401.64 LOGAN $537,802.00 $14,152.68 $788,884.14 MARION $1,549,218.00 $19,861.77 $1,619,288.50 MARSHALL $991,790.00 $26,805.14 $768,124.03 MASON $564,542.67 $18,211.05 $643,563.38 MCDOWELL $567,136.00 $14,541.95 $809,644.25 MERCER $986,065.00 $21,436.20 $954,965.02 MINERAL $300,540.00 $12,021.60 $519,002.73 MINGO $558,048.00 $19,243.03 $602,043.16 MONONGALIA $1,353,850.00 $30,769.32 $913,444.80 MONROE $308,157.00 $25,679.75 $249,121.31 MORGAN $468,875.00 $33,491.07 $290,641.53 NICHOLAS $260,000.00 $8,387.10 $643,563.38 OHIO $1,175,484.00 $25,010.30 $975,725.12 PENDLETON $218,587.00 $24,287.44 $186,840.98 PLEASANTS $210,665.00 $19,151.36 $228,361.20 POCAHONTAS $269,107.67 $15,829.86 $352,921.85 PRESTON $680,267.67 $18,896.32 $747,363.93 PUTNAM $961,130.00 $20,449.57 $975,725.12 RALEIGH $1,943,700.00 $31,863.93 $1,266,366.65 RANDOLPH $563,496.00 $20,124.86 $581,283.05 RITCHIE $277,000.00 $27,700.00 $207,601.09 ROANE $380,145.00 $21,119.17 $373,681.96 SUMMERS $291,572.67 $18,223.29 $332,161.74 TAYLOR $178,925.00 $10,525.00 $352,921.85 TUCKER $141,745.00 $12,885.91 $228,361.20 TYLER $226,000.00 $22,600.00 $207,601.09 UPSHUR $384,609.00 $19,230.45 $415,202.18 WAYNE $600,000.00 $15,384.62 $809,644.25 WEBSTER $175,000.00 $14,583.33 $249,121.31 WETZEL $500,000.00 $23,809.52 $435,962.29 WIRT $135,000.00 $12,272.73 $228,361.20 WOOD $1,556,495.00 $21,922.46 $1,473,967.74 WYOMING $581,543.00 $21,538.63 $560,522.94 Total $36,371,711.03

6.3. The number of total precincts reflected in the table above are provided for information purposes and may change over time. When calculating the minimum reserve funding, a county shall consider the statewide average cost to upgrade voting equipment as provided in subsection 6.2 of this Rule and the number of precincts in the county at the time the application is submitted.

W. Va. Code R. § 153-55-7 County Commission Application for Secretary of State Compliance Review to Authorize Transfer of Election Funds to County General Fund

7.1. Pursuant to W. Va. Code § 11-22-2(b)(4), the County Commission must apply to the Secretary of State for a determination that the county has permission to transfer any funds in excess of the minimum reserve funding from the county election fund. An application is required for each desired transfer.

7.2. The application shall be in writing to the Secretary of State, and include the following information:

7.2.1. The name of the county;

7.2.2. The account balance of the county election fund and sufficient documentation in the form of a bank statement or the equivalent from a financial institution that was issued no more than 60 days prior to the date of the application submission;

7.2.3. The current number of county precincts;

7.2.4. The amount of the requested transfer from the county election fund; and

7.2.5. An attestation that the county has satisfied the minimum cyber and physical security requirements set forth in sections 4 and 5 of this Rule, as well as sufficient documentation and relevant materials including but not limited to documentation of physical security protections, current contracts with cyber and physical security providers, and a copy of the IRP.

7.3. Upon receipt of an application, the Secretary of State shall make a written determination within 10 business days, which shall include the grounds upon which any rejection is based.

7.4. The county commission may seek reconsideration if an application is rejected by submitting its request in writing to the Secretary of State within 30 days of receipt of the initial determination, along with any additional or new information that supports the county commission’s request.

7.5. The Secretary of State shall issue a final written determination on reconsideration within 10 days following receipt of the application.

Series 56 Business Organization Name Distinguishability Rules

W. Va. Code R. § 153-56-1 General

1.1. Scope. -- This rule section furnishes general guidelines used to determine whether a proposed name is acceptable as the name of a business entity in the records of the Secretary of State.

