West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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6,321 of 6,321 sections
Showing 101–150 of 6,321 sections
Code Chapter Article Section Heading Section Text Preview Status
3-5-8 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Publication of Nominations At least ten days before an election to fill any public office at which the voters of any county are entitled to vote, the clerk of the circuit court of such co… Proofed
3-5-9 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Appointment of Commissioners and Clerks The county court of each county shall hold a regular or special session at the courthouse of the county on the first Tuesday of the month next preceding the dat… Proofed
3-5-10 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Qualifications of Commissioners and Clerks No person shall be eligible for appointment as a member or clerk of any election board who is not a qualified voter in the magisterial district or who has anyth… Proofed
3-5-11 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Oaths of Election Officers Each commissioner of election, appointed or selected as aforesaid, shall, before entering upon the discharge of his duties, take and subscribe an oath to the fo… Proofed
3-5-12 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Supplies for Holding Election The clerk of the county court of each county shall provide the poll books, tally sheets, ballot boxes, voting booths, strong and durable envelopes upon which to… Proofed
3-5-13 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Delivery of Ballots and Supplies to Election Commissioners The board of ballot commissioners or the circuit clerk, chairman thereof, shall, at least five days before the holding of any election, designate in writing one… Proofed
3-5-14 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Special Messenger for Ballots In case any commissioner of election shall fail to appear at the office of the clerk of the circuit and county court of the county by the close of the second da… Proofed
3-5-15 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Loss or Destruction of Ballots; Substitutes If, by any accident or casualty, the ballots or ballot box or boxes delivered to a commissioner of election, or to any messenger, shall be lost or destroyed, it… Proofed
3-5-16 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Opening and Closing the Polls At every primary, general or special election the polls shall be opened in each precinct on the day of such election at six-thirty o’clock in the forenoon and b… Proofed
3-5-17 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result How Election Conducted by Double Board In each precinct wherein double boards of election officers are appointed, the counting board shall attend at the voting place not later than three hours after … Proofed
3-5-18 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Delivery of Ballots to Voters; Name and Residence of Voters to be Given On entering the election room the voter shall give his name and residence to one of the poll clerks, who shall thereupon announce the same in a loud and distinc… Proofed
3-5-19 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Preparation and Casting of Ballot On receipt of the ballot the voter shall forthwith, and without leaving the election room, retire alone to one of the booths or compartments provided for the pu… Proofed
3-5-20 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Defaced and Unused Ballots Any voter who shall spoil, deface or mutilate the ballot delivered to him, on returning the same to the poll clerks, shall receive another in place thereof. Eve… Proofed
3-5-21 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Assistance to Illiterate or Disabled Voters in Preparing Ballot Any voter who declares or indicates to the poll clerks that he cannot read or write, or that by reason of physical disability he is unable to prepare the ballot… Proofed
3-5-22 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Number of Persons in Booth; Time for Voting Not more than one person shall be permitted to occupy any booth or compartment at one time; and no person shall remain in or occupy a booth or compartment longe… Proofed
3-5-23 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Number of Voters Allowed in Election Room; Persons Not Permitted Within Five Feet of Booth or Ballot Box Not more than one voter for each compartment or booth at the precinct shall be allowed in the election room at one time, and no person shall approach nearer tha… Proofed
3-5-24 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Persons Not Permitted Within Sixty Feet of Election Room No person, except the election officers and voters while going to the election room to vote and returning therefrom, shall be or remain within sixty feet of suc… Proofed
3-5-25 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Challenges If any person offering to vote shall be challenged by a commissioner or poll clerk, and the person so challenged is registered as a voter in the precinct, or pr… Proofed
3-5-26 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Illegal Voting; Affidavit; Arrest; Proceedings If at any time during the election any qualified voter shall make affidavit, before a commissioner of election, that any person who has voted is an illegal vote… Proofed
3-5-27 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Disorder at Polls The commissioners of election shall preserve order at, and in the vicinity of, the polls, and keep the way to the polls open and free from obstruction, and may … Proofed
3-5-28 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Time Allowed Employees to Vote Every person entitled to vote at any election, who may be employed by another on the day on which an election shall be held in this State, shall be given some p… Proofed
3-5-29 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Counting and Destruction of Ballot Not Voted; Recordation of Number of Voters Immediately on closing the polls, the commissioners of election shall count all the ballots remaining not voted, record the number of the same on the tally shee… Proofed
3-5-30 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Ascertaining the Result of the Election When the polls are closed in the election precinct where two election boards have served, both the receiving and counting boards shall conclude the counting of … Proofed
3-5-31 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Irregular Ballots; Notations Thereon; Memorandum of Votes Cast If two or more ballots be found folded or rolled together and the names voted for thereon be the same, one of them only shall be counted; but if the names voted… Proofed
