West Virginia Code
Chapter 3. Elections

§3-1-3a. Persons Entitled to Vote Under Federal Voting Rights Act Amendments of 1970; Authority of Secretary of State - (1) Any citizen of the United States who is a...

§3-1-4. Manner of Voting - In all elections the mode of voting shall be by...

§3-1-5. Voting Precincts and Places Established; Number of Voters in Precincts; Precinct Map; Municipal Map - (a) The precinct is the basic territorial election unit. The...

§3-1-6. Municipal Voting Precincts - The governing bodies of all municipalities shall, for the purpose...

§3-1-7. Precinct Changes; Procedure; Precinct Record - (a) Subject to the provisions and limitations of section five...

§3-1-8. Political Party Defined; Parties or Groups That May Participate in Municipal Primary Elections - Any affiliation of voters representing any principle or organization which,...

§3-1-9. Political Party Committees; How Composed; Organization - (a) Every fourth year at the primary election, the voters...

§3-1-10. Party Committees in Office - The members of all state, congressional, senatorial, and county executive...

§3-1-11. Powers of State Executive Committee; Central or Subcommittees; Party Emblems - The state executive committee of each party may make such...

§3-1-12. Members of National Party Committee - The members of the national party executive committee of any...

§3-1-13. Other Party or Group Committees - The members of any political party which, at the last...

§3-1-14. Presidential Electors; How Chosen; Duties; Vacancies; Compensation - Electors of president and vice president of the United States...

§3-1-15. Election of United States Senators and Congressmen - At the general election in the year nineteen hundred and...

§3-1-16. Election of State Officers - (a) At the general election to be held in 1968,...

§3-1-17. Election of Circuit Judges; County and District Officers; Magistrates - (a) There shall be elected, at the time of the...

§3-1-18. Election to Fill Other Offices - If the Legislature shall hereafter create any elective office, or...

§3-1-19. Ballot Commissioners; Selection; Duties Generally; Vacancies - (a) In each county in the state, the Board of...

§3-1-20. Cards of Instructions to Voters; Sample Ballots; Posting - (a) The board of ballot commissioners of each county shall...

§3-1-21. Printing of Official and Sample Ballots; Number; Packaging and Delivery; Correction of Ballots - (a) The board of ballot commissioners for each county shall...

§3-1-21a. Vendors Authorized to Print Ballots; Eligibility; Application and Certification; Denial, Suspension and Revocation of Authorization; Appeal - (a) The printing of ballots for any election to be...

§3-1-22. County Court Clerks to Provide Election Supplies; Requirements for Poll Books and Ballot Boxes - The clerk of the county court of each county shall...

§3-1-23. County Commission to Arrange Polling Places and Equipment; Requirements - The county commission in each county, before each election, shall...

§3-1-24. Obtaining and Delivering Election Supplies - (a) It shall be the duty of the clerk of...

§3-1-25. Supplies by Special Messenger - In case any commissioner of election or poll clerk fails...

§3-1-26. Election Supplies in Emergencies - If, by any accident or casualty, the ballots or ballot...

§3-1-27. Municipal Precinct Registration Records - At least one day prior to every municipal election, it...

§3-1-28. Election Officials; Eligibility, Suspension of Eligibility - (a) To be eligible to be appointed or serve as...

§3-1-29. Boards of Election Officials; Definitions, Composition of Boards, Determination of Number and Type - (a) For the purpose of this article: (1) The term...

§3-1-30. Nomination and Appointment of Election Officials and Alternates; Notice of Appointment; Appointment to Fill Vacancies in Election Boards - NOTE: West Virginia Code 3-1-30 was amended by two bills...

§3-1-30a. Oaths of Election Commissioners and Poll Clerks, Substitution of Persons - (a) Each commissioner of election and poll clerk, as defined...

§3-1-31. Days and Hours of Elections; Scheduling of Local Elections; Extension or Shortening of Terms of Certain Elected Local Officials - (a) General elections shall be held in the several election...

§3-1-32. Opening and Closing Polls; Procedure - At the time of opening the polls in all precincts...

§3-1-33. How Elections Conducted by Double Boards - In all precincts wherein two election boards shall have been...

§3-1-34. Voting Procedures Generally; Identification; Assistance to Voters; Voting Records; Penalties - (a) A person desiring to vote in an election shall,...

§3-1-35. Ballots to Be Furnished Voters - In general and special elections the ballots for all voters...

§3-1-36. Report on and Disposition of Ballots Spoiled or Not Used - Any voter who shall spoil, deface or mutilate the ballot...

§3-1-37. Restrictions on Presence and Conduct at Polls - (a) Except as otherwise provided in this section, no person,...

§3-1-38. Disorder at Polls; Procedure - The commissioners of election shall preserve order at, and in...

§3-1-39. Illegal Voting; Affidavit; Procedure - (a) If at any time during the election any qualified...

§3-1-41. Challenged and Provisional Voter Procedures; Counting of Provisional Voters' Ballots; Ballots of Election Officials - (a) It is the duty of the members of the...

§3-1-42. Time Off for Voting - Every person entitled to vote at any election who may...