1.2. Authority. -- W. Va. Code §29A-2-6(c).

1.3. Filing Date. – January 3, 2025.

1.4. Effective Date. -- February 3, 2025.

W. Va. Code R. § 153-56-2 Definitions

2.1. “Business identifier” or “name ending” means one or more letters or words denoting a business entity as permitted by law. The following list includes examples of business entity identifiers: Corporation, Corp., Inc., Company, Co., Limited Liability Company, LLC, Professional Corporation, PC, Professional Limited Liability Corporation, PLLC.

2.2. "Distinguishable" means, in relation to the name of a business, a difference between names which would allow a person to recognize or perceive the name of the business as being noticeably different.

2.3. “Business Entity” means any type of business organization including, but not limited to, domestic corporation, limited liability company, limited partnership, limited liability partnership, foreign corporation, and professional limited liability company.

2.4. “Key Word” means a word or proper noun other than an article of speech, preposition, conjunction, or a business identifier or name ending.

2.5. “Noticeably different” means different in a way that is easy to see or recognize. This includes (1) at least a one-word difference between names when the words are common terms and the company is or might appear to be in a similar business, and (2) at least a word order difference between names when the different word is a proper name or an unusual term, or when the company is clearly in a different type of business from the existing name.

2.6. "Symbol" means a mark or character used as a conventional representation of an object, function, or process, such as &, %, +, =, etc.

W. Va. Code R. § 153-56-3 Distinguishable in the Records of the Secretary of State

3.1. In order to be approvable under the law, a proposed name of a business entity must be distinguishable on the records of the Secretary of State. In determining if a proposed name is distinguishable, the Secretary of State will utilize some or all of the following analyses on a case-by-case basis:

3.1.1. A key word is added that makes the name noticeably different.

E.g. “Dreams Corporation” and “Sweet Dreams Corporation” are distinguishable.

3.1.2. Words in a foreign language that are not translated into English, but must consist of letters in the Roman alphabet, Arabic numerals (0, 1, 2, 3, etc.), or symbols capable of being readily reproduced by the office of the Secretary of State.

E.g. “La Fleur” and “The Flower” are distinguishable.

"Casa Blanca Prod." and "White House Prod." are distinguishable.

"El Rodeo" and "The Rodeo" are distinguishable.

3.1.3. Distinction of service offered.

E.g. “A1 Plumbing” and “A1 Heating and Air” are distinguishable.

3.1.4. Words that are spelled differently or creatively are considered distinguishable.

E.g. “Crazy Cats Pet Shop” and “Krazy Katz Pet Shop” are distinguishable.

3.1.5. The name contains the use or different spellings of proper names.

E.g. "Jayne's Boutique" and "Jane's Boutique" are distinguishable.

“Roberta’s Cookbook, Inc.” and “Roberta Cook’s Book, Inc.” are distinguishable.

3.1.6. The key words have a marked difference in meaning in their contexts and the words are not literally identical.

E.g. "Capital Builders" and "Capitol Builders" are distinguishable.

3.1.7. Business names whose difference consists of key words with the same or similar meaning but are different words.

E.g. “Beautiful Flowers, Co.” and “Gorgeous Florals, Co.” are distinguishable.

3.1.8. Locality name to distinguish or specify a location of a business entity.

E.g. “The Apple Picking Company” and “The Mineral Wells Apple Picking Company” are distinguishable.

3.1.9. The key words or contractions of key words are derived from the same root word.

E.g. "Great Products" and "Great Productions” are distinguishable.

3.1.10. A proposed name might be distinguishable from an existing name when the difference between the proposed name and existing name is the addition or omission of a space or spaces so that the proposed name creates a new word or words that have different meanings.

E.g. “Got Ham LP” and “Gotham, LP” are distinguishable.

3.1.11. The expression of a number or numbers using letters instead of Arabic numerals is distinguishable.

E.g. “Roman Investments II” is distinguishable from “Roman Investments Too.”

W. Va. Code R. § 153-56-4 Not Distinguishable

4.1. A proposed name is not distinguishable from the name of any other existing entity or from a reserved name if the only difference between them is one or more of the following:

4.1.1. The use of the name or a derivative of a registered trademark that is still active within the records of the Secretary of State.

