§3-1-7. Precinct changes; procedure; precinct record

Published: 2015

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WVC 3 - 1 - 7

§3-1-7. Precinct changes; procedure; precinct record.

(a) Subject to the provisions and limitations of section five

of this article, the county commission of any county may change the

boundaries of any precinct within the county, or divide any

precinct into two or more precincts, or consolidate two or more

precincts into one, or change the location of any polling place

whenever the public convenience may require it.

(b) No order effecting the change, division or consolidation

shall be made by the county commission within ninety days prior to

an election nor without giving notice at least one month before the

change, division or consolidation by publication of the notice as

a Class II-0 legal advertisement in compliance with the provisions

of article three, chapter fifty-nine of this code. The publication

area is the county in which the precinct or precincts are located.

The county commission shall also, within fifteen days after the

date of the order, publish the order in the manner required for

publication of the notice.

(c) The county commission shall also, before the next

succeeding election, cause the voters in the several precincts

affected by the order to be duly registered in the proper precinct

or precincts and shall mail written notification to all registered

voters affected by the change.

(d) The county commission shall keep in a well-bound book,

marked "election precinct record", a complete record of all their

proceedings hereunder and of every order made creating a precinct or precincts or establishing a place of voting therein. The

"election precinct record" shall be kept by the county commission

clerk in his or her office and shall, at all reasonable hours, when

not actually in use by the county commission, be open to inspection

by any citizen of the county.

(e) When the county commission establishes a polling place at

a location other than the location used for holding the preceding

primary, general or special election in that precinct, the

commission shall cause a notice to be posted on election day on the

door of the previous polling place describing the location of the

newly established polling place and shall mail written notification

to all registered voters affected by the change.

(f) If for any reason the election cannot be held at the

designated polling place in a precinct and no provision has been

made by the county commission for holding the election at another

place, the commissioners of election for that precinct may hold the

election at the nearest place which they can secure for the

purpose. They shall make known by proclamation to voters present

at the time for opening the polls, and by posting a notice at or

near the entrance of the first named polling place, the location at

which the election will be held. The county commission shall

establish another place of voting for that precinct as soon

thereafter as practicable.

(g) Notwithstanding any provision herein to the contrary, in

the case of an emergency, the county commission may make the precinct change no later than sixty days prior to an election in

accordance with the requirements herein with the approval of the

secretary of state. A change, if made however, shall not cause any

voter to be moved to a different district.

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.