§3-5-20. Election contests and court review


Published: 2015

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WEST VIRGINIA CODE











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WVC 3-5-20

§3-5-20. Election contests and court review.

Any candidate for nomination for or election to an office to

be filled by the voters of the state or any political subdivision

thereof or any candidate for membership on any political party

executive committee, may contest the primary election before the

county court of the county in which any primary election

procedures, practices or results may be in issue. The procedure in

such case shall be the same as that governing the contest of a

general election by candidates for county offices or offices in

magisterial districts. The decision of the county court upon such

contest may be reviewed by the circuit court of the county and by

the supreme court of appeals of the state. Wherever practicable,

the circuit court, on review, may, by order entered of record,

consolidate and hear together any such primary election cases

arising in one or more counties of the circuit, and the supreme

court of appeals, on further review, may likewise consolidate and

hear together any such cases whenever considered practicable by the

court so to do.

Any action of a political party executive committee in the

discharge of any of the duties imposed upon such committee by this

article, or of any board of election officials in conducting and

ascertaining the result of the primary election, or of any board of

canvassers in canvassing and certifying the result of the primary

election for the county, may be reviewed by the circuit court of

the county, upon the petition of any candidate, political committeeman or delegate voted for at such primary and affected

adversely by the action of such committee, board of election

officials, or board of canvassers. From the judgment of the

circuit court in any such proceeding, an appeal shall lie to the

supreme court of appeals of the state.

Any such contest, or petition for review, of a candidate for

a nomination not finally determined within ten days next preceding

the date of the next election after the primary, or of a candidate

for delegate to any convention within ten days next preceding the

date fixed for holding the convention, shall stand dismissed, and

the person shown by the face of the returns of the primary election

to be nominated for any office shall be entitled to have his name

printed upon the regular ballot to be voted at the election, and

the person shown upon the face of the returns to have been elected

as a delegate to any convention shall be entitled to sit in such

convention as a delegate.





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

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