§3-1-43. Disposition of Miscellaneous Election Papers - At the expiration of twenty-two months after any election, the...

§3-1-44. Compensation of Election Officials; Expenses - (a) Each ballot commissioner is to be paid a sum,...

§3-1-45. Court Proceedings to Compel Performance of Duties, etc. - Any officer or person upon whom any duty is imposed...

§3-1-46. Training Program for Election Officials - (a) The Secretary of State in conjunction with the state...

§3-1-48. Legislative Findings; State Election Fund; Loans to Counties; Availability of Funds; Repayment of Loans; Grants to Counties for Election Systems - (a) Legislative findings. — The Help America Vote Act of...

§3-1-49. Voting System Standards - (a) In accordance with 42 U. S. C. §1530, et...

§3-1-50. Establishment of State-Based Administrative Complaint Procedures - (a) The Secretary of State shall establish and maintain a...

§3-1-51. Identity Verification of Voters Executing Voter Identity Affidavit - (a) The clerk of the county commission shall cause a...

Article 1A. State Election Commission and Secretary of State

§3-1A-1. Election Commission Continued; Composition; Chairperson; per Diem; Traveling Expense - The "State Election Commission," heretofore created, is continued and is...

§3-1A-2. Qualifications of Members of Commission - No member of the commission appointed by the Governor shall...

§3-1A-3. Terms of Office of Commission Members; Filling Vacancies - The terms of office of the members of the commission...

§3-1A-4. Office and Meetings of Commission - (a) The office and place of meeting of the commission...

§3-1A-5. Powers and Duties of Commission; Legislative Rules - (a) The commission has the power and duty to approve...

§3-1A-6. Powers and Duties of Secretary of State; Exercise of Powers by Appointees - (a) The Secretary of State shall be the chief election...

§3-1A-7. Candidate's Financial Disclosure Statement - Candidates for election to any state, county or municipal office,...

§3-1A-8. Investigators for the Secretary of State - (a) An employee of the Secretary of State, who has...

§3-1A-9. Nonpublic Funding Sources for Election Administration and Related Expenses - (a) No county commission, clerk of a county commission, municipal...

Article 1B. Fair Campaign Practices

§3-1B-1. Legislative Findings, Purpose, Declaration and Intent - The Legislature hereby finds and declares that every candidate for...

§3-1B-2. Definitions - For purposes of this article: (a) "Campaign advertising or communication"...

§3-1B-3. Powers and Duties of the Commission - In addition to the powers and duties of the commission...

§3-1B-4. Hearing; Disposition; Sanctions - If a majority of the commission determines that there is...

§3-1B-5. Code of Fair Campaign Practices - At the time an individual files his or her precandidacy...

§3-1B-6. Forms - The Secretary of State in consultation with the election commission,...

§3-1B-7. Retention of Forms; Public Inspection - The officer receiving the filing shall accept, at all times...

§3-1B-8. Voluntary Subscription to the Code - Subscription to and adherence to the provisions of the code...

§3-1B-9. Release From Subscription to the Code - In the event that an opponent to a subscribing candidate...

§3-1B-10. Adjustment of Spending Limitations - The commission may from time to time increase the voluntary...

Article 1C. Accessible Voting Technology Act

§3-1C-1. Short Title - This article may be cited as "The Accessible Voting Technology...

§3-1C-2. Findings - The Legislature makes the following findings: (1) Microchip and digital...

§3-1C-3. Definitions - As used in this article, unless the context otherwise requires...

§3-1C-4. Requirements for Accessible Voting Technology and Systems - (a) If any county upgrades or replaces existing voting equipment...

Article 2. Registration of Voters

§3-2-1. Permanent Voter Registration Law; Uniform System of Voter Registration - (a) This article, providing a permanent and uniform system for...

§3-2-2. Eligibility to Register to Vote - (a) Any person who possesses the constitutional qualifications for voting...

§3-2-3. State Authority Relating to Voter Registration; Chief Election Official - (a) The Secretary of State, as chief election official of...

§3-2-4. Authority and Responsibility of the Clerk of the County Commission and of the County Commission Relating to Voter Registration - (a) Subject to the authority of the Secretary of State,...

§3-2-4a. Statewide Voter Registration Database - (a) The Secretary of State shall implement and maintain a...

§3-2-5. Forms for Application for Registration; Information Required and Requested; Types of Application Forms; Notices - (a) (1) All state forms for application for voter registration...

§3-2-6. Time of Registration Application Before an Election - (a) Voter registration before an election closes on the twenty-first...

§3-2-6a. Extended Time for Certain Persons to Register in Person - (a) Notwithstanding the provisions of section six of this article,...

§3-2-7. Hours and Days of Registration in the Office of the Clerk of the County Commission; In-Person Application for Voter Registration; Identification Required - (a) The clerk of the county commission shall provide voter...

§3-2-8. Registration Outreach Services by the Clerk of the County Commission; Challenge of Voter's Registration - (a) Registration outreach services, including application for registration, change of...

§3-2-9. Appointment of Temporary and Volunteer Registrars for Registration Outreach Services - (a) Temporary registrars and volunteer registrars may be appointed to...

