(a) Subject to the provisions and limitations of section five of this article, the county commission of any county may change the boundaries of any precinct within the county, or divide any precinct into two or more precincts, or consolidate two or more precincts into one, or change the location of any polling place whenever the public convenience may require it.
(b) No order effecting the change, division or consolidation shall be made by the county commission within ninety days prior to an election nor without giving notice at least one month before the change, division or consolidation by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area is the county in which the precinct or precincts are located. The county commission shall also, within fifteen days after the date of the order, publish the order in the manner required for publication of the notice.
(c) The county commission shall also, before the next succeeding election, cause the voters in the several precincts affected by the order to be duly registered in the proper precinct or precincts and shall mail written notification to all registered voters affected by the change.
(d) The county commission shall keep in a well-bound book, marked "election precinct record", a complete record of all their proceedings hereunder and of every order made creating a precinct or precincts or establishing a place of voting therein. The "election precinct record" shall be kept by the county commission clerk in his or her office and shall, at all reasonable hours, when not actually in use by the county commission, be open to inspection by any citizen of the county.
(e) When the county commission establishes a polling place at a location other than the location used for holding the preceding primary, general or special election in that precinct, the commission shall cause a notice to be posted on election day on the door of the previous polling place describing the location of the newly established polling place and shall mail written notification to all registered voters affected by the change.
(f) If for any reason the election cannot be held at the designated polling place in a precinct and no provision has been made by the county commission for holding the election at another place, the commissioners of election for that precinct may hold the election at the nearest place which they can secure for the purpose. They shall make known by proclamation to voters present at the time for opening the polls, and by posting a notice at or near the entrance of the first named polling place, the location at which the election will be held. The county commission shall establish another place of voting for that precinct as soon thereafter as practicable.
(g) Notwithstanding any provision herein to the contrary, in the case of an emergency, the county commission may make the precinct change no later than sixty days prior to an election in accordance with the requirements herein with the approval of the Secretary of State. A change, if made however, shall not cause any voter to be moved to a different district.
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