(a) (1) At its first regular meeting of the month next preceding the date on which any election is to be held, the Common Council shall appoint a uniform Election Board, consisting of three Election Commissioners and two Poll Clerks, to conduct each election in each precinct of the city in which an electronic voting system has been adopted and is to be used. At such meeting the Councilpersons from each ward shall submit a list of persons to be appointed by the Common Council to serve as election officials in their ward.
(2) The Common Council shall call the necessary meeting or meetings for the instruction of all election officials in the use of the electronic voting system. Such meeting or meetings shall be held and the proper instruction given not less than seven days prior to any election in which the electronic voting system is to be used. No election officer, upon being so notified to appear for instruction, shall fail without just cause to do so. If any officer does so fail to appear, the Common Council may appoint some other qualified person, and such person, after instruction, shall act in the place of the defaulting officer.
(b) 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 ward 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.
(c) (1) Each Commissioner of Election and Poll Clerk, appointed or selected as aforesaid, shall, before entering upon the discharge of his or her duties, take and subscribe an oath, respectively, to the following effect:
(Commissioner’s Oath)
State of West Virginia)
County of Barbour ) ss:
City of Philippi )
I, _____________, 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; and 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 City and Ward in which I am to act as Commissioner of Election, for 60 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 said election; that I have not received any promise, agreement or understanding or arrangement that I shall receive any sum of money or portion of 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 or any subsequent election; that I am not a candidate at this election. So help me God.
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Subscribed and sworn to before me this day ______of ___________, 20____.
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Signature and official title of person before whom sworn.
(Clerk’s Oath)
State of West Virginia)
County of Barbour ) ss:
City of Philippi )
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 City of Philippi, County of Barbour, 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 promises, agreement or understanding that I am to be appointed to any position 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 election or any subsequent election. So help me God.
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Subscribed and sworn to before me this day ______of ___________, 20____.
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Signature and official title of person before whom sworn.
(2) 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 such Commissioner. Either of the Commissioners may administer the oaths to the Poll Clerks. For the purpose of this chapter 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.
(d) The provisions of W.Va. Code Ch. 3 pertaining to the duties of election officers in conducting electronic voting system elections shall, insofar as applicable, apply to city elections.