WEST VIRGINIA CODE
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
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