West Virginia Election Code

West Virginia · Elections · §§ 3-1-1 to 3-1-9 · 56 sections

Overview

This act governs the conduct and administration of elections and the financing of political campaigns. It establishes the bodies that administer elections — county election commissions and similar boards — setting their membership restrictions, oaths, meeting requirements, and duties, along with rules on voter eligibility, time off from work to vote, petition and filing requirements, public notice, and the requisites a political party must satisfy. It also creates a campaign finance disclosure regime, requiring candidates and political campaign committees to register, keep records, and file periodic sworn statements of contributions, loans, and expenditures, while restricting how campaign funds may be used and providing a complaint process and penalties for violations, together with financial disclosure obligations for certain high public officials.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 38 court decisions.

Most-cited authority: 85 F.3d 162 - Fishbeck v. Hechler

Sections covered

W. Va. Code § 3-1-1Short title; purpose3 cites
W. Va. Code § 3-1-10Party committees in office
W. Va. Code § 3-1-11Powers of state executive committee; central or subcommittees; party emblems
W. Va. Code § 3-1-12Members of national party committee
W. Va. Code § 3-1-13Other party or group committees
W. Va. Code § 3-1-14Presidential electors; how chosen; duties; vacancies; compensation
W. Va. Code § 3-1-15Election of United States senators and congressmen
W. Va. Code § 3-1-16Election of state officers
W. Va. Code § 3-1-17Election of circuit judges; county and district officers; magistrates
W. Va. Code § 3-1-18Election to fill other offices
W. Va. Code § 3-1-19Ballot commissioners; selection; duties generally; vacancies1 cite
W. Va. Code § 3-1-2Scope of chapter; definitions
W. Va. Code § 3-1-20Cards of instructions to voters; sample ballots; posting
W. Va. Code § 3-1-21Printing of official and sample ballots; number; packaging and delivery; correction of ballots3 cites
W. Va. Code § 3-1-21aVendors authorized to print ballots; eligibility; application and certification; denial, suspension and revocation of authorization; appeal
W. Va. Code § 3-1-22County court clerks to provide election supplies; requirements for poll books and ballot boxes
W. Va. Code § 3-1-23County commission to arrange polling places and equipment; requirements
W. Va. Code § 3-1-24Obtaining and delivering election supplies
W. Va. Code § 3-1-25Supplies by special messenger
W. Va. Code § 3-1-26Election supplies in emergencies
W. Va. Code § 3-1-27Municipal precinct registration records
W. Va. Code § 3-1-28Election officials; eligibility, suspension of eligibility1 cite
W. Va. Code § 3-1-29Boards of election officials; definitions, composition of boards, determination of number and type
W. Va. Code § 3-1-2aMunicipal elections
W. Va. Code § 3-1-3Persons entitled to vote5 cites
W. Va. Code § 3-1-30Nomination and appointment of election officials and alternates; notice of appointment; appointment to fill vacancies in election boards
W. Va. Code § 3-1-30aOaths of election commissioners and poll clerks, substitution of persons
W. Va. Code § 3-1-31Days and hours of elections; scheduling of local elections; extension or shortening of terms of certain elected local officials1 cite
W. Va. Code § 3-1-32Opening and closing polls; procedure
W. Va. Code § 3-1-33How elections conducted by double boards
W. Va. Code § 3-1-34Voting procedures generally; identification; assistance to voters; voting records; penalties1 cite
W. Va. Code § 3-1-35Ballots to be furnished voters4 cites
W. Va. Code § 3-1-36Report on and disposition of ballots spoiled or not used
W. Va. Code § 3-1-37Restrictions on presence and conduct at polls
W. Va. Code § 3-1-38Disorder at polls; procedure
W. Va. Code § 3-1-39Illegal voting; affidavit; procedure
W. Va. Code § 3-1-3aPersons entitled to vote under federal Voting Rights Act Amendments of 1970; authority of Secretary of State
W. Va. Code § 3-1-4Manner of voting1 cite
W. Va. Code § 3-1-40Chapter 3 — Elections › Article 1 — General Provisions and Definitions
W. Va. Code § 3-1-41Challenged and provisional voter procedures; counting of provisional voters' ballots; ballots of election officials1 cite
W. Va. Code § 3-1-42Time off for voting
W. Va. Code § 3-1-43Disposition of miscellaneous election papers
W. Va. Code § 3-1-44Compensation of election officials; expenses1 cite
W. Va. Code § 3-1-45Court proceedings to compel performance of duties, etc5 cites
W. Va. Code § 3-1-46Training program for election officials
W. Va. Code § 3-1-47Chapter 3 — Elections › Article 1 — General Provisions and Definitions
W. Va. Code § 3-1-48Legislative findings; State Election Fund; loans to counties; availability of funds; repayment of loans; grants to counties for election systems; Secretary of State expenditures from County Assistance Voting Equipment Fund
W. Va. Code § 3-1-49Voting system standards
W. Va. Code § 3-1-5Voting precincts and places established; number of voters in precincts; precinct map; municipal map1 cite
W. Va. Code § 3-1-50Establishment of state-based administrative complaint procedures
W. Va. Code § 3-1-51Identity verification of voters executing voter identity affidavit
W. Va. Code § 3-1-52Ranked-choice voting prohibited
W. Va. Code § 3-1-6Municipal voting precincts
W. Va. Code § 3-1-7Precinct changes; procedure; precinct record1 cite
W. Va. Code § 3-1-8Political party defined; parties or groups that may participate in municipal primary elections6 cites
W. Va. Code § 3-1-9Political party committees; how composed; organization3 cites

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Alaska, Florida, Mississippi, New Mexico, Tennessee, Texas

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