E.g. “WV Soda Co.” where “WV Soda” is a registered trademark.

4.1.2. Distinction between upper and lower case letters, typeface, punctuation, hyphenation, or font.

E.g. “Doggy Day Spa LLC” and “DOGGY DAY SPA LLC” are not distinguishable.

“Reagan’s Restaurant LP” and “Reagan’s Restaurant! LP” are not distinguishable.

“Left Handed Scissors, Co.” and “Left-Handed Scissors, Co.” are not distinguishable.

4.1.3. Abbreviations and unabbreviated versions of the same words are not distinguishable.

E.g. “Jackson’s Soccer Professionals, LLC” and “Jackson’s Soccer Pros, LLC” are not distinguishable.

4.1.4. If the difference between the proposed name and existing name is a business identifier or name ending.

E.g. “L.S.S. Clothing, LLC” and “L.S.S. Clothing, Co.” are not distinguishable.

4.1.5. The use of a different tense or plural of the same word does.

E.g. "Bake Cookies LP" and "Baked Cookies LP" are not distinguishable.

“Payton’s Art Supply, LLC” and “Payton’s Art Supplies, LLC.” are not distinguishable.

4.1.6. Articles of speech (a, an, the, and, &), prepositions (of, for, by, with, on, to, etc.), contractions (can’t vs cannot), pronouns (I, you, we, me, etc.).

E.g. “Lauryn and Ward LLC” and “Lauryn & Ward LLC” are not distinguishable.

“Mice and Men Co.” and “Of Mice and Men Co.” are not distinguishable.

4.1.7. The addition of one or more non-descriptive numbers.

E.g. “One Small Café LLC” and “1 Small Café LLC” are not distinguishable.”

4.1.7.a. Notwithstanding the foregoing, the following cases using one or more non-descriptive numbers are approvable:

4.1.7.a.1. The name being requested is owned by the owner’s current name on file. In this case, proof of affiliation may be requested by the Secretary of State for confirmation.

E.g. “Soul Food” and “Soul Food 2” are distinguishable if both are owned by the same owner(s).

4.1.7.a.2. Adding a street address.

E.g. “The Coffee Shop” and “The Coffee Shop on 123 Main St.” are distinguishable.

4.1.7.a.3. Adding a distinguishing or narrowing word or phrase to an otherwise generic name.

E.g. “First Rite Ministries” and “Second Rite Ministries” would be acceptable.

E.g. “Cardinals Baseball, Inc.” and “1967 World Champion Cardinals Baseball, Inc.” would be acceptable.

4.1.8. Differences in the use of special characters: * Asterisk, / backslash, [ left brace, ] right brace, ^ caret, @ at sign, ¢ cents sign, $ dollar sign, = equal-to sign, > greater than, < less than, # number sign, % percentage sign, + plus sign, _ underline, ~ tilde, etc.

E.g. “Cheese Pizza, LP” and “¢hee$e Pizza, LP” are not distinguishable.

4.1.9. Differences between the singular and plural forms of words.

E.g. "August's, LLC" and "Augusts, LLC" are not distinguishable.

4.1.10. Contractions.

E.g. "Cannot Stop, Inc." and "Can't Stop, Inc." are not distinguishable.

4.1.11. Names that are vulgar, contain profanity, or words or phrases that are generally considered a slur against an ethnic group, religion, gender, or heredity.

4.1.12. Names that are misleading to the public will not be considered distinguishable. A name may be misleading in the following circumstances:

4.1.12.a. If the proposed name creates a false implication of government affiliation or uses words that commonly denote governmental organization include, but are not limited to, “Agency,” “Commission,” “Department,” “Bureau,” “Division,” “Municipal” or “Board” unless clearly not affiliated with a government agency.

E.g. “Secretary of State Filing Co.” and “The Tax Department Biling Co.” would not be approvable.

“Water Department Co.” and “FBI Inc.” would not be approvable.

“The Boot Department” and “Hair Care Agency” would be approvable.

4.1.13.b. Names that imply tax-exempt status in situations where the public could be misled.

