Chapter 3. Elections


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-

CHAPTER 3. ELECTIONS.

WVC 3 - 11 -

ARTICLE 11. AMENDMENTS TO THE STATE CONSTITUTION.







WVC 3 - 11 - 1

§3-11-1. Proposing amendments to state constitution; withdrawal of

proposed amendments.

Any amendment to the constitution of the state may be proposed

in either house of the Legislature by a joint resolution.

When an amendment as proposed is agreed to as provided by

section two, article fourteen of the constitution, the question of

ratification or rejection of such amendment shall be submitted to

the voters of the state.

The Legislature may, by concurrent resolution adopted by a

two-thirds vote of the members elected to each house, withdraw from

consideration the question of ratification or rejection by the

voters of such amendment in any session prior to the election at

which it is to be submitted to the voters.







WVC 3 - 11 - 2

§3-11-2. Title and summary of amendment; position on ballot;

designation of election for submission of amendment.

In any joint resolution proposing an amendment to the West

Virginia constitution, for ratification or rejection by the voters,

the Legislature shall for convenience of reference thereto, assign

a title to such proposed amendment and shall set forth a summary of

the purpose of such proposed amendment. If the Legislature shall

fail in any such resolution to include a title and summary, or

either, the secretary of state shall supply such omission or

omissions, and certify the same to the ballot commissioners of each

county. Whether set forth in such resolution or certified by the

secretary of state, it shall be the duty of the ballot

commissioners in each county to place upon the official ballot at

the election at which such proposed amendment is to be voted upon,

or upon the ballot label in counties where voting machines are

used, the title and summary of such proposed constitutional

amendment.

The Legislature may, in the joint resolution, give a proposed

amendment a number. If this is done, and if there is more than one

amendment submitted at the same election, the position of such

amendment on the ballot shall be in accordance with the number so

designated. When numbers are not so designated by the Legislature,

the secretary of state, in certifying the election ballot, shall

number the amendments consecutively in accordance with the dates of

their final submission by the Legislature.

The Legislature shall, in the joint resolution, designate the

election at which the proposed constitutional amendment shall be

submitted to the voters.







WVC 3 - 11 - 3

§3-11-3. Publication of proposed amendment by secretary of state.

The secretary of state shall cause each proposed amendment,

with its title and summary of purpose, to be published as a Class

I legal advertisement at least three months before such election in

some newspaper in every county in the state in which a newspaper is

printed. The cost of such publication, determined in accordance

with the provisions of section three, article three, chapter

fifty-nine of this code, shall be paid out of funds appropriated to

the office of secretary of state.







WVC 3 - 11 - 4

§3-11-4. Form of ballot; conduct of election.

For the purpose of enabling the voters of the state to vote on

the question of proposed amendments to the constitution at the

election at which they are to be submitted, the board of ballot

commissioners of each county shall place upon, and at the foot of,

the official ballot to be voted at that election, under the heading

"Ballot on Constitutional Amendments," as to each proposed

amendment, the following:

No. ....................................................

(title of amendment)

.............................................................

.............................................................

(summary of purpose)

[ ] For

[ ] Against

The election on each proposed amendment at each place of

voting shall be superintended, conducted and returned, and the

result thereof ascertained by the same officers and in the same

manner as the election of officers to be voted for at said

election, and all the provisions of the law relating to general

elections, including all duties to be performed by any officer or

board, as far as practicable, and not inconsistent with anything

herein contained, shall apply to an election held under the

provisions of this article. The ballots cast on the question of

any proposed amendment shall be counted as other ballots cast at said election.







WVC 3 - 11 - 5

§3-11-5. Certificates of election commissioners; canvass of vote;

certifying result.

As soon as the result is ascertained as to an amendment to the

constitution, the commissioners, or a majority of them, and the

canvassers (if there be any), or a majority of them, at each place

of voting, shall make out and sign two certificates thereof as to

each separate amendment, which certificates shall be in the

following form or to the following effect:

"We, the undersigned, who acted as commissioners (or

canvassers, as the case may be), of the election held at Precinct

No................., in the district of .................., in the

county of ............, on the ....... day of ................, one

thousand nine hundred ......................, upon the question of

ratification or rejection of the proposed constitutional amendment,

do hereby certify that the result of said election was as follows:

"Amendment No. .....................................

(title of amendment)

"For ratification ................ votes.

"Against ratification ............ votes.

"Given under our hands this ........ day of ................,

one thousand nine hundred ....................."

The said two certificates shall correspond with each other in

all respects and contain the full and true returns in said election

at each place of voting on said question. The said commissioners,

or any one of them (or said canvassers, or any one of them, as the case may be), shall, within four days, excluding Sunday, after that

on which said election was held, deliver one of said certificates

to the clerk of the county court of his county, together with the

ballots, and the other to the clerk of the circuit court of the

county.

The said certificates, together with the ballots cast on the

question of said proposed amendment, shall be laid before the

commissioners of the county court within such time as will enable

the commissioners of the county court to convene as a board of

canvassers on the fifth day (Sundays excepted) after such election

for the purpose of ascertaining the result of said election. As

soon as the result of said election in the county upon the question

of such ratification or rejection is ascertained, two certificates

of such result shall be made out and signed by said commissioners

as a board of canvassers, in the following form or to the following

effect:

"We, the board of canvassers of the county of ...............,

having carefully and impartially examined the returns of the

election held in said county, in each district thereof, on the

.......... day of ....................., one thousand nine hundred

.............., do certify that the result of the election in said

county, on the question of the ratification or rejection of the

proposed amendment is as follows:

"Amendment No.......................................

(title of amendment)

"For ratification ................ votes.

"Against ratification ............ votes.

"Given under our hands this .......... day of ..............,

one thousand nine hundred ...................."

Separate certificates shall be made as to each constitutional

amendment.

One of the certificates shall be filed in the office of the

clerk of the county court and the other forwarded by registered

mail to the secretary of state, who shall file and preserve the

same until the day on which the result of said election in the

state is to be ascertained, as provided in section six of this

article.







WVC 3 - 11 - 6

§3-11-6. Proclamation of result of election by secretary of state;

effective date of amendment ratified.

On the twenty-fifth day after the election is held, or as soon

thereafter as practicable, the secretary of state shall ascertain

from said certificates the result of the election in the state, and

declare the same by proclamation published as a Class I-0 legal

advertisement in two newspapers printed at the seat of government.

The cost of such publication, determined in accordance with the

provisions of section three, article three, chapter fifty-nine of

this code, shall be paid out of funds appropriated to the office of

secretary of state. If a majority of the votes cast at said

election upon said question be for ratification of an amendment,

the amendment so ratified shall be in force and effect from the

date of such ratification, as part of the constitution of the

state.





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

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