§3-1-30. Nomination and appointment of election officials and alternates; notice of appointment; appointment to fill vacancies in election boards


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 1 - 30

§3-1-30. Nomination and appointment of election officials and

alternates; notice of appointment; appointment to

fill vacancies in election boards.

(a) For any primary, general or special election held

throughout a county, poll clerks and election commissioners may be

nominated as follows:

(1) The county executive committee for each of the two major

political parties may, by a majority vote of the committee at a

duly called meeting, nominate one qualified person for each team of

poll clerks and one qualified person for each team of election

commissioners to be appointed for the election;

(2) The appointing body shall select one qualified person as

the additional election commissioner for each board of election

officials;

(3) Each county executive committee shall also nominate

qualified persons as alternates for at least ten percent of the

poll clerks and election commissioners to be appointed in the

county and is authorized to nominate as many qualified persons as

alternates as there are precincts in the county to be called upon

to serve in the event any of the persons originally appointed fail

to accept appointment or fail to appear for the required training

or for the preparation or execution of their duties;

(4) When an executive committee nominates qualified persons as

poll clerks, election commissioners or alternates, the committee,

or its chairman or secretary on its behalf, shall file in writing with the appointing body, no later than the seventieth day before

the election, a list of those persons nominated and the positions

for which they are designated.

(b) For any municipal primary, general or special election,

the poll clerks and election commissioners may be nominated as

follows:

(1) In municipalities which have municipal executive

committees for the two major political parties in the municipality,

each committee may nominate election officials in the manner

provided for the nomination of election officials by county

executive committees in subsection (a) of this section;

(2) In municipalities which do not have executive committees,

the governing body shall provide by ordinance for a method of

nominating election officials or shall nominate as many eligible

persons as are required, giving due consideration to any

recommendations made by voters of the municipality or by candidates

on the ballot.

(c) The governing body responsible for appointing election

officials is:

(1) The county commission for any primary, general or special

election ordered by the county commission and any joint county and

municipal election;

(2) The board of education for any special election ordered by

the board of education conducted apart from any other election;

(3) The municipal governing body for any primary, general or special municipal election ordered by the governing body.

(d) The qualifications for persons nominated to serve as

election officials may be confirmed prior to appointment by the

clerk of the county commission for any election ordered by the

county commission or for any joint county and municipal election

and by the official recorder of the municipality for a municipal

election.

(e) The appropriate governing body shall appoint the election

officials for each designated election board no later than the

forty-ninth day before the election as follows:

(1) Those eligible persons whose nominations for poll clerk

and election commissioner were timely filed by the executive

committees and those additional persons selected to serve as an

election commissioner are to be appointed;

(2) The governing body shall fill any positions for which no

nominations were filed.

(f) At the same time as the appointment of election officials

or at a subsequent meeting the governing body shall appoint persons

as alternates. However, no alternate may be eligible for

compensation for election training unless the alternate is

subsequently appointed as an election official or is instructed to

attend and actually attends training as an alternate and is

available to serve on election day. Alternates shall be appointed

and serve as follows:

(1) Those alternates nominated by the executive committees shall be appointed;

(2) The governing body may appoint additional alternates who

may be called upon to fill vacancies after all alternates

designated by the executive committees have been assigned, have

declined to serve or have failed to attend training; and

(3) The governing body may determine the number of persons who

may be instructed to attend training as alternates.

(g) The clerk of the county commission shall appoint qualified

persons to fill all vacancies existing after all previously

appointed alternates have been assigned, have declined to serve or

have failed to attend training.

(h) Within seven days following appointment, the clerk of the

county commission shall notify, by first-class mail, all election

commissioners, poll clerks and alternates of the fact of their

appointment and include with the notice a response notice form for

the appointed person to return indicating whether or not he or she

agrees to serve in the specified capacity in the election.

(i) The position of any person notified of appointment who

fails to return the response notice or otherwise confirm to the

clerk of the county commission his or her agreement to serve within

fourteen days following the date of appointment is considered

vacant and the clerk shall proceed to fill the vacancies according

to the provisions of this section.

(j) If an appointed election official fails to appear at the

polling place by forty-five minutes past five o'clock a.m. on election day, the election officials present shall contact the

office of the clerk of the county commission for assistance in

filling the vacancy. The clerk shall proceed as follows:

(1) The clerk may attempt to contact the person originally

appointed, may assign an alternate nominated by the same political

party as the person absent if one is available or, if no alternate

is available, may appoint another eligible person;

(2) If the election officials present are unable to contact

the clerk within a reasonable time, they shall diligently attempt

to fill the position with an eligible person of the same political

party as the party that nominated the person absent until a

qualified person has agreed to serve;

(3) If two teams of election officials, as defined in section

twenty-nine of this article, are present at the polling place, the

person appointed to fill a vacancy in the position of the

additional commissioner may be of either political party.

(k) In a municipal election, the recorder or other official

designated by charter or ordinance to perform election

responsibilities shall perform the duties of the clerk of the

county commission as provided in this section.





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

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