§3-2-10. Application for Registration by Mail - (a) Any qualified person may apply to register, change, transfer...

§3-2-11. Registration in Conjunction With Driver Licensing - (a) The Division of Motor Vehicles or other division or...

§3-2-12. Combined Voter Registration and Driver Licensing Fund; Transfer of Funds - [Repealed].

§3-2-13. Agencies to Provide Voter Registration Services; Designation of Responsible Employees; Forms; Prohibitions; Confidentiality - (a) For the purposes of this article, "agency" means a...

§3-2-14. Registration Procedures at Agencies - (a) For the purpose of this section, "applicant" means a...

§3-2-15. Special Procedures Relating to Agency Registration at Marriage License Offices - When a qualified voter appears in person to apply for...

§3-2-16. Procedures Upon Receipt of Application for Registration by the Clerk of the County Commission; Verification Procedure and Notice of Disposition of Application for Registration - (a) Upon receipt of an application for voter registration, the...

§3-2-17. Denial of Registration Application; Notice; Appeal to Clerk of the County Commission, Decision; Appeal to County Commission, Hearing, Decision; Appeal to Circuit Court - (a) If the clerk of the county commission finds that...

§3-2-18. Registration Records; Active, Inactive, Canceled, Pending and Rejected Registration Files; Procedure; Voting Records - (a) For the purposes of this article: (1) "Original voter...

§3-2-19. Maintenance of Active and Inactive Registration Records for Municipal Elections - (a) For municipal elections, the registration records of active and...

§3-2-21. Maintenance of Records in the Statewide Voter Registration Database in Lieu of Precinct Record Books - (a) The clerk of the county commission of each county...

§3-2-22. Correction of Voter Records - (a) Any registered voter who moves from one residence to...

§3-2-23. Cancellation of Registration of Deceased or Ineligible Voters - The clerk of the county commission shall cancel the registration...

§3-2-23a. Cancellation of Registration of Deceased or Ineligible Voter - The Secretary may propose legislative rules regarding the maintenance of...

§3-2-25. Systematic Purging Program for Removal of Ineligible Voters From Active Voter Registration Files; Comparison of Data Records; Confirmation Notices; Public Inspection List - (a) The systematic purging program provided in this section shall...

§3-2-26. Confirmation Notices for Systematic Purging Program - (a) For purposes of this article, a "confirmation notice" means...

§3-2-27. Procedure Following Sending of Confirmation Notices; Correction or Cancellation of Registrations Upon Response; Designation of Inactive When No Response; Cancellation of Inactive Voters; Records - (a) Upon receipt of a confirmation response card mailed pursuant...

§3-2-28. Challenges; Notice; Cancellation of Registration - (a) The registration of any registered voter may be challenged...

§3-2-29. Custody of Original Registration Records - (a) All original registration records in paper format shall remain...

§3-2-30. Public Inspection of Voter Registration Records in the Office of the Clerk of the County Commission; Providing Voter Lists for Noncommercial Use; Prohibition Against Resale of Voter Lists for Commercial Use or Profit - Active, inactive, rejected and canceled voter files are to be...

§3-2-31. Rules Pertaining to Voting After Registration or Change of Address Within the County - (a) A voter who designates a political affiliation with a...

§3-2-32. Unlawful Registration or Rejection of Voter; Penalties - (a) Any registrar or clerk of the county commission who...

§3-2-33. Neglect of Duty by Registration Officers; Penalties - Any registrar or clerk of the county commission or his...

§3-2-34. Alteration or Destruction of Records; Penalties - (a) Any person who wrongfully and intentionally inserts or permits...

§3-2-35. Withholding Information; Penalties - Any person who neglects to or refuses to furnish to...

§3-2-36. Crimes and Offenses Relating to Applications for Registration or Change of Registration; Penalties - (a) A person who willfully provides false information concerning a...

§3-2-37. Effective Date - (a) Except as may otherwise be specifically provided in this...

Article 3. Voting by Absentees

§3-3-1. Persons Eligible to Vote Absentee Ballots - (a) All registered and other qualified voters of the county...

§3-3-1a. Definitions - For the purposes of this article, the following terms have...

§3-3-2. Authority to Conduct Absentee Voting; Absentee Voting Application; Form - (a) Absentee voting is to be supervised and conducted by...

§3-3-2a. Early Voting Areas; Prohibition Against Display of Campaign Material - (a) The county commission shall designate the courthouse or annex...

§3-3-2b. Special Absentee Voting List - (a) Any person who is registered and otherwise qualified to...

§3-3-3. Early Voting in Person - (a) The voting period for early in-person voting is to...

§3-3-3a. Voting Absent Voter's Ballot by Personal Appearance in Saturday Elections for Religious Reasons - (a) In addition to the persons declared eligible to vote...

§3-3-4. Assistance to Voter in Voting an Absentee Ballot by Personal Appearance; Penalties - (a) Any registered voter who requires assistance to vote by...

§3-3-5. Voting an Absentee Ballot by Mail or Electronically; Penalties - (a) Upon oral or written request, the official designated to...

