WEST VIRGINIA CODE
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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.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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