SECTION 12.7 DETERMINATION OF ELECTION RESULTS.

   Every qualified elector shall be entitled to vote for one candidate for the office of Mayor, one candidate for the office of Village Recorder, and five candidates for the office of at-large Council member. Each qualified elector shall also be entitled to vote, at elections wherein the offices of Municipal Committeeman and Committeewoman for each political party are at issue, for one candidate for Committeeman and one candidate for Committeewoman of the party of which such elector is a registered member. Immediately upon expiration of the time for filing Certificates of Candidacy as required by this Charter, the Village Recorder shall cause to be published in a newspaper having general circulation in the Village the names of the candidates as they will appear on the ballot for the election. Names of the candidates for each nomination shall be placed on the ballot and in addition to the requirements of Section 12.8 of this Charter, the ballot shall contain instructions to vote for one candidate, except where the offices to be filled are for Council members at-large, in which case the instructions shall inform the voter to vote for five candidates. Votes shall be counted as provided by general election law. In general elections, the candidates representing each political party and receiving the highest number of votes for election for Mayor and for Village Recorder, respectively, shall be elected. As to the offices of at-large Council members in general elections, the five candidates representing each political party and receiving the five highest number of votes shall be elected. In those elections wherein the offices of Municipal Committeeman and Municipal Committeewoman are at issue, those candidates receiving the highest number of votes for each of such party offices shall be finally elected to serve a term of four years, or until their successors shall be duly elected and qualified. In general elections the names of each party’s candidates shall be placed on the ballot as candidates for the offices for which they file. In the general election, the nominees receiving the highest number of votes for election to the offices of Mayor and Village Recorder, respectively, shall be elected, and the five nominees for the offices of at-large Council members receiving the five highest numbers of votes cast in the general election shall be elected to the offices of Council Member at-large.

(Amended 6-5-07)

SECTION 12.8 BALLOTS FOR MUNICIPAL ELECTIONS.

   The ballot to be used in all Municipal elections shall contain the names of all candidates, specify their respective residence address and the election district wherein such residence is located together with their political party affiliation. The order in which names of nominees and candidates appear on the ballot shall be determined by drawing of lots. The Village Recorder shall conduct such drawing in accordance with the requirements of general law. It shall be the duty of the Village Recorder to prepare the ballot for all regular and special Municipal elections in accordance with the provisions of general law and not less than ten days prior to any election, the Village Recorder shall cause a sample ballot to be published in a newspaper having general circulation in the Village.

SECTION 12.9 APPOINTMENT OF ELECTION OFFICIALS.

   It shall be the duty of the Municipal Executive Committees to nominate qualified electors to serve as precinct election officials during a Municipal election and the Municipal Executive Committees shall publicly encourage qualified electors to apply for nomination. The Municipal Executive Committees shall submit their nominations to Council not less than thirty days prior to the election in which the election officials are to serve. After determining that the qualified electors nominated by the Municipal Executive Committees possess the qualifications set forth by the general election laws of the State of West Virginia and not less than twenty days prior to the election in which the election officials are to serve, Council shall appoint the qualified persons nominated by the Municipal Executive Committees to serve as election officials in said election. In the event Council shall determine that any person nominated by the Municipal Executive Committees is not qualified, or is unable or unwilling, to serve as an election official or in the event any person appointed by Council shall refuse to serve as an election official, Council shall proceed to fill the vacancy at the earliest possible time by the same procedure.

SECTION 12.10 ELECTION OFFICIALS; COMPENSATION.

   A uniform election board consisting of three commissioners and two clerks, shall be appointed as aforesaid to serve each voting precinct of the Village during a Municipal election. Each election board shall be composed of one clerk representing each political party and at least one commissioner representing each political party. By resolution adopted not less than forty-five days prior to each election, Council shall determine the compensation to be paid to the precinct commissioners and clerks, but in no event shall such compensation exceed the compensation payable under general law to the precinct election officials serving during a general election of the State of West Virginia.

SECTION 12.11 REGISTRATION RECORDS, RETURN OF BALLOTS AND SUPPLIES, CANVASSING RETURNS, ELECTION CONTESTS.

   At least three days before a Municipal election, the Village Recorder shall procure from the Clerk of the County Commission of Cabell County the necessary registration records and shall deliver them, together with all ballots and other election supplies, to the election official in each precinct designated by Council. The election officials shall, as soon as possible after the closing of the polls, return to the Village Recorder the ballots, tally sheets, certificates of the result of the election, registration records, poll books, ballot boxes and any other election supplies. On the first Monday following the election, Council shall canvass the returns of the election and declare and certify the results within five days thereafter. In case of a contest, Council shall be judge of the election, nomination and qualification of all candidates. Notwithstanding the foregoing, Council may, by resolution, contract with the County Commission of Cabell County, or the Clerk thereof, to furnish, distribute, receive and store the ballots and other election supplies, or any part thereof, and to provide facilities for the canvassing of ballots.

SECTION 12.12 USE OF VOTING DEVICES.

   In addition to any other requirements for the conduct of Municipal elections, Council may contract with the County Commission of Cabell County for the use, in all Municipal elections, of any electronic, mechanical or other voting devices available to, owned by or used by such County for the conduct of County, State and national elections.

SECTION 12.13 REGULATION OF ELECTIONS.

   Council shall make regulations which it considers needful or desirable, not inconsistent with this Charter or with general law, for the proper conduct of Municipal elections and for the prevention of fraud in such elections.