West Virginia Code
Article 1. County Commissions Generally
§7-1-15. Challenge of Candidate for County Commission; Residency

(a) (1) Any person desiring to contest the qualifications of another person whose nomination in the primary election, nomination by petition, or nomination by appointment to fill a vacancy on the ballot, has been certified and filed pursuant to article five, chapter three of this Code, as a candidate for the office of county commission at a general election, shall file a verified petition specifically setting forth the grounds of the challenge not later than thirty days after the date of the primary election.
(2) The court may permit a petition to be filed after the thirtieth day after the primary election upon a finding that the petitioner was unable to discover the grounds for challenging the qualifications of the candidate prior to the thirtieth after the primary election despite the exercise of reasonable diligence.
(3) The petition shall be filed with the circuit court of the county in which the candidate is seeking office.
(b) The circuit court shall at the earliest possible date set the matter for hearing, but in no event shall the hearing be held later than thirty days after the filing of the petition.
(c) The matter shall be tried by the circuit judge, without a jury. After hearing the evidence, the circuit judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his or her name placed upon the ballot in question. The circuit judge shall issue a written decision on each challenge by separately stating findings of facts, conclusions of law within ten days of the conclusion of the hearing.
(d) The burden of proof shall be upon the petitioner, who must show by a preponderance of the evidence of the record as a whole that the candidate is not qualified to be a candidate for county commission.
(e) Within five days after judgment is rendered by the circuit court, the petitioner or the candidate, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of $300. The appeal shall be immediately docketed in the Supreme Court and shall be decided at the earliest possible date, as a preference case over all others.
(f) The procedure set forth above shall be the sole and only manner in which the qualifications of a candidate for county commission may be challenged prior to the time of his or her election. After any such person has been elected to public office, the election may be challenged as otherwise provided by law. After any person assumes an elective office, his or her qualifications to hold that office may be contested as otherwise provided by law.

Structure West Virginia Code

West Virginia Code

Chapter 7. County Commissions and Officers

Article 1. County Commissions Generally

§7-1-1. County Commissions Corporations; How Constituted; Election of President

§7-1-1a. Requirements for Reforming, Altering, or Modifying a County Commission; Alternative Forms of County Government

§7-1-1b. Legislative Findings; Qualifications for County Commissioners

§7-1-2. Sessions

§7-1-3. Jurisdiction, Powers and Duties

§7-1-3a. Construction of Waterworks; Sewers and Sewage Disposal Plants; Improvements of Streets, Alleys and Sidewalks; Assessment of Cost of Sanitary Sewers, Improved Streets and Maintenance of Roads Not in the State Road System

§7-1-3aa. Authority of County Commissions to Create and Fund a Hazardous Material Accident Response Program

§7-1-3b. Purchase, Installation and Maintenance of Radio Mobile Communication Equipment and Appliances for Use by County Sheriffs and Their Deputies

§7-1-3bb. Levy For, Establishment and Operation of Sheltered Workshops; Financial Aid

§7-1-3c. Purchase, Installation and Maintenance of Photo Copying Equipment, Microphotographic or Other Miniature Photographic Processes, Appliances and Supplies

§7-1-3cc. Authority of County Commissions to Establish Enhanced Emergency Telephone Systems, Technical and Operational Standards for Emergency Communications Centers and Standards for Education and Training of Emergency Communications Systems Personn...

§7-1-3d. Levy For, Establishment, and Operation of Fire Prevention Units; Financial Aid

§7-1-3dd. Authority to Establish County Wage and Benefits Review Board; Duties and Powers; Membership

§7-1-3e. Acquisition of Land For, and Operation Of, Public Refuse Dumps and Sanitary Landfills

§7-1-3ee. Providing for Payment of Service Fees at Banking Institutions

§7-1-3f. Establishment and Operation of Garbage and Refuse Collection and Disposal Services

§7-1-3ff. Authority of County Commission to Regulate Unsafe or Unsanitary Structures and Refuse on Private Land; Authority to Establish an Enforcement Agency; County Litter Control Officers; Procedure for Complaints; Lien and Sale of Land to Recover...

