(a) If at any time during the election any qualified voter shall appear at the polls for the purpose of stating that any person who has voted is an illegal voter in the precinct, that person shall be admitted to the election room and shall appear before a commissioner of election to make an affidavit explaining why he or she believes the accused to be an illegal voter.
(b) All affidavits alleging illegal voting shall be placed in a strong and durable envelope by the commissioners of election. The envelope shall be securely sealed and each of the commissioners shall endorse his or her name on the back of the envelope. At the close of the count the envelope shall be delivered to the clerk of the circuit court in accordance with section sixteen, article five of this chapter and section eight, article six of this chapter. The clerk of the circuit court shall carefully preserve the envelope containing the affidavits and deliver it, with the seal unbroken, to the prosecuting attorney in the county. The prosecuting attorney shall proceed as if it had been made before him or her.
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