Chapter 3. Elections


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-

CHAPTER 3. ELECTIONS.

WVC -6-

ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.







WVC 3-6-1

§3-6-1. Provisions of article govern general elections;

applicability of other provisions of chapter;

applicability of article to primary and special

elections.

The provisions of this article shall govern the conduct and

administration of general elections. Other provisions of this

chapter, where applicable, shall be considered supplementary and

complementary to the provisions of this article regulating and

controlling general elections.

In all voting precincts in which voting machines have been

approved, procured, and are in use, the provisions of article four

of this chapter shall be applicable to the conduct and

administration of general elections.

Where applicable and not inconsistent with other positive

provisions of law, the provisions of this article shall govern the

conduct of and procedures in primary and special elections.







WVC 3 - 6 - 2

§3-6-2. Preparation and form of general election ballots.

     (a) All ballots prepared under the provisions of this section

are to contain:

     (1) The name and ticket of each party which is a political

party under the provisions of section eight, article one of this

chapter;

     (2) The name chosen as the party name by each group of

citizens which has secured nomination for two or more candidates by

petition under the provisions of section twenty-three, article five

of this chapter; and

     (3) The names of every candidate for any office to be voted

for at the election whose nomination in the primary election,

nomination by petition or nomination by appointment to fill a

vacancy on the ballot has been certified and filed according to law

and no others.

     (b) The provisions of paragraphs (C) and (D), subdivision (2),

section thirteen, article five of this chapter; subdivision (3) of

said section; paragraphs (A) and (B), subdivision (4) of said

section; and subdivisions (6), (7), (8) and (9) of said section

pertaining to the preparation and form of primary election ballots

shall likewise apply to general election ballots.

     (c) (1) For all ballot systems, the ballot heading is to be in

display type and contain the words "Official Ballot, General

Election" and the name of the county and the month, day and year of

the election.

     (2) After the heading, each ballot is to contain, laid out in

parallel columns, rows or pages as required by the particular

voting system, the party emblem and the name of each party as

prescribed in subsection (a) of this section.

     (3) The party whose candidate for president received the

highest number of votes at the last preceding presidential election

is to be placed in the left, or first column, row or page, as is

appropriate to the voting system. The party which received the

second highest vote is to be next and so on. Any groups or third

parties which did not have a candidate for president on the ballot

in the previous presidential election are to be placed in the

sequence in which the final certificates of nomination by petition

were filed.

     (4) For all ballots, any columns, rows or sections in which

the ticket of one party appears are to be clearly separated from

the other columns, rows or sections by a heavy line or other clear

division. For each party, the offices are to be arranged in the

order prescribed in section thirteen-a, article five of this

chapter under the appropriate tickets, which are to be headed

"National Ticket", "State Ticket" and "County Ticket". The number

of pages, columns or rows, where applicable, may be modified to

meet the limitations of ballot size and composition requirements,

subject to approval by the Secretary of State.

     (d) The arrangement of names within each office for all ballot

systems is to be as follows:

     (1) In elections for presidential electors, the names of the

candidates for president and vice president of each party are to be

placed beside a brace with a single voting position, so that a vote

for any presidential candidate is a vote for the electors of the

party for which the candidates were named.

     (2) The order of names of candidates for any office or

division for which more than one is to be elected is determined as

prescribed in section thirteen-a, article five of this chapter:

Provided, That the drawing by lot is to be conducted on the

seventieth day next preceding the date of the general election,

beginning at 9:00 a.m.

     (3) In any office where more than one person is to be elected,

the names of the candidates for the office are to be staggered so

that no two candidates for that office appear directly opposite any

other candidate, as shown in the example below: Provided, That if

the voting system cannot accurately tabulate any ballot due to this

requirement, the ballot may be adjusted so that it is accurately

tabulated. However, each candidate shall be separated by a thin

line to distinguish between each candidate.