§7-1-3g. Acquisition, Operation, and Maintenance of Sewerage Systems and Sewage Plants

§7-1-3gg. Lease Agreements for Equipment or Materials With Option to Cancel or Renew

§7-1-3h. Authority and Procedure for Closing Unused Roads, Streets and Travel Ways; Notice and Hearing; Circuit Court Review

§7-1-3hh. Authority to Lease, Sell or Dispose of County Property to the State, Federal Government or an Instrumentality Thereof

§7-1-3i. County Commission May Cooperate With Other Governmental Units

§7-1-3ii. Authority to Require Posting of Commercial and Residential Addresses Within Municipal Boundaries

§7-1-3j. Authority to Establish County Coordinating Council; Powers and Duties of Council; Duties of County Clerk

§7-1-3jj. Authority of Counties to Enact Ordinances Restricting the Location of Businesses Offering Exotic Entertainment

§7-1-3k. Authority to Lease, Rent or Permit the Use of County Property

§7-1-3kk. Authority to Provide for the Elimination of Hazards to Public Health and Safety; Penalty

§7-1-3l. Authority to Establish County Appraisal-Assessment Board; Functions and Duties of Board; Duties of Assessor

§7-1-3ll. Clerk of the County Commission Duties Relating to Record Keeping of Military Discharge Forms

§7-1-3m. Authority to Employ, Fix Compensation for and Discharge Personnel

§7-1-3mm. Transfer of Development Rights in Growth Counties

§7-1-3n. Authority of Certain Counties as to Building and Housing Codes; State Building Code

§7-1-3nn. Election on Ordinance for Program for Transfer of Development Rights; Form of Ballots or Ballot Labels; Procedure

§7-1-3o. Authority to Construct and Maintain County Transportation, Parking, and Other Public Facilities; Delegation of Such Authority to Board or Commission; Financing

§7-1-3oo. Authority to Enter Into Energy-Savings Contracts

§7-1-3p. Authority to Require Permits for Mobile Homes or House Trailers; Penalty

§7-1-3pp. Additional Powers and Duties of Commission; Areas of Special or Unique Interest

§7-1-3q. County Commissions on Intergovernmental Relations Created and Established; Composition of Commission; Powers and Duties of Commission; Executive Secretary; Duties of Executive Secretary

§7-1-3qq. Authorizing County Commissions to Hold Motor Vehicle Racing Events on Public Roads, Municipal Streets or Airports

§7-1-3r. Purposes of Section; County Commissions on Crime, Delinquency and Correction Created and Established; Composition of Commission; Powers and Duties of Commission; Executive Secretary; Duties of Executive Secretary

§7-1-3rr. Accessible County Records; Required Information

§7-1-3s. Authority to Govern Traffic and Parking; Rules and Regulations; Penalties

§7-1-3ss. County Option Election on Forbidding Nonintoxicating Beer, Wine, or Alcoholic Liquors to Be Sold, Given, or Dispensed After 6:00 a.m. on Sundays

§7-1-3t. Authority to Make Grants From General Revenue Funds and Other Funds for Water and Sewer Systems

§7-1-3tt. Restriction on the Regulation of Trades, Occupations, and Professions

§7-1-3u. Authority of Counties and Municipalities to Treat Streams to Prevent Floods

§7-1-3v. Floodplain and Mudslide Area Management; Legislative Findings; Power and Authority; Enforcement; Provisions Cumulative

§7-1-3w. Authority to Establish County Beautification Councils; Organization; County Commissions Not Obligated for Debts of Councils; Powers and Duties; Expenditures of Funds by Councils; Authority of County Commissions to Appropriate Moneys

§7-1-3x. County Information Referral Service

§7-1-3y. Authority to Grant Funds to Nutrition Programs

§7-1-3z. Authority of Counties to Govern Business of Massage

§7-1-4. County Commission Authority to Enact Ordinance; Ordinance Provisions Defining Terms; Restricting Certain Activities in Relation to Obscene Matter; and Establishing Penalties for Violations

§7-1-5. Duties of County Commissioners; Payment for Services Other Than Services in Court

§7-1-5a. Excusal of Commissioner From Voting Where Conflict of Interest Involved

§7-1-6. Power to Punish for Contempts

§7-1-7. Record Books

§7-1-8. Continuance of Matters at End of Session

§7-1-9. Creation of Special Funds

§7-1-10. Special Account for Federal and State Grants-in-Aid Authorized

§7-1-11. Purchasing in Open Market or Competitive Bids; Debarment

§7-1-12. Authority for Establishing County Curfews; Jurisdiction for Violations

§7-1-13. Regulation of Amateur Radio Antennas

§7-1-14. Custody and Care of Animals Abandoned, Neglected or Cruelly Treated; Animals Causing Public Nuisance, Health Risk or Safety Hazard; Authority of County Commission

§7-1-15. Challenge of Candidate for County Commission; Residency

§7-1-16. Reporting of Fraud and Misappropriation of Funds