§3-3-5a. Processing Federal Postcard Applications - When a federal postcard registration and absentee ballot request (FPCA),...

§3-3-5b. Procedures for Voting a Special Write-in Absentee Ballot by Qualified Persons - (a) Notwithstanding any other provisions of this chapter, a person...

§3-3-5c. Procedures for Voting an Emergency Absentee Ballot by Qualified Voters - (a) Notwithstanding any other provision of this chapter, a person...

§3-3-6. Assistance to Voter in Voting an Absentee Ballot by Mail - (a) No voter shall receive any assistance in voting an...

§3-3-7. Delivery of Absentee Ballots to Polling Places - (a) Except as otherwise provided in this article, in counties...

§3-3-8. Disposition and Counting of Absent Voters' Ballots - (a) In counties using paper ballots, all absentee ballots shall...

§3-3-9. Voting in Person After Having Received and After Having Voted an Absent Voter's Ballot - (a) Any person who has applied for and received an...

§3-3-10. Challenging of Absent Voters' Ballots - (a) The official designated to supervise and conduct absentee voting...

§3-3-11. Preparation, Number and Handling of Absent Voters' Ballots - (a) Absent voters' ballots are to be in all respects...

§3-3-12. Rules, Regulations, Orders, Instructions, Forms, Lists and Records Pertaining to Absentee Voting - (a) The Secretary of State shall make, amend and rescind...

§3-3-13. Absentee Voting in Municipal Elections - The provisions of this article relating to absentee voting shall...

Article 3A. Vote by Mail Pilot Program

§3-3A-1. Short Title - This article shall be known as the "West Virginia Vote...

§3-3A-2. Vote by Mail Pilot Program - This article establishes a two phase pilot project that will...

§3-3A-3. Secretary of State Rulemaking - (a) The Secretary of State is hereby directed to propose...

§3-3A-4. Authority to Conduct Voting by Mail - The voting by mail program is to be supervised and...

§3-3A-5. Termination of Pilot Project - The provisions of this article related to phase two of...

Article 3B. Uniformed Services and Overseas Voter Pilot Program

§3-3B-1. Short Title - This article shall be known as the "Uniformed Services and...

§3-3B-2. Uniformed Services Members and Overseas Voter Pilot Program - This article authorizes a pilot program that will allow counties...

§3-3B-3. Process for Selection by Secretary of State - (a) On or before the close of business on January...

§3-3B-4. Minimum Requirements for Pilot Program Voting Systems - Provisions of sections eight and nine, article four-a, chapter three...

Article 4A. Electronic Voting Systems

§3-4A-1. Use of Electronic Voting Systems Authorized - (a) Electronic voting systems may be used for the purpose...

§3-4A-2. Definitions - As used in this article, unless otherwise specified: (1) "Automatic...

§3-4A-3. Procedure for Adopting Electronic Voting Systems - An electronic voting system that has been approved in accordance...

§3-4A-4. Procedure for Terminating Use of Electronic Voting Systems - The use of an electronic voting system may be terminated:...

§3-4A-5. Duty of County Commission to Acquire Vote Recording Devices, Acquire Use of Automatic Tabulating Equipment, and Provide a Central Counting Center - If the use of an electronic voting system shall have...

§3-4A-6. Acquisition of Vote Recording Devices by Purchase or Lease; Acquisition of Use of Automatic Tabulating Equipment; Counting Centers - (a) A county commission may acquire vote recording devices by...

§3-4A-7. Bids and Contracts for Vote Recording Devices; False Swearing or Failure to Disclose Facts - Contracts for the purchase or lease of vote recording devices...

§3-4A-8. Approval of Electronic Voting System by State Election Commission; Expenses; Compensation of Persons Examining System - (a) Any person or corporation owning or interested in any...

§3-4A-9. Minimum Requirements of Electronic Voting Systems - An electronic voting system of particular make and design may...

§3-4A-9a. Authorization for Ballot-Marking Voting Systems; Minimum Requirements - (a) For purposes of this section, "ballot-marking accessible voting system"...

§3-4A-9b. Authorization for Precinct Ballot-Scanning Device; Minimum Requirements - (a) For purposes of this section, "precinct ballot-scanning device" means...

§3-4A-10. County Clerk to Be Custodian of Vote-Recording Devices, Tabulating Equipment and Electronic Poll Books; Duties - (a) When an electronic voting system is acquired by any...

§3-4A-10a. Proportional Distribution of Vote-Recording Devices - Where vote-recording devices are used, the county commission of each...

§3-4A-11a. Ballots Tabulated Electronically; Arrangement, Quantity to Be Printed, Ballot Stub Numbers - (a) The board of ballot commissioners in counties using ballots...

§3-4A-13. Inspection of Ballots, Electronic Poll Books and Vote-Recording Devices; Duties of County Commission, Ballot Commissioners and Election Commissioners; Records Relating to Ballots and Vote-Recording Devices; Receipt of Election Materials by... - (a) When the clerk of the county commission has completed...

§3-4A-14. Election Boards Where Electronic Voting Systems Used - One receiving board, as defined in article one of this...