_________________________________________________________________

_______________

For House of DelegatesFor House of Delegates

First Delegate DistrictFirst Delegate District

(Vote For Not More Than Two)(Vote For Not More Than Two)

SUSAN B. ANTHONY

City (County)

                                                  JOHN ADAMS

                                                  City (County)

ABRAHAM LINCOLN

City (County)



                                                  JAMES MONROE

                                                  City (County)

_________________________________________________________________

____________



  (4) Each voting system is to provide a means for voters to

vote for any person whose name does not appear on the ticket by

writing it with pen or pencil or by using stamps, stickers, tapes,

labels or other means of writing in the name of a candidate which

does not interfere with the tabulation of the ballot.

  (A) In paper ballot systems which allow for write-ins to be

made directly on the ballot, a blank square and a blank line equal

to the space which would be occupied by the name of the candidate

is to be placed under the proper office for each vacancy in

nomination and for an office for which more than one is to be

elected, any vacancy is to appear after any other candidates for

the office. If no write-in lines are included on the ballot,

specific instructions are to be added to the top of the ballot

notifying the voter that a write-in vote may be cast by writing the name and office on any location on the front of the ballot.

  (B) In machine and electronically tabulated ballot systems in

which write-in votes must be made in a place other than on the

ballot, if there is a vacancy in nomination leaving fewer

candidates in any party than can be elected to that office, the

words "No Candidate Nominated" are to be printed in the space that

would be occupied by the name of the candidate and for an office

for which more than one is to be elected, any vacancy is to appear

after any other candidates for the office. Notwithstanding any

other provision of this code, if there are multiple vacant

positions on a ballot for one office, the multiple vacant positions

which would otherwise be filled with the words "No Candidate Filed"

may be replaced with a brief detailed description, approved by the

Secretary of State, indicating that there are no candidates listed

for the vacant positions.

  (5) In a general election in any county in which unexpired

terms of the board of education are to be filled by election, a

separate section or page of the ballot is to be set off by means

clearly separating the nonpartisan ballot from the ballot for the

political party candidates and is to be headed "Nonpartisan Board

of Education".

  (e) Any constitutional amendment is to be placed following all

offices, followed by any other issue upon which the voters are to

cast a vote. The heading for each amendment or issue is to be

printed in large, bold type according to the requirements of the resolution authorizing the election.

  (f) The board of ballot commissioners may not place any issue

on the ballot for election which is not specifically authorized

under the West Virginia Constitution or statutes or which has not

been properly ordered by the appropriate governmental body charged

with calling the election.

  (g) A ballot may not offer a voter the option of voting a

straight party ticket by one mark or punch.







WVC 3 - 6 - 3

§3-6-3. Publication of sample ballots and lists of candidates.

     (a) The ballot commissioners of each county shall prepare a

sample official general election ballot for all political party or

nominees with no party affiliation unless those persons have

actually been nominated by an independent party, nonpartisan

candidates for election, if any, and all ballot issues to be voted

for at the general election, according to the provisions of article

four-a of this chapter, and for any ballot issue, according to the

provisions of law authorizing the election.

     (b) The facsimile sample general election ballot shall be

published as follows:

     (1) For counties in which two or more qualified newspapers

publish a daily newspaper, not more than twenty-six nor less than

twenty days preceding the general election, the ballot

commissioners shall publish the sample official general election

ballot as a Class I-0 legal advertisement in the two qualified

daily newspapers of different political parties within the county

having the largest circulation in compliance with the provisions of

article three, chapter fifty-nine of this code;

     (2) For counties having no more than one daily newspaper, or

having only one or more qualified newspapers which publish weekly,

not more than twenty-six nor less than twenty days preceding the

primary election, the ballot commissioners shall publish the sample

official general election ballot as a Class I legal advertisement

in the qualified newspaper within the county having the largest circulation in compliance with the provisions of article three,

chapter fifty-nine of this code; and

     (3) Each facsimile sample ballot shall be a photographic

reproduction of the official sample ballot or ballot pages and

shall be printed in a size no less than sixty-five percent of the

actual size of the ballot, at the discretion of the ballot

commissioners: Provided, That when the ballots for the precincts

within the county contain different senatorial, delegate,

magisterial or executive committee districts or when the ballots

for precincts within a city contain different municipal wards, the

facsimile shall be altered to include each of the various districts

in the appropriate order. If, in order to accommodate the size of

each ballot, the ballot or ballot pages must be divided onto more

than one page, the arrangement and order shall be made to conform

as nearly as possible to the arrangement of the ballot. The

publisher of the newspaper shall submit a proof of the ballot and

the arrangement to the ballot commissioners for approval prior to

publication.

