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


Published: 2015

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WEST VIRGINIA CODE











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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.





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

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