22 month federal preservation law
| Submitted | Aug. 15, 2024 |
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Communications
From: David Joyce
To Whom It May Concern:
Pursuant to the West Virginia Freedom of Information Act, I hereby request the following records:
all documents explaining the 22 month federal law of preservation of election materiel's and legal recourse if violated.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
David Joyce
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following West Virginia Freedom of Information Act request, copied below, and originally submitted on Aug. 15, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: West Virginia Secretary of State
This request is not for records under control by this Office. Federal laws are preserved by the federal government. To view West Virginia laws, go to the Legislature's Code website at: https://code.wvlegislature.gov/
To be helpful, one West Virginia statute that seems to be relevant to you're inquiry is W. Va. Code 3-6-9(i), which provides:
(i) After the board of canvassers has made their certificates and declared the results as hereinafter provided, they shall deposit the sealed packages of ballots, absent voter ballots, registration records, pollbooks, tally sheets and precinct certificates with the clerk of the county commission from whom they were received, who shall carefully preserve them for twenty-two months: Provided, That the clerk may use these records to update the voter registration records in accordance with subsection (d), section eighteen, article two of this chapter. If there is no contest pending as to any election and their further preservation is not required by any order of a court, the ballots, pollbooks, tally sheets and certificates shall be destroyed by fire or otherwise, without opening the sealed packages of ballots. If there is a contest pending, they shall be destroyed as soon as the contest is ended.