     (c) The ballot commissioners of each county shall prepare, in

the form and manner prescribed by the Secretary of State, an

official list of offices and nominees for each office which will

appear on the general election ballot for each political party or

as nominees with no party affiliation unless those persons have

actually been nominated by an independent party and, as the case

may be, for the nonpartisan candidates to be voted for at the general election:

     (1) All information which appears on the ballot, including

instructions as to the number of candidates for whom votes may be

cast for the office, any additional language which will appear on

the ballot below the name of the office, any identifying

information relating to the candidates, such as his or her

residence and magisterial district or presidential preference.

Following the names of all candidates, the list shall include the

full title, text and voting positions of any issue to appear on the

ballot.

     (2) The order of the offices and candidates for each office

and the manner of designating the parties shall be as follows:

     (A) The offices shall be listed in the same order in which

they appear on the ballot;

     (B) The candidates within each office for which one is to be

elected shall be listed in the order they appear on the ballot,

from left to right or from top to bottom, as the case may be, and

the candidate's political party affiliation or independent status

shall be indicated by the one- or two-letter initial specifying the

affiliation, placed in parenthesis to the right of the candidate's

name; and

     (C) The candidates within each office for which more than one

is to be elected shall be arranged by political party groups in the

order they appear on the ballot and the candidate's affiliation

shall be indicated as provided in paragraph (B) of this subdivision.

     (d) The official list of candidates and issues as provided in

subsection (c) of this section shall be published as follows:

     (1) For counties in which two or more qualified newspapers

publish a daily newspaper, on the last day on which a newspaper is

published immediately preceding the general election, the ballot

commissioners shall publish the official list of nominees and

issues as a Class I-0 legal advertisement in the two qualified

daily newspapers of different political parties within the county

having the largest circulation in compliance with the provisions of

article three, chapter fifty-nine of this code;

     (2) For counties having no more than one daily paper, or

having only one or more qualified newspapers which publish weekly,

on the last day on which a newspaper is published immediately

preceding the general election, the ballot commissioners shall

publish the sample official list of nominees and issues as a Class

I legal advertisement in the qualified newspaper within the county

having the largest circulation in compliance with the provisions of

article three, chapter fifty-nine of this code;

     (3) The publication of the official list of nominees for each

party and for nonpartisan candidates shall be in single or double

columns, as required to accommodate the type size requirements as

follows:

     (A) The words "official list of nominees and issues", the name

of the county, the words "General Election" and the date of the election shall be printed in all capital letters and in bold type

no smaller than fourteen point; and

     (B) The names of the candidates and the initial within

parenthesis designating the candidate's affiliation shall be

printed in all capital letters in bold type no smaller than ten

point and the residence information shall be printed in type no

smaller than ten point; and

     (4) When any ballot issue is to appear on the ballot, the

title of that ballot shall be printed in all capital letters in

bold type no smaller than twelve point. The text of the ballot

issue shall appear in no smaller than eight point type. The ballot

commissioners may require the publication of the ballot issue under

this subsection in the facsimile sample ballot format in lieu of

the alternate format.

     (e) Notwithstanding the provisions of subsections (c) and (d)

of this section, the ballot commissioners of any county may choose

to publish a facsimile sample general election ballot, instead of

the official list of candidates and issues, for purposes of the

last publication required before any general election.







WVC 3 - 6 - 4

§3-6-4. Late nominations; stickers.

