WEST VIRGINIA CODE
§3-5-6. Election of county board of education members at primary
(a) An election for the purpose of electing members of the
county board of education shall be held on the same date as the
primary elections, as provided by law, but upon a nonpartisan
ballot printed for the purpose.
(b) No more than two members may be elected or serve from the
same magisterial district. The eligibility of candidates to be
declared elected for full terms of four years and for unexpired
terms of two or more years based on this limitation shall be
determined at the time of certification of the election.
(1) Such eligibility shall be based on the magisterial
district residence of incumbent members of the board whose terms
will continue beyond the first day of July following the primary
(A) No person is eligible to be declared elected who resides
in a district which has two such incumbent members.
(B) No more than one candidate is eligible to be declared
elected who resides in a district which has one such incumbent
(C) A person with the highest number of votes may be declared
elected to an unexpired term notwithstanding the fact that the
person's magisterial district has two representatives serving on
the board at the time of the election: Provided, That the number
of representatives from that magisterial district will be less than two as of the first day of July following the primary.
(2) The person declared elected to an unexpired term shall
assume the duties of a member of the board of education according
to the provisions of section two, article five, chapter eighteen of
(c) In each nonpartisan election for board of education the
board of canvassers shall:
(1) Declare and certify the election of the required number of
eligible candidates receiving the highest numbers of votes to fill
any full terms;
(2) Declare and certify the election of the required number of
eligible candidates receiving the next highest numbers of votes,
after all full terms are filled, to fill any unexpired terms.
(d) It is the intent of this statute that any person declared
to be elected under the preceding provisions of this section shall
take office as a duly elected member or members, even though the
person may not have received a majority or plurality of all votes
cast at such election.
(e) In case of a tie vote for a seat on a county board of
education in any primary election, the provisions of section
twelve, article six of this chapter shall control in breaking the
Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.