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W. Va. Code § 8-12-4

Power to provide by charter for initiative, referendum and recall

Known as the Municipal Code

The act spans §§ 8–8 (711 sections).

Applied in 2 court decisions — leading case 166 W. Va. 553 - State Ex Rel. Durkin v. Neely (1981)

Most recently applied in 210 W. Va. 506 - Burnell v. City of Morgantown (November 2001)

Any city may by charter provision provide for any or all of the following:

(1) The initiation of ordinances by petition bearing the signatures, written in their own handwriting, of not less than ten percent of the qualified voters of such city;

(2) The submission to the qualified voters of such city of a proposed ordinance at a regular municipal election or special municipal election upon petition bearing the signatures, written in their own handwriting, of not less than ten percent of the qualified voters of such city or upon resolution of the governing body of such city; and

(3) The holding of a special municipal election to submit to the qualified voters of such city the question of the recall of an elected officer upon petition bearing the signatures, written in their own handwriting, of not less than twenty percent of the qualified voters of such city. Not more than one recall election shall be held with respect to an officer during his term of office.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.