If a nomination to fill a vacancy is made by a political party

executive committee or, on its failure to so act within the time

prescribed by law, is made by the chairman of the committee, and

certified to the clerk of the county commission after the ballots

to be used at the ensuing election shall have been printed, the

clerk shall forthwith lay such certificates before the ballot

commissioners who, without delay, shall prepare, or cause to be

prepared, and deliver, or cause to be delivered, to the election

commissioners of each precinct in which the candidate is to be

voted for, a number of stickers, containing only the name of the

candidate, at least equal to the total number of ballots provided

for the precinct; but no such stickers shall be furnished to or

received by any person except a commissioner of election. It is

the duty of the commissioners holding the election to deliver such

stickers to the poll clerks, who shall, in the presence of the

election commissioners, affix one of the stickers in a careful

manner at the proper place for the name of the candidate, upon each

ballot to be voted at the election, before the poll clerks sign

their names on the ballots. The stickers may be delivered to the

election officers, by the clerk of the county commission, with the

ballots, poll books and other supplies.







WVC 3 - 6 - 4 A

§3-6-4a. Filing requirements for write-in candidates.

     Any eligible person who seeks to be elected by write-in votes

to an office, except delegate to national convention, which is to

be filled in a primary, general or special election held under the

provisions of this chapter, shall file a write-in candidate's

certificate of announcement as provided in this section. No

certificate of announcement may be accepted and no person may be

certified as a write-in candidate for a political party nomination

for any office or for election as delegate to national convention.

     (a) The write-in candidate's certificate of announcement shall

be in a form prescribed by the Secretary of State on which the

candidate shall make a sworn statement before a notary public or

other officer authorized to give oaths containing the following

information:

     (1) The name of the office sought and the district and

division, if any;

     (2) The legal name of the candidate and the first and last

name by which the candidate may be identified in seeking the

office;

     (3) The specific address designating the location at which the

candidate resides at the time of filing, including number and

street or rural route and box number and city, state and zip code;

     (4) A statement that the person filing the certificate of

announcement is a candidate for the office in good faith; and

     (5) The words "subscribed and sworn to before me this ______

day of _____________, ____" and a space for the signature of the

officer giving the oath.

     (b) The certificate of announcement shall be filed with the

filing officer for the political division of the office as

prescribed in section seven, article five of this chapter.

     (c) The certificate of announcement shall be filed with and

received by the proper filing officer as follows:

     (1) Except as provided in subdivision (2) of this subsection,

the certificate of announcement for any office shall be received no

later than the close of business on the forty-ninth day before the

election at which the office is to be filled;

     (2) When a vacancy occurs in the nomination of candidates for

an office on the ballot resulting from the death of the nominee or

from the disqualification or removal of a nominee from the ballot

by a court of competent jurisdiction not earlier than the forty-

eighth day nor later than the fifth day before the general

election, the certificate shall be received no later than the close

of business on the fifth day before the election or the close of

business on the day following the occurrence of the vacancy,

whichever is later.

     (d) Any eligible person who files a completed write-in

candidate's certificate of announcement with the proper filing

officer within the required time shall be certified by that filing

officer as an official write-in candidate:

     (1) The Secretary of State shall, immediately following the

filing deadline, post the names of all official write-in candidates

for offices on the ballot in more than one county and certify the

name of each official write-in candidate to the clerks of the

county commissions of the appropriate counties.

     (2) The clerk of the county commission shall, immediately

following the filing deadline, post the names of all official

write-in candidates for offices on the ballot in one county and

certify and deliver to the election officials of the appropriate

precincts, the names of all official write-in candidates and the

office sought by each for statewide, district and county offices on

the ballot in the precinct for which valid write-in votes will be

counted and the names shall be posted at the office where absentee

voting is conducted and at the precincts in accordance with section

twenty, article one of this chapter.







WVC 3 - 6 - 5

§3-6-5. Rules and procedures in election other than primaries.

     The provisions of article one of this chapter relating to

elections generally shall govern and control arrangements and

election officials for the conduct of elections under this article.

The following rules and procedures shall govern the voting for

candidates in general and special elections:

     (a) If the voter desires to vote for an official write-in

candidate, the voter shall: write with ink or other means or affix

a sticker or label or place an ink-stamped impression of the name

of an official write-in candidate for an office for whom he or she

desires to vote in the space designated for write-in votes for the

particular voting system or for paper ballot systems, write or

place the name and office designation in any position on the face

of the ballot which makes the intention of the voter clear as to

both the office and the candidate chosen.