E.g. “John’s Charity Foundation, Inc.” for a for-profit corporation

W. Va. Code R. § 153-56-5 Additional Considerations for Determining Distinguishability

5.1. In these close cases, various tests may be employed on a case-by-case basis including but not limited to:

5.1.1. Business Type or Industry Test: whether the particular business type or industry makes a proposed name distinguishable. This takes into consideration certain factors such as the products or services of a business and whether the business has a physical location for customers in the state or it is only available through shipping or remote services.

5.1.2. Geography Test: the geographic location of the business entity compared with one in existence.

5.1.3. Phonetics Test: determination of whether the phonetics could be confusing or misleading to the public.

Series 57 Exempt Purchasing for Critical Election Infrastructure

W. Va. Code R. § 153-57-1 General

1.1. Scope. -- This rule establishes the procedures of the West Virginia Secretary of State’s Office for procurements exempt from W. Va. Code §5A-3-1 et seq. or the requirements of the West Virginia Department of Administration, Purchasing Division. This rule is established in compliance with W. Va. Code §5A-1-12, under which agencies exempt from some or all of the requirements of Chapter 5A of the West Virginia Code are to adopt purchasing rules.

1.2. Authority. – W. Va. Code §51-1-12 and W. Va. Code §5A-3-1.

1.3. Filing Date. – January 21, 2026

1.4. Effective Date. -- February 20, 2026

W. Va. Code R. § 153-57-2 Definitions

2.1. “Award” means the written determination of the selection of a vendor to perform under a contract issued after encumbrance and final WVSOS approval.

2.2. “Best value procurement” means a procurement method used in awarding a contract based on evaluating and comparing all established criteria, and cost is not the sole determining factor in the award. This includes RFPs, RFIs, and EOIs.

2.3. “Bid” means an offer by a vendor in response to a request to provide critical election infrastructure systems in accordance with the specifications of the WVSOS.

2.4. “Change order” means a written modification or amendment to a WVSOS issued contract in the manner provided in the contract or upon the mutual consent of the WVSOS and the vendor.

2.5. “Chief financial officer” means the WVSOS employee designated as such who manages the WVSOS’s Financial Accounting Department and is responsible for oversight and management of financial, investment, reporting, purchasing, and budgeting functions for the agency.

2.6. “Commodities” means goods, supplies, materials, equipment, or any other tangible item.

2.7. “Contract” means the binding agreement entered into between the WVSOS and a vendor to provide the commodities or services requested in the procurement and includes a purchase order.

2.8. “Critical election infrastructure systems” means commodities and services relating to voter registration systems, voting systems, electronic pollbooks, election results reporting systems, and other technologies used to register, maintain, or process voters or used in the conduct of an election by the WVSOS.

2.9. “Direct award” means the procurement method to award a contract to a vendor able to provide critical election infrastructure systems without competitive bidding.

2.10. “Emergency procurement” means an acquisition method used when time is of the essence, unforeseen causes arise that include a threat to public health, welfare, safety, circumstances warrant immediate action to stabilize the situation, or safeguarding the state’s assets, and not because of poor planning, neglect, or lack of organization.

2.11. “Expression of interest” or “EOI” means a procurement method that seeks vendors to provide information and express an interest in a procurement.

2.12. “FOIA” means the Freedom of Information Act found in W. Va. Code §29B-1-1 et seq.

2.13. “Procurement” means the process of contracting for, purchasing, renting, leasing, or otherwise acquiring, receiving, and maintaining critical election infrastructure systems.

2.14. “Procurement document” means an RFP, RFI, EOI, and other document and all attachments related to the bidding or other means of acquiring critical election infrastructure systems.

2.15. “Protest” means a formal written statement from a prospective or an actual vendor that declares the vendor’s dissent or disagreement as to a procurement document or process pertaining to a WVSOS procurement.

2.16. “Purchasing Division” means the West Virginia Purchasing Division under the West Virginia Department of Administration.

2.17. “Request for information” or “RFI” means a document that seeks information to aid in preparing specifications.

2.18. “Request for proposal” or “RFP” means a document issued by the WVSOS to obtain commodities and services for which cost is not the sole determining factor for award.

