WEST VIRGINIA CODE











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WVC 1-3-3

§1-3-3. Submission of question of creation of new county to

voters; copies of surveys, census and declaration of

result of election.

If it appear, by such surveys and census, that there are

within the limits of the proposed new county at least four hundred

square miles of territory and at least six thousand population, and

that no county is thereby reduced below four hundred square miles

of territory or below six thousand population, and that no part of

any county having a population of not more than six thousand, or a

territory of not more than four hundred square miles, is included

within such proposed new county, the county court of each of the

counties from which such new county is proposed to be taken shall

order a vote of the qualified voters of such county within the

lines of such proposed new county to be taken on a day named for

the purpose, which shall be on the same day in each county and on

the fourth Tuesday after the day of the return of such reports and

census to the county court of the county where such reports and

census are returned last, at each place of voting within the lines

of such proposed new county, or, if there be no place of voting

therein, at such place or places therein as the court may direct,

of which time and place a notice shall be posted by the sheriff of

each of such counties at each place of voting therein as provided

by such order, at least fifteen days before such election. The

court shall, at the same time, appoint commissioners of election

for each of such places of voting, and all the laws relating to a

general election shall, as far as applicable, govern and control

the holding of such election at the several places of voting, the ascertaining of the result thereof at each of such places and the

returns thereof, and the declaring of the general result of such

election at all the places of voting in each of such counties. The

ballots used at such election shall have printed on them the words

"For new county," and "Against new county." And it shall be the

duty of the clerk of the county court of each of such counties to

deliver to any person who may demand the same, and pay or tender

his legal fees therefor, copies of such surveys, census and

declaration of the result of such election in his county, duly

certified by him to be true copies. The fees for such copies shall

be the same as are allowed by law for other copying done by such

clerk.





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

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