     The Secretary of State may proscribe devices for casting

write-in votes which would cause mechanical difficulty with voting

machines or electronic devices or which would obliterate or deface

a paper ballot or any portion thereof, but the Secretary of State

shall preserve the right to vote by a write-in vote for those

candidates who have filed and have been certified as official

write-in candidates under the provisions of section four-a of this

article.

     (b) If the voter marks more names than there are persons to be

elected to an office or if, for any reason, it is impossible to determine the voter's choice for an office to be filled, the ballot

shall not be counted for the office. The intention of the voter

shall be deemed to be clear if the write-in vote cast for an office

contains both the first and last name of an official write-in

candidate for that office; and if no two official write-in

candidates for that office share a first or last name, either the

first name or last name alone shall be deemed to express the clear

intention of the voter.

     (c) Except as otherwise specifically provided in this chapter,

no ballot shall be rejected for any technical error which does not

make it impossible to determine the voter's choice.







WVC 3 - 6 - 6

§3-6-6. Ballot counting procedures in paper ballot systems.

     When the polls are closed in an election precinct where only

a single election board has served, the receiving board shall

perform all of the duties prescribed in this section. When the

polls are closed in an election precinct where two election boards

have served, both the receiving and counting boards shall together

conclude the counting of the votes cast, the tabulating and

summarizing of the number of the votes cast, unite in certifying

and attesting to the returns of the election and join in making out

the certificates of the result of the election provided for in this

article. They may not adjourn until the work is completed.

     In all election precincts, as soon as the polls are closed and

the last voter has voted, the receiving board shall proceed to

ascertain the result of the election in the following manner:

     (a) In counties in which the clerk of the county commission

has determined that the absentee ballots should be counted at the

precincts in which the absent voters are registered, the receiving

board must first process the absentee ballots and deposit the

ballots to be counted in the ballot box. The receiving board shall

then proceed as provided in subsections (b) and (c) of this

section. In counties in which the absentee ballots are counted at

the central counting center, the receiving board shall proceed as

provided in subsections (b) and (c) of this section.

     (b) The receiving board shall ascertain from the pollbooks and

record on the proper form the total number of voters who have voted. The number of ballots challenged shall be counted and

subtracted from the total and the result should equal the number of

ballots deposited in the ballot box. The commissioners and clerks

shall also report, over their signatures, the number of ballots

spoiled and the number of ballots not voted.

     (c) The procedure for counting ballots, whether performed

throughout the day by the counting board as provided in section

thirty-three, article one of this chapter or after the close of the

polls by the receiving board or by the two boards together, shall

be as follows:

     (1) The ballot box shall be opened and all votes shall be

tallied in the presence of the entire election board;

     (2) One of the commissioners shall take one ballot from the

box at a time and shall determine if the ballot is properly signed

by the two poll clerks of the receiving board. If not properly

signed, the ballot shall be placed in an envelope for the purpose,

without unfolding it. Any ballot which does not contain the proper

signatures shall be challenged. If an accurate accounting is made

for all ballots in the precinct in which the ballot was voted and

no other challenge exists against the voter, the ballot shall be

counted at the canvas. If properly signed, the commissioner shall

hand the ballot to a team of commissioners of opposite politics,

who shall together read the votes marked on the ballot for each

office. Write-in votes for election for any person other than an

official write-in candidate shall be disregarded.;

     (3) The commissioner responsible for removing the ballots from

the box shall keep a tally of the number of ballots as they are

removed and whenever the number shall equal the number of voters

entered on the pollbook minus the number of provisional ballots, as

determined according to subsection (a) of this section, any other

ballot found in the ballot box shall be placed in the same envelope

with unsigned ballots not counted, without unfolding the same or

allowing anyone to examine or know the contents thereof, and the

number of excess ballots shall be recorded on the envelope;

     (4) Each poll clerk shall keep an accurate tally of the votes

cast by marking in ink on tally sheets, which shall be provided for

the purpose, so as to show the number of votes received by each

candidate for each office and for and against each issue on the

ballot; and

     (5) When the reading of the votes is completed, the ballot

shall be immediately strung on a thread.