§3-4A-15. Instructions and Help to Voters; Vote-Recording Device Models; Facsimile Diagrams; Sample Ballots; Legal Ballot Advertisements - (a) For the instruction of the voters on any election...

§3-4A-16. Delivery of Vote-Recording Devices and Electronic Poll Books; Time, Arrangement for Voting - The clerk of the county commission shall deliver or cause...

§3-4A-17. Check of Vote-Recording Devices and Electronic Poll Books Before Use; Corrections; Reserve Vote-Recording Devices - (a) Any reserve vote-recording device used is to be prepared...

§3-4A-18. Disrepair of Vote Recording Devices in Use; Reserve Vote Recording Devices - If, during the conduct of an election, a vote recording...

§3-4A-19. Conducting Electronic Voting System Elections Generally; Duties of Election Officers; Penalties - (a) The election officers shall constantly and diligently maintain a...

§3-4A-19a. Form of Ballots; Requiring the Signatures of Poll Clerks; Prohibiting the Counting of Votes Cast on Ballots Without Signatures - (a) Where applicable, every ballot utilized during the course of...

§3-4A-20. Non-Affiliated Voters in Primary Elections - Unless a voter, not affiliated with a party, is permitted...

§3-4A-22. Assistance to Illiterate and Disabled Voters - (a) Any duly registered voter who requires assistance to vote...

§3-4A-23. Persons Prohibited About Voting Booths; Penalties - Excepting election officials acting under authority of sections nineteen, twenty...

§3-4A-24. Voting by Challenged Voter - Except for electronic voting systems using screens on which votes...

§3-4A-24a. Voting by Challenged Voter Where Touch-Screen Electronic Voting Systems Are Used - If the right of any person to vote is challenged...

§3-4A-25. Closing Polls - As soon as the polls have been closed and the...

§3-4A-26. Test of Automatic Tabulating Equipment - (a) One week prior to the start of the count...

§3-4A-27. Proceedings at the Central Counting Center - (a) All proceedings at the central counting center are to...

§3-4A-28. Post-Election Custody and Inspection of Vote-Recording Devices and Electronic Poll Books; Canvass and Recounts - (a) The vote-recording devices, electronic poll books, tabulating programs and...

§3-4A-29. Incorrect Recordation or Tabulation of Votes; Testing Accuracy of Vote Recording Devices and Automatic Tabulating Equipment; Procedures and Requirements - (1) When during a canvass or a recount of votes...

§3-4A-30. Adjustments in Voting Precincts Where Electronic Voting System Used - (a) The provisions of section five, article one of this...

§3-4A-31. Use of Electronic Voting Systems in Municipal Elections - The county court of any county which has adopted the...

§3-4A-32. Applicability of General Laws Relating to Elections - Except as modified by this article, the general laws applying...

§3-4A-33. Tampering With Vote-Recording Devices, Electronic Poll Books, Ballot Labels, Ballot or Ballot Cards, Program Decks, Standard Validation Test Decks or Other Automatic Tabulating Equipment; Other Dishonest Practices; Attempts; Penalty - (a) Any person not an election officer or other public...

§3-4A-34. Wilful Neglect of Duty by Officials; Penalties - Any public officer or election officer upon whom any duty...

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 - Primary elections shall be held at the voting place in...

§3-5-1a. Time and Place of Holding Primary Elections Held in the Year One Thousand Nine Hundred Seventy-Eight; Hours Polls Open - The primary election held in the year 1978 shall be...

§3-5-2. Delegates to National Conventions; Alternate Delegates - (a) At the primary election to be held in the...

§3-5-3. Presidential Preference - In presidential election years, in addition to the candidates required...

§3-5-4. Nomination of Candidates in Primary Elections - (a) At each primary election, the candidate or candidates of...

§3-5-6. Election of County Board of Education Members at Primary Elections - (a) An election for the purpose of electing members of...

§3-5-6a. Election of Justices of the Supreme Court of Appeals - (a) An election for the purpose of electing a justice...

§3-5-6b. Election of Circuit Judges - (a) An election for the purpose of electing a circuit...

§3-5-6c. Election of Family Court Judges - (a) An election for the purpose of electing a family...

§3-5-6d. Election of Magistrates - (a) An election for the purpose of electing a magistrate...

§3-5-6e. Election of Judges of the Intermediate Court of Appeals - (a) An election for the purpose of electing a Judge...

§3-5-7. Filing Certificates of Announcements of Candidacies; Requirements; Withdrawal of Candidates When Section Applicable - (a) Any person who is eligible and seeks to hold...

§3-5-8. Filing Fees and Their Disposition - (a) Every person who becomes a candidate for nomination for...

§3-5-8a. Nominating Petitions as Alternatives to Filing Fees; Oath of Impecuniosity Required; Petition in Lieu of Payment of Filing Fee - A candidate seeking nomination to any office who is unable...

§3-5-9. Certification and Posting of Candidacies - By the eighty-fourth day next preceding the day fixed for...

§3-5-10. Publication of Sample Ballots and Lists of Candidates - (a) The ballot commissioners of each county shall prepare a...

§3-5-11. Withdrawals; Filling Vacancies in Candidacy; Publication - (a) A candidate who has filed a certificate of announcement...

