This information was updated May 9, 2016 using the West Virginia Code (WV Code) current through the 2015 Regular Legislative Session and the West Virginia State Rules (WV State Rules).
West Virginia enacted its audit statute in 2005. It provides for all items on the ballot to be audited. The audit results are binding upon official results and may lead to a full recount of the voter-verified paper audit trail.
Five percent of precincts.
Whenever the vote total obtained from the manual count of the voter verified paper ballots for all votes cast in a randomly selected precinct: (1) Differs by more than one percent from the automated vote tabulation equipment; or (2) Results in a different prevailing candidate or outcome, either passage or defeat, of one or more ballot issues such precincts for any contest or ballot issue; then the discrepancies shall immediately be disclosed to the public and all of the voter-verified paper ballots shall be manually counted.