In any instance where there is no statutory, charter or lawful ordinance provision authorizing, relating to or requiring a special municipal election, the governing body of a municipality shall, upon receipt of a proper petition, as hereinafter in this section specified, requesting a special municipal election for a proper governmental purpose, as specified in such petition, forthwith adopt a resolution or ordinance, where procedure by ordinance is required, calling and providing for a special municipal election for such purpose. Such petition must bear the signatures, written in their own handwriting, of not less than twenty percent of the qualified voters of such municipality. Such special municipal election shall be held, superintended and conducted, and the results thereof ascertained, certified, returned and canvassed in the same manner and by the same individuals as elections for municipal officers. In any instance where there is a statutory, charter or lawful ordinance provision authorizing, relating to or requiring a special municipal election upon petition or otherwise, the provisions of this section shall not be applicable and such statutory, charter or lawful ordinance provision shall govern and control in all respects, including without limiting the generality of the foregoing, the requisites of any petition for such special municipal election.
Structure West Virginia Code
Chapter 8. Municipal Corporations
§8-5-1. First Election of Officers of a City; Terms of First Officers
§8-5-2. First Election of Officers of a Town or Village; Commissioners of Election
§8-5-3. When First Election of Officers of a Town or Village Held; Notice
§8-5-5. Regular Election of Officers; Establishment of Longer Terms
§8-5-7. Certain Officers; Wards or Election Districts; Residency and Other Requirements
§8-5-10. Vacancies in Elective Offices; How Filled
§8-5-11. Municipal Officers and Employees Generally
§8-5-12. Compensation of Officers and Employees
§8-5-12a. Public Carriage for Officers and Employees
§8-5-13. Integration of Municipal Elections With System of Permanent Registration
§8-5-15a. Special Municipal Elections Not Otherwise Provided For
§8-5-17. Canvassing of Elections; Contested Elections
§8-5-18. Determination as to Sufficiency of a Petition Filed Under This Chapter
§8-5-20. Triennial Audits of Certain Associations and Organizations