2.19. “Request for quotation” or “RFQ” means a document issued by the WVSOS to obtain a quotation or bid.

2.20. “Requisition” means a written or electronic request for the purchase of critical election infrastructure systems.

2.21. “Services” means intangible items, that include labor, time, expertise, maintenance, software, and service agreements.

2.22. “Specification” means a clear and accurate description of the physical, functional, or performance characteristics or nature of a critical election infrastructure system acquired, and may include requirements for inspection, testing, and performance.

2.23. “State” means the State of West Virginia.

2.24. “Total ownership or operational cost” means a procurement method that takes into consideration the costs of designing, bidding, implementing, operating, training, transitional costs, residual value, disposal, and processes for a critical election infrastructure system for which cost is not the determining factor in award.

2.25. “Vendor” means a person or entity considering or submitting a bid, a person or entity selected as the lowest responsible and responsive vendor in connection with a bid, or a person or entity that has been awarded the contract.

2.26. “Whole-life costing” means a procurement method that takes into consideration the cost of the critical election infrastructure system being acquired overs its expected life or usage and for which cost is considered but is not a determining factor.

2.27. “wvOASIS” means the state’s accounting system managed by the Enterprise Resource Planning Board in conjunction with the West Virginia Department of Administration and the State Auditor’s Office.

2.28. “WVSOS” means the West Virginia Secretary of State.

2.29. “WVSOS Procurement” means the unit within the WVSOS with personnel who manage the functionality of WVSOS procurement.

W. Va. Code R. § 153-57-3 General Information

3.1. WVSOS procurements for critical election infrastructure systems shall be centrally processed with the WVSOS to provide economical and efficient services at a reasonable cost, using fair and reasonable competition methods and providing equitable treatment of vendors.

3.2. Methods used to determine the appropriate critical election infrastructure systems needed by the WVSOS include best value procurement, whole-life costing, and total ownership or operational costing. The requirements or limitations in a procurement document are believed to be reasonable in consideration of WVSOS.

3.3. Documentation shall be maintained for all procurements and purchases by WVSOS Procurement to protect the processes.

3.4. The chief financial officer shall audit WVSOS exempt procurement and exempt purchasing processes and files every two years beginning in 2027 to cover the period of the effective date of this rule through December 31, 2026, and then every two years thereafter.

3.5. WVSOS contracts shall comply with all applicable laws, rules and regulations. Procurement documents contain standard agency terms and conditions to aid in compliance with State law.

3.6. There shall be a blackout period from the release of an RFQ, RFP, or EOI by the WVSOS until award or cancellation during which the only contact with the WVSOS is through WVSOS Procurement.

3.7. Vendors shall be provided with instructions for submitting bids and may contact WVSOS Procurement as needed.

3.8. Every contract issued shall contain a clause that permits the WVSOS to cancel the contract upon 30 days written notice to the vendor without penalty.

3.9. Bids shall not be altered and are considered public records available for review or copying after they are opened. After award, the entire file shall be public records and available for review and copying.

3.10. Bid openings must be witnessed by two WVSOS staff members, one of whom is with WVSOS Procurement. WVSOS Procurement personnel shall read aloud the names of the vendors submitting the bids. For bids received pursuant to an RFP, WVSOS Procurement shall confirm that each original package contains a separately sealed cost proposal.

3.11. WVSOS Procurement shall provide timely written notice to the vendors that were unsuccessful in their bid not being awarded.

3.12. Negotiation may be used to finalize a contract and when needing a change order to amend or modify a current contract. Negotiation of a change in scope is permitted when circumstances dictate. A justification for a negotiated change order must be included in the file.

3.13. The WVSOS shall abide by the West Virginia Ethics Act and the associated promulgated rules and shall not make a purchase from a conflicted vendor or a vendor with a significant financial interest as prohibited under the West Virginia Ethics Act.

W. Va. Code R. § 153-57-4 Purchasing Requirements

4.1. Documentation associated with all procurements shall be maintained in files in accordance with WVSOS record retention policy.

4.2. All purchases of critical elections infrastructure systems shall be subject to expenditure approval.

4.3. Contracts shall be issued for all procurements regardless of dollar amounts to assist with tracking and ensure proper internal controls. As defined herein, the term contract includes purchase orders.

