§3-5-6. Election of county board of education members at primary elections


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-5-6

§3-5-6. Election of county board of education members at primary

elections.

(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

election.

(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

member.

(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

this code.

(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

tie.





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

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