3-5-32 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Precinct Returns; Delivery of Certificates, Ballots and Ballot Boxes to County and Circuit Clerks As soon as the results are ascertained, the commissioners of election and poll clerks at each place of voting, shall make out and sign four certificates thereof… Proofed
3-5-33 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Canvassing Board The commissioners of the county court shall be ex officio a board of canvassers, and, as such, shall keep in a well-bound book, marked “election record,” a comp… Proofed
3-5-34 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Record of Canvass Whenever an election is held in any county or district to fill any national, state, county, or district office, the board of canvassers of the county, or a majo… Proofed
3-5-35 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Disposition of Certificates; Declaration of Result The separate certificates of the board of canvassers, made pursuant to the preceding section, shall be by them disposed of as follows: Of the certificates respe… Proofed
3-5-36 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Tie Vote; Decision Whenever the governor is, or the board of canvassers of a county are, to declare the result of an election, and it appears to him or them that two or more of th… Proofed
3-5-37 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Disposition of Affidavits Used at Polls All affidavits provided for in this chapter, to be used on the day of election, at the several polling places, shall, unless in this chapter otherwise directed,… Proofed
3-5-38 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Destruction of Unused Ballots The board of ballot commissioners of each county, or the chairman thereof, shall preserve the ballots that are left over in their hands, after supplying the pre… Proofed
3-5-39 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Destruction of Registration Lists, Affidavits, Certificates, and Designation of Election Officers At the expiration of one year after any election, the affidavits taken and returned by any registrar or any election officer, applications for absent voters’ ba… Proofed
3-5-40 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Compensation of Election Officers; Expenses Each commissioner of election, poll clerk, and ballot commissioner, shall be allowed a sum to be fixed by the county court, not exceeding five dollars for each … Proofed
3-5-41 Ch. 3 — ELECTIONS Conducting Election; Ascertaining and Certifying the Result Mandamus, Certiorari, or Prohibition to Election Officers Any officer or person, upon whom any duty is devolved by this chapter, may be compelled to perform the same by writ of mandamus. The circuit courts, or the judg… Proofed
3-6-1 Ch. 3 — ELECTIONS Voting by Absentees Persons Absent From State May Vote Any qualified elector of the State of West Virginia, having duly registered, who, by reason of the nature of his employment, business, or on account of other un… Proofed
3-6-2 Ch. 3 — ELECTIONS Voting by Absentees Application for Absent Voter’s Ballot An elector, as designated in section one of this article, expecting to be absent from the State on the day of any primary, general or special election, may, not… Proofed
3-6-3 Ch. 3 — ELECTIONS Voting by Absentees Blanks Furnished by Clerk; Oath Application for an absent voter’s ballot shall be made in person or by mail, on a blank to be furnished by the clerk of the circuit court of the county in which… Proofed
3-6-4 Ch. 3 — ELECTIONS Voting by Absentees Other Duties of Clerk Upon receipt of such application the clerk of the circuit court shall file the same in his office and enter the name of the elector, his home address, the addre… Proofed
3-6-5 Ch. 3 — ELECTIONS Voting by Absentees Mailing of Ballots The clerk of the circuit court of the county in which an applicant is a qualified elector, on the tenth day prior to the election at which the absent voter’s ba… Proofed
3-6-6 Ch. 3 — ELECTIONS Voting by Absentees Ballot Envelopes The clerk of the circuit court of the county shall enclose the ballot or ballots in an envelope, unsealed, to be furnished by such clerk, which envelope shall b… Proofed
3-6-7 Ch. 3 — ELECTIONS Voting by Absentees Affidavit of Absent Voter; Marking and Return of Ballot Such absent voter shall make and subscribe to the affidavit provided for in section six of this article before any officer authorized by law to administer oaths… Proofed
3-6-8 Ch. 3 — ELECTIONS Voting by Absentees Filing of Voted Ballots Upon receipt of an absent voter’s ballot, the clerk of the circuit court of the county shall forthwith inclose the same, unopened, together with the application… Proofed
3-6-9 Ch. 3 — ELECTIONS Voting by Absentees Delivery of Ballots to Commissioner In the event that an absent voter’s ballot shall be received by the clerk of the circuit court prior to the delivery of the official ballots to the election com… Proofed
3-6-10 Ch. 3 — ELECTIONS Voting by Absentees Canvass of Ballots At any time between the opening and closing of the polls on such election day, the commissioners of election of such precinct, in the presence of each other, sh… Proofed
3-6-11 Ch. 3 — ELECTIONS Voting by Absentees Right to Challenge The vote of any absent voter may be challenged for any cause for which it could be challenged if the voter was present and voting in person. Proofed
3-6-12 Ch. 3 — ELECTIONS Voting by Absentees Deceased Voter’s Ballot Whenever it shall be made to appear by due proof to the commissioners that any voter, who has marked and forwarded his ballot as hereinbefore provided in this a… Proofed
3-6-13 Ch. 3 — ELECTIONS Voting by Absentees Return of Voter to Residence This article shall not be so construed as to prohibit any absent voter, returning to his place of residence, from voting in person at the proper precinct at any… Proofed
3-6-14 Ch. 3 — ELECTIONS Voting by Absentees Official Character and Record of Ballots The ballot or ballots, to be delivered to and marked by any absent voter, shall be of the regular official type of ballot to be used at such election. The clerk… Proofed
3-6-15 Ch. 3 — ELECTIONS Voting by Absentees Printing and Distribution of Ballots Absent voters’ ballots shall be in all respects like other ballots. Not less than fifteen nor more than thirty days prior to the date on which any primary, gene… Proofed
3-7-1 Ch. 3 — ELECTIONS Offenses and Penalties False Return of Election; Tampering With Ballots, Certificates or Returns When any person named in the following subdivisions shall offend in any of the particulars therein specified he shall be punished as provided in the last subdiv… Proofed
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