WEST VIRGINIA CODE
WVC 3 - 5 - 8 A
§3-5-8a. Nominating petitions as alternatives to filing fees; oath
of impecuniosity required; petition in lieu of payment
of filing fee.
A candidate seeking nomination to any office who is unable to
pay the filing fee may qualify through the following petition
process in lieu of payment of the filing fee.
The candidate shall file an oath with the appropriate office
required under section eight of this article stating that he or she
is unable to pay the filing fee due to a lack of financial
resources. Such oath shall be filed not earlier than the second
Monday in January next preceding the primary election day.
Upon receipt of the written oath the receiving officer shall
provide the candidate with in-lieu-of-filing-fee petition forms and
instructions on gathering the required signatures. The number of
required signatures shall be four qualified voters for each whole
dollar of the filing fee: Provided, That the filing fee shall be
waived, in whole and not in part. Only signatures of voters
registered in the county, district or other political division
represented by the office sought may be solicited. Solicitors of
signatures shall also be residents of the county, district or other
geographical entity represented by the office sought: Provided,
however, That for offices to be filled by the voters of more than
one county, separate petition forms shall be used for the
signatures of qualified voters from each county.
No qualified voter forfeits his or her opportunity to vote in the primary election by signing an in-lieu-of-filing-fee petition.
The candidate may submit a greater number of signatures to
allow for subsequent losses due to invalidity of some signatures.
The clerk of the county commission may not be required to determine
the validity of a greater number of signatures than that required
by this section.
Signatures obtained on an in-lieu-of-filing-fee petition shall
not be counted toward the number of voters required to sign a
nomination certificate in accordance with section twenty-three of
The candidate shall file all in-lieu-of-filing-fee petitions
with the required number of valid signatures with the clerk of the
county commission or Secretary of State, as the case may be, not
later than the last date required by law for filing declarations of
candidacies and payment of the filing fee.
The oath and forms required by this section shall be
prescribed by the Secretary of State.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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