4.4. Vendors shall be responsible for submitting a correct and accurate bid to WVSOS Procurement by the specified bid opening time, date, and location and in accordance with the procurement documents.

4.5. Prior to an award of a contract, vendors must be a registered vendor as required by the Purchasing Division, document any required license or insurance, and be in good standing with state and local entities, including but not limited to, the WVSOS and West Virginia Worker’s Compensation.

4.6. A contract award is subject to the provisions of West Virginia State Code which automatically void certain contract clauses that violate State Law.

4.7. Vendors to be awarded a contract of $1 million or more or a series of related contracts for which the cumulative total exceeds $1 million shall submit to the WVSOS a fully completed Disclosure of Interested Parties form authorized by the West Virginia Ethics Commission.

4.8. A vendor shall not commence work on any procurement without receipt of the awarded contract by WVSOS Purchasing and any required notice to proceed. The WVSOS will not be responsible for any work by a vendor prior to and not in accordance with the contract awarded.

4.9. All requests for critical election infrastructure services shall be submitted in a written requisition to WVSOS Purchasing via email, written memo, or other method. All requests require approval of the Secretary of State or other person with the appropriate signature authority.

4.10. Upon receipt, a requisition is reviewed to determine the sourcing method for the procurement.

4.10.1. Sourcing methods considered include State sources, statewide or agency master agreements, cooperative contracts, or obtaining bids if required by the procurement method levels.

4.10.2. Any WVSOS contract usable by another state entity or a political subdivision will state the use.

4.11. Purchases and contracts for critical elections infrastructure systems shall be based on competitive bid whenever possible, subject to the following:

4.11.1. $15,000 or less – no bids required, competition encouraged when possible;

4.11.2. $15,000.01 to $50,000 – a minimum of three written bids shall be required, when possible;

4.11.3. Purchases expected to exceed $50,000 must be subject of competitive bid solicitation unless otherwise allowed under subsection 4.12 of this rule.

4.12. WVSOS Procurement may authorize purchases directly from a vendor without competitive bidding under the following circumstances:

4.12.1. It is determined that a direct award is appropriate because there is no other source for the product or service, or that no other source would be willing or able to replace the existing source without a detrimental effect on the WVSOS, in which case the WVSOS will document its due diligence in making this determination;

4.12.2. In the event of an emergency, including but not limited to unforeseen events or circumstances, delays by contractors, delays in transportation, or an unanticipated volume of work, as well as procurements related to an official declaration of emergency by the Governor or federal officials. Notwithstanding the existence of an emergency as described in this subdivision, the WVSOS shall attempt to obtain three bids whenever possible. “Emergency” does not include circumstances caused by the WVSOS’s neglect, poor planning, or lack of organization;

4.12.3. The critical elections infrastructure system being sought is included on the “Impossible to Bid” list set forth in Section 9 of the West Virginia State Purchasing Division Procedures Handbook; or

4.12.4. Competitive bidding is not expressly required by statute.

4.12.4.a. When competitive bidding is not expressly required by statute and not used for a direct award, the WVSOS will evaluate vendors based upon the following criteria, where applicable, and will document its evaluation:

4.12.4.a.1. Overall experience;

4.12.4.a.2. Professional certifications or designations;

4.12.4.a.3. Company specific experience;

4.12.4.a.4. Company type experience;

4.12.4.a.5. Knowledge of company or line of business;

4.12.4.a.6. Prior work for the WVSOS;

4.12.4.a.7. Professional reputation;

4.12.4.a.8. Availability and commitment to required timeframes;

4.12.4.a.9. Adequacy of staffing, including the ability of assigned staff members to complete the contract with substitution;

4.12.4.a.10. Quality of work;

4.12.4.a.11. References from another state entity or a political subdivision;

4.12.4.a.12. References from subject matter experts;

4.12.4.a.13. Projected costs;

4.12.4.a.14. Conflicts of interest;

4.12.4.a.15. Support services available to the vendor, including but not limited to information technology services; and

4.12.4.a.16. Any other guidelines or procedures the WVSOS considers appropriate.