WVC 3 - 6 - 7

§3-6-7. Ballot irregularities; procedures.

If two or more ballots are found folded or rolled together and

the names voted for thereon be the same, one of them only shall be

counted; but if the names voted for thereon be different, in any

particular, neither of them shall be counted except as hereinbefore

provided; and in either case, the commissioners of election shall,

in writing in ink, place a common number on the ballots and state

thereon that they were folded or rolled together when voted. If

any ballot be found to contain more than the proper number of names

for any office, the ballot shall not be counted as to the office.

In any election for state senator, if a person is voted for on any

ballot who is not a resident of the proper county, as required by

section four, article VI of the constitution, the ballot shall not

be counted for the office. Any ballot or part of a ballot from

which it is impossible to determine the elector's choice of

candidates shall not be counted as to the candidates affected

thereby.







WVC 3 - 6 - 8

§3-6-8. Precinct returns; certificates; procedures.

As soon as the results are ascertained, the election officials

shall make out and sign, under oath as provided in section fifteen,

article five of this chapter, four certificates of result on a form

prescribed by the Secretary of State, giving the complete returns

of the election at the polling place, including the name of each

office and the full name of every candidate on the ballot and the

full name of every official write-in candidate for each office and

the number of votes, in words and numbers, received by each, and

the designation of each issue on the ballot and the number of

votes, in words and numbers, for and against the issue.

The certificates shall be sealed and disposed of as provided

in section fifteen, article five of this chapter for certificates

of result of a primary election.

Immediately after the completion of the tabulation and the

posting of the certificate of result of the general election in

each precinct, the ballots, registration books, poll books, tally

sheets and other election supplies shall be sealed and delivered to

the clerk of the county commission as provided in section sixteen,

article five of this chapter.







WVC 3 - 6 - 9

§3-6-9. Canvass of returns; declaration of results; recounts;

recordkeeping.

(a) The commissioners of the county commission shall be ex

officio a board of canvassers and, as such, shall keep in a

well-bound book, marked "election record", a complete record of all

their proceedings in ascertaining and declaring the results of

every election in their respective counties.

(1) They shall convene as the canvassing board at the

courthouse on the fifth day (Sundays excepted) after every election

held in their county, or in any district of the county, and the

officers in whose custody the ballots, pollbooks, registration

records, tally sheets and certificates have been placed shall lay

them before the board for examination.

(2) They may, if considered necessary, require the attendance

of any of the commissioners, poll clerks or other persons present

at the election to appear and testify respecting the election and

make other orders as shall seem proper to procure correct returns

and ascertain the true results of the election in their county; but

in this case all the questions to the witnesses and all the answers

to the questions and evidence shall be taken down in writing and

filed and preserved. All orders made shall be entered upon the

record.

(3) They may adjourn, from time to time, but no longer than

absolutely necessary.

(4) When a majority of the commissioners are not present, the meeting shall stand adjourned until the next day and so from day to

day, until a quorum is present.

(5) All meetings of the commissioners sitting as a board of

canvassers shall be open to the public.

(6) The board shall proceed to open each sealed package of

ballots laid before them and, without unfolding them, count the

number in each package and enter the number upon their record.

(7) The ballots shall then be again sealed carefully in a new

envelope and each member of the board shall write his or her name

across the place where the envelope is sealed.

(8) After canvassing the returns of the election, the board

shall publicly declare the results of the election.

(A) For a candidate on the ballot in entirely one county, the

board shall not enter an order certifying the election results for

a period of forty-eight hours after the declaration. At the end of

the 48-hour period, an order shall be entered certifying all

election results except for those offices in which a recount has

been demanded.

(B) For a candidate on the ballot in more than one county, the

board may not enter an order certifying the election results for a

period of forty-eight hours after the final county's board has

publicly declared the results of the election. In such case, each

relevant board shall notify the Secretary of State immediately

following each relevant board's public declaration of results. For

offices on the ballot in more than one county, the Secretary of State shall notify the board of each relevant county when the final

county has made a public declaration of the results of the

election. At the end of the 48-hour period in this section, an

order shall be entered by each relevant county certifying all

election results except for those offices in which a recount has

been demanded.

