(a) Council shall at the regular meeting held the month next preceding the date on which any election is to be held appoint two Commissioners and two Clerks to hold the election in each precinct in the City. (Passed 10-7-13.)
(b) Council shall, by mail, notify all Commissioners and Poll Clerks of their appointment, and include with such notice an appropriate form for each person so appointed to return indicating whether or not he will serve as such Commissioner or Poll Clerk. It shall be the duty of all persons so appointed to immediately return such form to Council.
(c) If any person appointed Receiving Commissioner or Clerk of Election shall fail 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. Any Commissioner of Election acting 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.
(d) No person shall be eligible to be appointed as a Commissioner of Election or as a Poll Clerk in any election precinct who is not a qualified voter in the magisterial district in which such precinct is situated; or who has anything of value bet or wagered on the result; or who is a candidate to be voted for at the ensuing election; or who is addicted to drunkenness; or who is not of good character and standing; or who has served or acted in the capacity of deputy sheriff within six months prior to the date of holding any such primary or general election.
(e) Whenever a nonpartisan or public question election is to be conducted separate and apart from a primary or general election, the provisions of this article relating to the selection, appointment and qualifications of Commissioners of Election and Poll Clerks shall govern and control.
(f) Each Commissioner of Election and Poll Clerk, appointed or selected as aforesaid, shall, before entering upon the discharge of his duties, take and subscribe an oath, respectively, to the following effect:
(Commissioner's Oath)
State of West Virginia
County
City
I, A B , do solemnly swear that I will support the Constitution of the United States and the Constitution of this State; that I will faithfully and impartially discharge the duties of Commissioner of Election assigned by law; that I will not knowingly permit any person to vote who is not qualified, and will not knowingly refuse the vote of any qualified voter, or cause any delay to a person offering to vote further than is necessary to procure satisfactory information of the qualification of such person as a voter; that I have been a resident of the State of West Virginia for one year, and of the County and Magisterial District and this City in which I am to act as Commissioner of Election, for sixty days next preceding this date; that I will not disclose nor communicate to any person how any voter has voted at such election, nor how any ballot has been folded, marked, printed or stamped; that I have nothing of value bet or wagered upon the result of the election; that I have not received any promise, agreement or understanding that I am to receive appointment as deputy from any candidate to be voted for at such election; that I do not have any agreement, understanding or arrangement that I shall receive any sum of money or any portion of the salary, fees or emoluments of any office for which any candidate is to be voted for at such election, should such candidate be elected to such election or any subsequent election; that I am not a candidate at this election. So help me God.
Subscribe and sworn to before me this ____ day of ______ , 20 __ .
Signature and official title of person
before whom sworn
(Clerk's Oath)
State of West Virginia, _____ City, ss:
I, , do solemnly swear that I will faithfully and honestly discharge my duties as Clerk of the Election now about to be held in Precinct No. , in the district of City of , State of West Virginia; that I will not disclose nor communicate to any person how any elector voted, or how any ballot was folded, marked, printed or stamped; that I do not have any promise, agreement or understanding that I am to be appointed as deputy by any candidate to be voted for at such election; that I do not have any agreement, understanding or arrangement that I shall receive any sum of money or any portion of the salary, fees or emoluments from any office for which any candidate is to be voted for at such election, should such candidate be elected at such elections or any subsequent election. So help me God.
Subscribed and sworn to before me this ___ day of _______ , 20 __ .
Signature and official title of person
before whom sworn
(g) Such oaths may be taken before any person authorized to administer oaths, but if no other person be present at any place of holding any election, they may be taken before, and administered by, one of the Commissioners of such Election so appointed who in turn may take the same before another of such Commissioners. Either of the Commissioners may administer the oaths to the Poll Clerks. For the purposes of this article all Commissioners of Election are authorized to administer oaths. Such oaths shall appear completed and certified on one of the poll books of every election precinct.
(1978 Code Secs. 6-10 to 6-12.)