4.13. Any required vendor terms and conditions must be submitted and approved before a contract is awarded. The WVSOS will obtain approval from the Attorney General as to contract form and conformity with applicable law when required by statute or when deemed necessary by WVSOS Procurement.

4.14. Aggregate procurements in excess of $50,000 by the WVSOS shall not circumvent the formal procurement requirements in any 12-month rolling period.

4.15. Receiving reports shall be prepared and submitted in accordance with W. Va. Code §12-3-10f.

W. Va. Code R. § 153-57-5 Formal procurement documents and processes

5.1. Request for Quotation (RFQ).

5.1.1. An RFQ shall contain a detailed description of, or specification for, the item(s) being purchased, any required delivery date, quantities, bid price per unit, and information on how to complete and submit the RFQ bid and deadlines.

5.1.2. All procurement documents issued for a procurement shall include a specific date, time, and location for submission of bids.

5.1.2.a. Bids not submitted by the specified date and time to the specific location shall be rejected and not be considered.

5.1.2.b. WVSOS Procurement shall stamp bids with the date and time of actual receipt for bids physically received. Bids received through wvOASIS are stamped by the system.

5.1.2.c. Bids shall remain sealed until the specified date and time, at which time WVSOS Procurement will open the bids.

5.1.2.d. No bid received may be altered after opening.

5.1.2.e. A vendor submitting a bid may withdraw the bid at any time prior to bid opening.

5.1.3. Bids shall be reviewed by WVSOS Procurement and the WVSOS division requesting the item(s) to verify each bid meets the requirements of the RFQ.

5.1.4. An award shall be made to the responsible and responsive vendor having the lowest bid.

5.1.5. WVSOS Procurement must reject a bid that is found to be non-responsive. A non-responsive bid is one that fails to conform to the solicitation in all material respects.

5.2. Direct Awards.

5.2.1. A direct award shall be a procurement method occurring only if:

5.2.1.a. The procurement file contains the following:

5.2.1.a.1. Written justification that the direct award is in the best interests of the State;

5.2.1.a.2. Documentation of efforts used to determine that there is no other source or that no other source would be willing or able to replace the existing source without a detrimental effect; and

5.2.1.a.3. No other vendor expresses an interest in providing the critical elections infrastructure system in question.

5.2.1.b. A direct contract may be extended or renewed if the request is substantiated by a written justification of continuation of the contract.

5.2.1.c. Prior to the issuance of a direct award, the WVSOS shall post notice of the proposed award in wvOASIS for a period of ten (10) days to afford vendors the opportunity to express interest. In the event a vendor timely expresses interest, the WVSOS Procurement Division shall utilize an alternative method of procurement.

5.3. Request for Proposal (RFP).

5.3.1. RFP documentation shall define the critical election infrastructure system desired to allow comparability of bids as submitted.

5.3.2. Procurements by RFP shall be advertised through media considered advisable and not cost prohibitive, including, but not limited to, professional publications, wvOASIS, the WVSOS’s website, and emails to potential vendors.

5.3.3. RFPs must contain provisions for a two-part evaluation, the first part being technical aspects of the proposal and the second part being cost to the State. The two components will be evaluated, scored, and combined to form a total score. Technical proposals must be opened first and fully evaluated prior to cost proposals being opened. Vendors shall be notified of the date and time of opening the cost portion. The highest scoring vendor will be awarded the contract.

5.3.4. All procurement documents issued for a procurement shall include a specific date, time, and location for submission of bids.

5.3.4.a. Bids not submitted by the specified date and time to the specific location shall be rejected and not be considered.

5.3.4.b. WVSOS Procurement shall stamp bids with the date and time of actual receipt for bids physically received. Bids received through wvOASIS are stamped by the system.

5.3.4.c. Bids shall remain sealed until the specified date and time, at which time WVSOS Procurement will open the bids.

5.3.4.d. No bid received may be altered after opening.

5.3.4.e. A vendor submitting a bid may withdraw the bid at any time prior to bid opening.

5.3.5. At the date, time, and location of the bid opening, the bids received shall be opened and the names of the vendors submitting a bid read aloud and documented. WVSOS Procurement shall verify that the technical and cost portions of the bids are separate, and the cost portion is sealed.

