West Virginia Code
Article 5. Primary Elections and Nominating Procedures
§3-5-6d. Election of Magistrates

(a) An election for the purpose of electing a magistrate or magistrates by division shall be held on the same date as the primary election in their respective circuits, as provided by law, upon a nonpartisan ballot by division printed for this purpose.
(b) In each nonpartisan election by division for a magistrate, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms.
(c) In case of a tie vote under this section, section twelve, article six of this chapter controls in breaking the tie vote.

Structure West Virginia Code

West Virginia Code

Chapter 3. Elections

Article 5. Primary Elections and Nominating Procedures

§3-5-1. Time and Place of Holding Primary Elections in the Year One Thousand Nine Hundred Eighty and Thereafter; Hours Polls Open

§3-5-1a. Time and Place of Holding Primary Elections Held in the Year One Thousand Nine Hundred Seventy-Eight; Hours Polls Open

§3-5-2. Delegates to National Conventions; Alternate Delegates

§3-5-3. Presidential Preference

§3-5-4. Nomination of Candidates in Primary Elections

§3-5-6. Election of County Board of Education Members at Primary Elections

§3-5-6a. Election of Justices of the Supreme Court of Appeals

§3-5-6b. Election of Circuit Judges

§3-5-6c. Election of Family Court Judges

§3-5-6d. Election of Magistrates

§3-5-6e. Election of Judges of the Intermediate Court of Appeals

§3-5-7. Filing Certificates of Announcements of Candidacies; Requirements; Withdrawal of Candidates When Section Applicable

§3-5-8. Filing Fees and Their Disposition

§3-5-8a. Nominating Petitions as Alternatives to Filing Fees; Oath of Impecuniosity Required; Petition in Lieu of Payment of Filing Fee

§3-5-9. Certification and Posting of Candidacies

§3-5-10. Publication of Sample Ballots and Lists of Candidates

§3-5-11. Withdrawals; Filling Vacancies in Candidacy; Publication

§3-5-12. Official and Sample Ballots; Color

§3-5-13. Form and Contents of Ballots

§3-5-13a. Order of Offices and Candidates on the Ballot; Uniform Drawing Date

§3-5-14. General Provisions Applicable to Primary Elections

§3-5-15. Ascertaining and Certifying Primary Election Results

§3-5-16. Return of Supplies and Certificates

§3-5-17. Canvassing and Certifying Returns; Recount Procedures

§3-5-18. Disposition of Certificates of Results

§3-5-19. Vacancies in Nominations; How Filled; Fees

§3-5-20. Election Contests and Court Review

§3-5-21. Party Conventions to Nominate Presidential Electors; Candidates; Organization; Duties

§3-5-22. Other Party and Group Nominations; Procedure

§3-5-23. Certificate Nominations; Requirements and Control; Penalties

§3-5-24. Filing of Nomination Certificates; Time; Location; Fees; Effect of Failure to Timely File or Pay Fee