SB 593 — Preserving voting data from electronic voting machines

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 593 ByBY SenatorsSENATORS RuckerRUCKER, andOLEY, BoleyWILLIAND [IntroducedROSE February[Reported 25,March 2025;27, 2025, from the Committee on Government Organization] CS for SB 593 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §3-4A-27a, relating to preservation of voting data from electronic voting machines;

referredand torequiring the CommitteeSecretary onof GovernmentState Organization] Intr SB 593 2025R3346 A BILL to amendelectronically thepublish Codecast ofvote Westrecords Virginia,and 1931,images as amended, by adding a new section, designated §3-4A-27a, relating to preservation of votingeach databallot fromcast electronicin votingan machines.election.

-— (1) Counties using the Express Vote system shall enable the ballot tabulator functionality that captures ballotsballot images.

(2) Ballot images and cast vote records shall provide no personally identifyingidentifiable information onof any voter.

(3) TheCounty election officials shall electronically provide the Secretary of State with the cast vote record shalland includean aimage dateof stamp,each whetherballot physicalcast, ororganized digitalin asseparate thefiles systemfor allows,each thatprecinct indicatesin the datejurisdiction at the votesclose wereof castcanvass inafter declaring the results of the election jurisdiction.and before the Board of Canvassers adjourns the canvass.

(4) CountyWithin election24 officialshours shall electronically provide the Secretary of Statereceiving with the electronic cast vote record and anballot imageimages offrom each ballotcounty, cast,the organizedSecretary inof separateState filesshall forpublish eachthe precinct,cast invote therecord jurisdictionand atballot theimages, closeon ofa canvassprecinct afterand declaringcounty thebasis, resultswhich ofshall thebe electionpublicly andavailable beforeon thea Boardwebsite ofmanaged Canvassersby adjourns the Canvass.Secretary of State:

(5)Provided, WithinThat 24for hoursany ofprecinct receivingwith thefewer electronicthan cast10 voteabsentee-by-mail record and ballotprovisional imagesor fromchallenged eachballots county,counted, the Secretary of State shall publishensure that the ballot images and cast vote recordrecords andfor ballotthat images,precinct onare published in a precinctmanner andthat countyensures basis,that whichno shallvoter’s ballot or candidate choices can be publiclyidentified availableor ondiscerned athrough websiteany managedprocess byincluding thedata Secretarycomparisons ofwith State.publicly available voter records.

(6)CS for SB 593 (5) As used in thethis section, the term "cast vote record" is defined as a summary report produced by voting system-specific software that provides each vote cast in every race marked by a voter participating in a jurisdiction with the Express Vote system.

NOTE:(6) The Secretary of State may promulgate legislative rules in accordance with §29A-3-1 et seq.

The purpose of this billcode is to requiremake effective the countyprovisions clerksof tothis collectsection and preserveensure allthe Intrconstitutional SBright 593of 2025R3346privacy votingin data.voting.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.