§3-5-12. Official and Sample Ballots; Color - There shall be a separate ballot printed on different colored...

§3-5-13. Form and Contents of Ballots - The following provisions apply to the form and contents of...

§3-5-13a. Order of Offices and Candidates on the Ballot; Uniform Drawing Date - (a) The order of offices for state and county elections...

§3-5-14. General Provisions Applicable to Primary Elections - Provisions of article one of this chapter relating to ballot...

§3-5-15. Ascertaining and Certifying Primary Election Results - When the polls are closed in an election precinct where...

§3-5-16. Return of Supplies and Certificates - Immediately after completion of the count, tabulation and the posting...

§3-5-17. Canvassing and Certifying Returns; Recount Procedures - The commissioners of the county commission, sitting as a board...

§3-5-18. Disposition of Certificates of Results - (a) The certificates of the board of canvassers made pursuant...

§3-5-19. Vacancies in Nominations; How Filled; Fees - (a) If any vacancy occurs in the party nomination of...

§3-5-20. Election Contests and Court Review - Any candidate for nomination for or election to an office...

§3-5-21. Party Conventions to Nominate Presidential Electors; Candidates; Organization; Duties - Candidates for presidential electors shall be nominated by the delegated...

§3-5-22. Other Party and Group Nominations; Procedure - Any political party which polled less than ten percent of...

§3-5-23. Certificate Nominations; Requirements and Control; Penalties - (a) Groups of citizens having no party organization may nominate...

§3-5-24. Filing of Nomination Certificates; Time; Location; Fees; Effect of Failure to Timely File or Pay Fee - (a) All certificates nominating candidates for office under section twenty-three...

Article 6. Conduct and Administration of Elections

§3-6-1. Provisions of Article Govern General Elections; Applicability of Other Provisions of Chapter; Applicability of Article to Primary and Special Elections - The provisions of this article shall govern the conduct and...

§3-6-2. Preparation and Form of General Election Ballots - (a) All ballots prepared under the provisions of this section...

§3-6-3. Publication of Sample Ballots and Lists of Candidates - (a) The ballot commissioners of each county shall prepare a...

§3-6-4. Late Nominations; Stickers - If a nomination to fill a vacancy is made by...

§3-6-4a. Filing Requirements for Write-in Candidates - Any eligible person who seeks to be elected by write-in...

§3-6-5. Rules and Procedures in Election Other Than Primaries - The provisions of article one of this chapter relating to...

§3-6-6. Ballot Counting Procedures in Paper Ballot Systems - When the polls are closed in an election precinct where...

§3-6-7. Ballot Irregularities; Procedures - If two or more ballots are found folded or rolled...

§3-6-8. Precinct Returns; Certificates; Procedures - As soon as the results are ascertained, the election officials...

§3-6-9. Canvass of Returns; Declaration of Results; Recounts; Recordkeeping - (a) The commissioners of the county commission shall be ex...

§3-6-10. Certificates of Election Results - Whenever an election is held in any county or district...

§3-6-11. Disposition of Certificates - The separate certificates of the board of canvassers, made pursuant...

§3-6-12. Tie Vote Procedures - Whenever the Governor or the board of canvassers of a...

Article 7. Contested Elections

§3-7-1. Contests for State Offices and Judgeships; Procedure - If the election of Governor, Secretary of State, treasurer, Auditor,...

§3-7-2. Procedure of Legislature on Contest for Office of Governor - When the election of Governor is contested, the notice of...

§3-7-3. Contests Before Special Court; Procedure; Enforcement - Where the election of Secretary of State, Auditor, Treasurer, Attorney...

§3-7-4. Contests of Seats in Legislature; Notices and Procedure - Any person intending to contest the election of another as...

§3-7-5. Depositions; Subpoenas; Time; Tie Vote Decision - Either party may begin to take the depositions in such...

§3-7-6. County and District Contests; Notices; Time - In all cases of contested elections, the county commission shall...

§3-7-7. County Court to Hear County and District Contests; Procedure; Review - The county court shall hear and decide election contests initiated...

§3-7-8. Correction of Returns; Extent - Though illegal votes be received, or legal votes be rejected,...

§3-7-9. Costs in Election Contests - The cost of every contested election shall include only the...

Article 8. Regulation and Control of Elections

§3-8-1. Provisions to Regulate and Control Elections - (a) The Legislature finds that: (1) West Virginia’s population is...

§3-8-1a. Definitions - As used in this article, the following terms have the...

§3-8-2. Requirements for Reporting Independent Expenditures - (a) In addition to any other reporting required by the...

§3-8-2a. Detailed Accounts and Verified Financial Statements for Certain Inaugural Events; Limitations; Reporting Requirements - (a) For purposes of this section: (1) "Inaugural committee" includes...

§3-8-2b. Disclosure of Electioneering Communication - (a) Every person who has spent: (1) A total of...

§3-8-2c. Party Headquarters Committee; Detailed Accounts and Verified Financial Statements; Funding for Headquarters; Limitations; Reporting Requirements - (a) Notwithstanding the definitions contained in section one-a of this...