(b) Within the 48-hour period, a candidate on the ballot in

entirely one county may demand the board to open and examine any of

the sealed packages of ballots and recount them.

(c) If a candidate is on the ballot in more than one county,

then within the 48-hour period after the final county's board has

made a public declaration of the results, such candidate may demand

the board to open and examine any of the sealed packages of ballots

and recount them.

(d) After any recount pursuant to either subsection (b) or (c)

of this section the board shall seal the ballots again, along with

the envelope above named, and the clerk of the county commission

and each member of the board shall write his or her name across the

places where it is sealed and endorse in ink, on the outside:

"Ballots of the election held at precinct No.____, in the district

of _______________, and county of _______________, on the

____________ da1y of _____________."

(e) In computing the 48-hour period as used in this section,

Saturdays, Sundays and legal holidays shall be excluded. A

candidate on the ballot in more than one county shall not be precluded from demanding a recount in any county in which the

candidate is on the ballot until the final county in which the

candidate is on the ballot has certified the election results.

(f) If a recount has been demanded, the board shall have

forty-eight hours in which to send notice to all candidates who

filed for the office in which a recount has been demanded of the

date, time and place where the board will convene to commence the

recount. The notice shall be served under the provisions of

subsection (g) of this section. The recount shall be set for no

sooner than three days after the serving of the notice: Provided,

That after the notice is served, candidates so served shall have an

additional twenty-four hours in which to notify the board, in

writing, of their intention to preserve their right to demand a

recount of precincts not requested to be recounted by the candidate

originally requesting a recount of ballots cast: Provided,

however, That there shall be only one recount of each precinct,

regardless of the number of requests for a recount of any precinct.

A demand for the recount of ballots cast at any precinct may be

made during the recount proceedings only by the candidate

originally requesting the recount and those candidates who notify

the board, pursuant to this subdivision, of their intention to

preserve their right to demand a recount of additional precincts.

(g) Any sheriff of the county in which the recount is to occur

shall deliver a copy thereof in writing to the candidate in person;

or if the candidate is not found, by delivering the copy at the usual place of abode of the candidate and giving information of its

purport, to the spouse of the candidate or any other person found

there who is a member of his or her family and above the age of

sixteen years; or if neither the spouse of the candidate nor any

other person be found there and the candidate is not found, by

leaving the copy posted at the front door of the place of abode.

Any sheriff, thereto required, shall serve a notice within his or

her county and make return of the manner and time of service; for

a failure so to do, he or she shall forfeit $20. The return shall

be evidence of the manner and time of service.

(h) Every candidate who demands a recount shall be required to

furnish bond in a reasonable amount with good sufficient surety to

guarantee payment of the costs and the expenses of the recount in

the event the result of the election is not changed by the recount;

but the amount of the bond shall in no case exceed three hundred

dollars.

(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.

(j) If the result of the election is not changed by the

recount, the costs and expenses of the recount shall be paid by the

party at whose instance the recount was made.







WVC 3-6-10

§3-6-10. Certificates of election results.

Whenever an election is held in any county or district to fill

any national, state, county, or district office, the board of

canvassers of the county, or a majority of them, under the

regulations prescribed in the next preceding section, shall

carefully and impartially ascertain the result of the election in

their county and in each district thereof, and shall record the

same in the following form, or to the following effect: "The board

of canvassers of the county of ........., having carefully and

impartially examined the returns of the election held in said

county, in each district thereof, on the ......... day of

..........., do hereby certify that in said county for the office

of ................., A....... B....... received ....... votes,

C....... D....... received ....... votes, and E....... F.......

received ..... votes. And we further certify that at said election

held in the district of ......., in the said county, for the office

of ......., G....... H....... received ..... votes, and I.......

J....... received ..... votes." (And so on as to each particular

office.) In such certificates shall be set forth, according to the

truth, the full name of every person voted for, and, in words at

length, the number of votes received for any office. When the

certificates are all entered, the record shall be signed by the

board or majority of them. The board shall then sign separate

certificates of the result of the election within the county, for

each of the offices to be filled.







