Ohio County Commission v. Manchin

MILLER, Justice:

In this case we are asked to overturn the Circuit Court of Kanawha County’s interpretation of W.Va.Code, 3-4A-28(4) (1982), relating to the manual counting of electronic voting ballots. 1 Briefly stated, the court held that this subsection requires only the ballot cards be manually counted and not the actual votes contained on the ballots. The Secretary of State, the appellant, contends this ruling is erroneous as it essentially renders the subsection meaningless because merely manually counting the number of ballots will not test the accuracy of the voting machine’s…