§3-8-3. Committee Treasurers; Required to Receive and Disburse Funds - Every political committee shall appoint and retain a treasurer to...

§3-8-4. Treasurers and Financial Agents; Written Designation Requirements - (a) No person may act as the treasurer of any...

§3-8-4a. Termination of Political Committees - (a) A political committee may terminate by filing a written...

§3-8-5. Detailed Accounts and Verified Financial Statements Required - (a) Record-keeping requirements. — (1) Except for candidates for party...

§3-8-5a. Information Required in Financial Statement - (a) Each financial statement required by the provisions of this...

§3-8-5b. Where Financial Statements and Reports Shall Be Filed; Filing Date Prescribed - (a) The financial statements provided for in this article shall...

§3-8-5c. Contribution Limitations - (a)(1) A person, political party, or political action committee may...

§3-8-5d. Offenses and Penalties - (a) Any person who makes or receives a contribution of...

§3-8-5e. Pre-Candidacy Financing and Expenditures - (a) Notwithstanding any other provisions of this code, it is...

§3-8-5f. Loans to Candidates, Organizations or Persons for Election Purposes - (a) No candidate, financial agent, person or association of persons...

§3-8-5g. Prohibition on Political Contributions and Expenditures by Foreign Nationals - (a) A foreign national may not, directly or indirectly, make:...

§3-8-6. Financial Statement Forms; Filing; Disposition - Blank forms for all financial statements required under this article...

§3-8-7. Failure to File Statement; Delinquent or Incomplete Filing; Criminal and Civil Penalties - (a) Any person, candidate, financial agent, or treasurer of a...

§3-8-8. Corporation Contributions Forbidden; Exceptions; Penalties; Promulgation of Rules; Additional Powers of State Election Commission - (a) An officer, agent, or person acting on behalf of...

§3-8-9. Lawful and Unlawful Election Expenses; Public Opinion Polls and Limiting Their Purposes; Limitation Upon Expenses; Use of Advertising Agencies and Reporting Requirements; Delegation of Expenditures - (a) No financial agent or treasurer of a political committee...

§3-8-9a. Coordinated Expenditures - (a) Except as provided in §3-8-9b of this code, a...

§3-8-9b. Coordinated Expenditures by Political Party Committees and Political Party Caucuses in Connection With Certain Statewide Candidates - (a) Notwithstanding the provisions of 3-8-9a of this code, the...

§3-8-9c. Joint Fundraising - (a) Political committees may engage in joint fund-raising efforts with...

§3-8-10. Use of Certain Contributions - (a) Notwithstanding any provision of this code to the contrary,...

§3-8-11. Specific Acts Forbidden; Penalties - (a) Any person who shall, directly or indirectly, by himself,...

§3-8-12. Additional Acts Forbidden; Circulation of Written Matter; Newspaper Advertising; Solicitation of Contributions; Intimidation and Coercion of Employees; Promise of Employment or Other Benefits; Limitations on Contributions; Public Contractors... - (a) A person may not publish, issue, or circulate, or...

§3-8-13. Parties Liable and Subject to Penalties - In all cases of violation of the provisions of this...

§3-8-14. Effective Date of Certain Criminal Offenses - The criminal offenses created in sections two, seven and twelve...

§3-8-15. Disclosure of Contributions During Legislative Session - (a) In addition to other reporting required under this article,...

Article 9. Offenses and Penalties

§3-9-1. False or Fraudulent Returns; Tampering With, Destroying or Misdelivering Ballots, Records, etc.; Forgeries; Aiding, etc., in Offense; Penalties - Every person named and identified in this section, who shall...

§3-9-2. Unlawful Printing, Possession or Delivery of Ballots; Penalties - No one, except the person employed and authorized by the...

§3-9-3. False Swearing; Penalties - (a) If any election official, or other person, making any...

§3-9-4. Commissioner's Failure to Procure or Return Supplies; Penalties - Any commissioner of election designated to call for and deliver...

§3-9-5. Destruction or Removal of Election Supplies and Equipment; Attempts; Penalties - If any person shall, during the election, remove or destroy...

§3-9-6. Unauthorized Presence in Election Room; 100-Foot Limit; Penalties - If any person, not herein authorized so to do, enters...

§3-9-7. Wrongful Refusal or Allowance of Votes; Malicious or Frivolous Challenges; Penalties - Any election officer who refuses the vote of a duly...

§3-9-8. Distinguishing Marks on Ballots; Conspiracies; Penalties - If any person shall induce, or attempt to induce, any...

§3-9-9. Electioneering Defined; Unlawful Acts at Polling Places; Exceptions; Penalties - (a) As used in this section, “electioneering” means the displaying...

§3-9-10. Disorder at Polls; Prevention; Failure to Assist in Preventing Disorder; Penalties - Any person who shall, by force, menace, fraud or intimidation,...

§3-9-11. Failure to Make Returns; Penalties - Any election officer who shall wilfully fail, neglect or refuse...

§3-9-12. Improper Influence and Bribery by Candidates; Penalties - Whoever, being a candidate for any office, loans or gives,...

§3-9-13. Buying or Selling Vote Unlawful; Penalties - (a) It is unlawful for any person to offer or...

