The commissioners of election shall preserve order at, and in the vicinity of, the polls, and keep the way to the polls open and free from obstruction, and may direct disorderly persons to be removed therefrom, and, if necessary and proper, to be taken and held in custody until sunrise of the next day, or for any shorter time, which may be done by any sheriff or constable or other person or persons designated by the commissioners of election. For such purpose no warrant or authority in writing shall be necessary. The jail of the county or other place designated by the commissioners of election may be used as the place of custody. But any person so arrested shall have an opportunity to vote, if he be entitled to do so, before he shall be committed to jail, if he so desires and shall be prepared to do so promptly.
Structure West Virginia Code
Article 1. General Provisions and Definitions
§3-1-2. Scope of Chapter; Definitions
§3-1-3. Persons Entitled to Vote
§3-1-6. Municipal Voting Precincts
§3-1-7. Precinct Changes; Procedure; Precinct Record
§3-1-9. Political Party Committees; How Composed; Organization
§3-1-10. Party Committees in Office
§3-1-11. Powers of State Executive Committee; Central or Subcommittees; Party Emblems
§3-1-12. Members of National Party Committee
§3-1-13. Other Party or Group Committees
§3-1-14. Presidential Electors; How Chosen; Duties; Vacancies; Compensation
§3-1-15. Election of United States Senators and Congressmen
§3-1-16. Election of State Officers
§3-1-17. Election of Circuit Judges; County and District Officers; Magistrates
§3-1-18. Election to Fill Other Offices
§3-1-19. Ballot Commissioners; Selection; Duties Generally; Vacancies
§3-1-20. Cards of Instructions to Voters; Sample Ballots; Posting
§3-1-23. County Commission to Arrange Polling Places and Equipment; Requirements
§3-1-24. Obtaining and Delivering Election Supplies
§3-1-25. Supplies by Special Messenger
§3-1-26. Election Supplies in Emergencies
§3-1-27. Municipal Precinct Registration Records
§3-1-28. Election Officials; Eligibility, Suspension of Eligibility
§3-1-30a. Oaths of Election Commissioners and Poll Clerks, Substitution of Persons
§3-1-32. Opening and Closing Polls; Procedure
§3-1-33. How Elections Conducted by Double Boards
§3-1-35. Ballots to Be Furnished Voters
§3-1-36. Report on and Disposition of Ballots Spoiled or Not Used
§3-1-37. Restrictions on Presence and Conduct at Polls
§3-1-38. Disorder at Polls; Procedure
§3-1-39. Illegal Voting; Affidavit; Procedure
§3-1-43. Disposition of Miscellaneous Election Papers
§3-1-44. Compensation of Election Officials; Expenses
§3-1-45. Court Proceedings to Compel Performance of Duties, etc.
§3-1-46. Training Program for Election Officials
§3-1-49. Voting System Standards
§3-1-50. Establishment of State-Based Administrative Complaint Procedures
§3-1-51. Identity Verification of Voters Executing Voter Identity Affidavit