105.10 APPOINTMENT OF COMMISSIONERS AND CLERKS.
   (a)   The Town Council shall hold a special session on the 1st Tuesday of May in any election year and appoint three Commissioners and two Clerks to hold the election in each precinct of the Town. The Election Commissioners shall be selected from the two political parties which, at the last preceding general election, cast the highest and second highest number of votes in this State. For every precinct in which there are 300, but not more than 400, registered voters, there may be two Boards of Election Officers, and for all precincts in which there are more than 400 registered voters, there shall be two Boards of Election Officers, and where two Boards are used, each Board shall consist of three Election Commissioners and two Poll Clerks, one of which Boards shall be designated the “Receiving Board” and the other the “Counting Board” and not more than two Commissioners and one Poll Clerk of each Board will be appointed from the same political party. (Passed 2-11-93.)
   (b)   If any person appointed Receiving Commissioner or Clerk of Election fails to appear at the voting place at the hour for opening the polls, the remaining Commissioner or Commissioners of Election shall select another Commissioner or Clerk, as the case may be. If none of the Receiving Commissioners of the election or Poll Clerks appear at the voting place at the hour appointed for opening the polls, the qualified voters present, being at least ten in number, shall select the election officials who shall serve as though regularly appointed by Council. Any Commissioner of Election active at any election precinct is hereby empowered and authorized to administer oaths and to take and certify affidavits in relation to any matter or thing required or permitted to be done by any of the provisions of this article in conducting and holding the election.
   (c)   Notwithstanding the foregoing subsections of this section, where the election is only for the purpose of taking the sense of the voters upon one or more questions submitted to the voters and not for the purpose of electing any Town officer, only three Commissioners and two Poll Clerks shall be appointed for each precinct.
   (d)   Before entering upon their duties, Commissioners of Election and Poll Clerks shall take the oath required of them as provided in West Virginia Code 3-1-30a.
(Passed 10-2-80.)