§3-9-15. Unlawful Acts by Employers; Penalties - Any employer or agent of any employer or corporation, who...

§3-9-16. Receiving or Soliciting Bribes by Voters; Penalties - Any voter who shall, before or during any election, directly...

§3-9-17. Illegal Voting; Deceiving Voters; Penalties - (a) Any person who knowingly and willfully votes or attempts...

§3-9-18. Unlawful Voting in Primary Elections; Penalties - Any person voting, in any primary election, any ticket of...

§3-9-19. Violations Concerning Absent Voters' Ballots; Penalties - (a) Any person who, with the intent to commit fraud,...

§3-9-20. Obstructing Employees' Freedom to Vote; Penalties - Any corporation violating any provision of section forty-two of article...

§3-9-21. Improper Interference With Voters Travel to and From the Polls; Penalties - Any person, during hours a polling place is open for...

§3-9-22. Wagering or Betting on Elections; Penalties - It shall be unlawful to bet or wager money or...

§3-9-23. Punishment Where Penalty Not Prescribed or Where Failure to Perform Duty Not Specifically Made an Offense - Any person who shall commit any act made an offense...

§3-9-24. Limitations on Prosecutions - No person shall be prosecuted for any crime or offense...

Article 10. Filling Vacancies

§3-10-1. Elections to Fill Vacancies - (a) When a vacancy occurs in an elected office of...

§3-10-2. Vacancy in Office of Governor - (a) In case of the death, conviction on impeachment, failure...

§3-10-3. Vacancies in Offices of State Officials, Justices, Judges, and Magistrates - (a) Any vacancy occurring in the offices of Secretary of...

§3-10-3a. Judicial Vacancy Advisory Commission - (a) The Judicial Vacancy Advisory Commission shall assist the Governor...

§3-10-4. Vacancies in Representation in United States Congress - (a) (1) If there is a vacancy in the representation...

§3-10-5. Vacancies in State Legislature - (a) Any vacancy in the office of state senator or...

§3-10-6. Vacancy in Office of Circuit Court Clerk - (a) When a vacancy occurs in the office of clerk...

§3-10-7. Vacancies in Offices of County Commissioner and Clerk of County Commission - (a) Any vacancy in the office of county commissioner or...

§3-10-8. Vacancies in Offices of Prosecuting Attorney, Sheriff, Assessor and Surveyor - (a) Any vacancy occurring in the office of prosecuting attorney,...

§3-10-9. Costs of Special Elections Paid by State - If an election as required by section two or four...

Article 11. Amendments to the State Constitution

§3-11-1. Proposing Amendments to State Constitution; Withdrawal of Proposed Amendments - Any amendment to the Constitution of the State may be...

§3-11-2. Title and Summary of Amendment; Position on Ballot; Designation of Election for Submission of Amendment - In any joint resolution proposing an amendment to the West...

§3-11-3. Publication of Proposed Amendment by Secretary of State - The Secretary of State shall cause each proposed amendment, with...

§3-11-4. Form of Ballot; Conduct of Election - For the purpose of enabling the voters of the state...

§3-11-5. Certificates of Election Commissioners; Canvass of Vote; Certifying Result - As soon as the result is ascertained as to an...

§3-11-6. Proclamation of Result of Election by Secretary of State; Effective Date of Amendment Ratified - On the twenty-fifth day after the election is held, or...

Article 12. West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program

§3-12-1. Short Title - This article is known as the "West Virginia Supreme Court...

§3-12-2. Legislative Findings and Declarations - The Legislature finds and declares the following: (1) Current campaign...

§3-12-3. Definitions - As used in this article, the following terms and phrases...

§3-12-4. Alternative Public Campaign Financing Option - This article establishes an alternative public campaign financing option available...

§3-12-5. Supreme Court of Appeals Public Campaign Financing Fund - There is established within the State Treasury a special revenue...

§3-12-6. Sources of Revenue for the Fund - Revenue from the following sources shall be deposited in the...

§3-12-7. Declaration of Intent - A candidate desiring to receive campaign financing from the fund...

§3-12-8. Exploratory Period; Contributions; Expenditures - (a) A participating candidate or his or her committee may...

§3-12-9. Qualifying Contributions - (a) A participating candidate or his or her candidate's committee...

§3-12-10. Certification of Candidates - (a) To be certified, a participating candidate shall apply to...

§3-12-11. Schedule and Amount of Supreme Court of Appeals Public Campaign Financing Fund Payments - (a) The State Election Commission, acting in concert with the...

§3-12-12. Restrictions on Contributions and Expenditures - (a) A certified candidate or his or her committee may...

§3-12-13. Reporting Requirements - (a) Participating candidates and certified candidates shall comply with this...

§3-12-14. Duties of the State Election Commission; Secretary of State - (a) In addition to its other duties, the State Election...

§3-12-15. Criminal Penalties - (a) A participating or certified candidate who, either personally or...

§3-12-16. Civil Penalties - (a) If a participating or certified candidate or his or...

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West Virginia Code Chapter 3. Elections

West Virginia Code
Chapter 3. Elections