5.3.6. If there is more than one bidder responding to the RFP, WVSOS Procurement may negotiate a lower price with the highest ranked bidder. If the contract is not awarded to the highest scoring bidder, WVSOS Procurement may close negotiations with that bidder and enter into negotiations with the next highest scoring bidder and may continue to do so in like manner with the remaining responsive and responsible bidders. WVSOS Procurement shall only extend an offer after it is offered to all prior bidders in order of rank.

5.3.7. WVSOS Procurement must reject a bid that is found to be non-responsive. A non-responsive bid is one that fails to conform to the solicitation in all material respects.

5.4. Emergency Procurements.

5.4.1. In the event the Governor, WVSOS, or other authorized official declares an emergency exists, WVSOS Procurement shall determine to what extent the procedures set forth in this section will apply to procurements and authorize emergency procurements.

5.4.2. An emergency procurement shall use the procurement methods in this rule to the extent practicable.

5.4.3. WVSOS Procurement shall assist in obtaining bids, preparing documentation, verifying any required vendor registration and licensing, and issue any contracts necessary.

W. Va. Code R. § 153-57-6 Vendor Complaints and Protests

6.1. Complaints – A vendor may verbally or in writing complain about a procurement or purchase to WVSOS Procurement. WVSOS Procurement will provide a written response to the complaint.

6.2. Types of Protests.

6.2.1. Protests of Requirements, Specifications or Terms – Any protest relating to a procurement document, including any requirement, specification or term, or any combination thereof, must be filed in writing with the chief financial officer no later than five (5) business days prior to the specified bid opening date and time. Protests received after that date will not be considered.

6.2.2. Protests of Award – After selection of the apparent successful vendor in a procurement using an RFP, WVSOS Procurement will send a written notice of award to each vendor submitting a bid advising of the results and the date and time for a protest to be received by the chief financial officer. Vendors shall submit any protest of award no later than five (5) business days of the written notice. Protests received after the stated date and time will not be considered.

6.2.3. Written Letter of Protest – A letter of protest must be submitted in writing and contain the name and address of the protesting vendor, the procurement document number, a statement explaining why the protest has been filed, the relief sought, and any other information that may assist WVSOS Procurement in reaching a decision on this matter. The chief financial officer must receive the letter of protest by the established deadline to be considered.

6.2.4. Review of Protest and Issuing Decision – WVSOS Procurement will review the letter of protest and issue a written decision. WVSOS Procurement may contact the protesting vendor or any other entity or perform such research or investigation it considers necessary to reach a decision. Opening of the bids, evaluation of the bids or award of the contract may be delayed, as considered appropriate by WVSOS Procurement.

W. Va. Code R. § 153-57-7 Public Records

7.1. Procurement documents inform vendors that the entire response submitted for that procurement and any resulting contract are considered public documents.

7.2. As public documents, procurement documents are disclosed to the public following the bid opening or award of a contract in accordance with FOIA and W. Va. Code §5A-3-1(c)(7).

7.3. Any bid or other document in a procurement file may be disclosed pursuant to a FOIA request, even if the bid or other document contains statements or labels attempting to prevent disclosure, such as confidential, trade secret, private, or any other claim.

7.4. The WVSOS shall not be liable for any disclosure of a procurement document.

7.5. If a vendor requests the WVSOS execute a non-disclosure agreement to protect portions of its bid from disclosure for an RFP procurement, it must make the request to WVSOS Procurement at least one week prior to the date of the bid opening. A non-disclosure agreement may be executed at any time to prospectively protect any procurement documents, contracts or information.

7.6. The WVSOS has no duty to inform a vendor that any procurement documents, contracts or other documents or information will be disclosed pursuant to FOIA.

W. Va. Code R. § 153-57-8 Violations

8.1. Any person who authorizes or approves a purchase or contract in violation of federal or state law, this rule, or any policy or procedure adopted by the WVSOS may be held personally liable for the cost of the procurement or contract. Procurements and contracts violating federal or state law or this rule are void and of no effect.

8.2. The WVSOS will follow vendor suspensions and debarments by the federal government and the West Virginia Department of Administration, Purchasing Division.