WVC 3-6-11

§3-6-11. Disposition of certificates.

The separate certificates of the board of canvassers, made

pursuant to section ten of this article, shall be disposed of by

the board of canvassers as follows: Of the certificates respecting

the election for delegate or delegates in the Legislature, they

shall, upon request of the candidate, transmit a copy to any

candidate, and shall file a copy in the office of the clerk of the

county commission to be preserved and made available to the general

public and to the media. The clerk shall transmit a copy to the

secretary of state within thirty days from the date of the

election, except that in the case of a recount, within thirty days

from the date of the completion of the recount, who shall submit

the same to the House of Delegates, on the first day of the next

ensuing session, together with a list of the persons appearing

thereby to be elected. Of the certificates respecting the election

of state senator, they shall, upon request of the candidate,

transmit a copy to any candidate, and shall file a copy in the

office of the clerk of the county commission to be preserved and

made available to the general public and to the media. The clerk

shall transmit a copy to the secretary of state within thirty days

from the date of the election, except that in the case of a

recount, within thirty days from the date of the completion of the

recount, to be submitted by the secretary of state to the Senate,

on the first day of the next ensuing session, together with a list

of persons appearing thereby to be elected. Of the certificates respecting the election of state officers, a copy for each officer,

except justice of the supreme court of appeals, shall be sealed and

transmitted by the commissioners to the secretary of state within

thirty days from the date of the election endorsed on the envelope

as follows: "Returns of the election for state officers." Except

in the case of a recount, the certificates shall be transmitted

within thirty days from the date of the completion of the recount.

The secretary of state shall deliver the certificates to the

speaker of the House of Delegates on the first day of the next

session of the Legislature; and the speaker shall, immediately

after the organization of the House of Delegates and before

proceeding to other business, open and publish the certificates in

the presence of a majority of each house of the Legislature, which

bodies shall, for that purpose, assemble in the hall of the House

of Delegates. The person having the highest number of votes for

any one of such offices shall be declared duly elected thereto; but

if two or more persons have the same and the highest number of

votes for the same office, the Legislature shall, by a joint vote

of the two houses, choose one of said persons for the office; and

one of each of the last-mentioned certificates shall also be

transmitted, under seal, to the governor, who shall immediately

tabulate the vote in all the counties, for each office, and cause

the results to be printed in a newspaper published at the seat of

government. Of the certificates respecting the election for United

States senator, member of the House of Representatives in the Congress of the United States, justice of the supreme court of

appeals, judge of a circuit court, and president and vice president

of the United States, respectively, the commissioners shall, upon

request of the candidate, transmit a copy to any candidate, and a

copy to the governor within thirty days from the date of the

election; except that in the case of a recount, within thirty days

from the date of the completion of the recount; and the governor

shall ascertain who are elected and make proclamation thereof. The

commissioners shall also file a copy of the certificates in the

office of the clerk of the county commission to be preserved and

made available to the general public and to the media. Of the

certificates respecting the election of all county and district

officers, the commissioners shall, upon request of the candidate,

transmit a copy to any candidate, and shall file a copy in the

office of the clerk of the county commission to be preserved and

made available to the general public and to the media.

No county may be charged for the publication of any

certificates of election.







WVC 3-6-12

§3-6-12. Tie vote procedures.

Whenever the governor or the board of canvassers of a county

is to declare the result of an election, and it appears to him or

them that two or more of the persons voted for have received the

highest and equal number of votes for the same office, so that the

election to the office is not decided by the returns, he, or they,

being required to declare the result, shall decide the tie by the

election of one of such persons, but in the event the board of

canvassers shall have failed to decide the tie within thirty days

after such tie shall have been found by them to exist, upon

application to the governor by any one of such persons so voted

for, he shall break the tie by the selection of one of such persons

and shall certify his choice to such board of canvassers and

declare such person duly elected for the office for which such

person was a candidate.







WVC 3-6-13

§3-6-13.

Repealed.

Acts, 1972 Reg. Sess., Ch. 52.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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