103.02  ELECTION RULES.
   (a)   The non-partisan election of officers of this City shall be held on the second Tuesday in June every four years, commencing in 1993.
   (b)   Such election shall be held at the Mayor's office or at such place within the City as the Council may, for good cause, designate.
   (c)   The Clerk, at least four weeks prior to any election, shall appoint three Commissioners and two Poll Clerks at each designated voting place to conduct such election; said Commissioners and Clerks shall take and subscribe to the oaths prescribed for such election officials by the general laws and make return thereof to the Council.
(1977 Code 1A-101.)
   (d)   (1)   The first day to file for the Office of Mayor or City Council of the City of Spencer shall be the 2nd Monday in January of such an election year.
      (2)   The last Saturday in January at 4:00 o'clock p.m. shall be the last day on which any person may file an announcement of candidacy for any position in the above named election and for payment of established filing fees. In the event of filing by mail, filings mailed on the last day of filing must be postmarked by the U.S. Postal Service. 
      (3)   The filing fee shall be one percent of the annual gross salary paid the Mayor or Council members by the City; provided, however, that fee may be waived by Council for indigent candidates.
      (4)   The last date for withdrawal from an election shall be the third Tuesday after the close of filing.
      (5)   A drawing by lot for ballot position shall be held by the Clerk on the fourth Tuesday after the close of filing, as prescribed by West Virginia Code 3-5- 13a.
   (e)   The vote shall be by ballot, and when two or more persons for the same office, at any election, shall receive an equal number of votes, the persons conducting such election shall decide which of said two persons shall be elected, and all contested elections shall be heard and determined by the Council.
   (f)   The Clerk shall provide for the necessary ballots, poll books, tally sheets, and other material required for proper conduct of the election. Ballots shall be printed by qualified printers, approved by the office of the Secretary of State of West Virginia. The number of ballots printed must equal 1.05 times the number of registered voters eligible to vote on the ballot. The number of ballots packaged for each precinct shall equal the number of registered voters in that precinct. The number of absentee ballots printed may not exceed ten (10%) percent of the registered voters. Ten sample ballots shall be packaged for each precinct; provided, however, additional samples may be printed for official use.
   (g)   Duly registered voters, who meet the requirements for eligibility to vote by absentee ballot as prescribed in West Virginia Code 3-3-1, may vote by absentee ballot. Voting by absentee ballot shall be conducted in accord with the provisions for voting by absentees set out in West Virginia Code Article 3-3 et seq.
   (h)   Notice of elections shall be published over the signature of the Clerk in two newspapers of opposite politics in the City for two successive weeks preceding the election, or as otherwise required by the West Virginia Code, and shall be posted at the Mayor's office or other place designated for holding the election.
   (i)   The said Clerk shall prepare and cause to be printed a sufficient number of suitable and proper ballots to be used at such election, and the names of all candidates to be voted for at such election are to be listed under the office for which they are candidates, placing the names of all candidates for the office of Mayor under the heading "FOR MAYOR" and the names of all candidates for the office of member of the Council under the heading "FOR COUNCIL", and all are to be printed on the same ballot, as one ticket, with a memorandum showing how many of the candidates the voter is entitled to vote for. Under the heading "FOR MAYOR" shall be printed “Vote for One” and under the heading "FOR COUNCIL" shall be printed "Vote for Five".
   Said ballots shall be printed under the supervision of said Clerk and shall be delivered to said Clerk as soon as printed, who shall keep all of said ballots in his possession until the morning of the election, at which time he shall deliver the same to the Commissioners of Election as soon as they are ready to issue the same, and each ballot, before being delivered to the voter, shall be signed on the back thereof by each of the Poll Clerks, each for himself, and no ballot shall be counted unless so signed by the Poll Clerks.  Said  ballots shall not be permitted to be removed from the room in which the election is being conducted, and when a qualified voter presents himself at the polling place, for the purpose of voting, he shall be delivered a ballot on which the names of both Poll Clerks are signed, each in his own hand writing, and the voter shall, without  leaving the polling place, prepare his ballot by indicating thereon the candidates for whom he desires to cast his vote, by making a cross in the square in front of the candidate's name for whom he desires to vote, or by otherwise marking the ballot so as to clearly indicate his intention. Any voter who is unable to prepare his ballot as he desires to vote, the same shall have the aid of the Poll Clerks in the preparation of his ballot, if he so desires, and said election shall be held and conducted, as near as may be, in conformity with the laws of this State, governing the election of State and County officers. The names of the various candidates for  each office shall appear on said list of candidates, herein before first above mentioned, to be published on said ballots, and no person shall be eligible for election, whose name shall not have been so filed and published as aforesaid.
   (j)   Candidates for office receiving the highest number of votes shall be elected to such respective offices and shall take office on July 1 of the year of election.
      (1)   Ballots shall be counted using the procedures prescribed under West Virginia Code 3-6-6.
      (2)   The Council shall canvass the ballots on the fifth day (Sundays excepted) after the election using the procedures prescribed for a canvass of returns by West Virginia Code 3-6-9. Upon completion of canvass, the Council shall release the results of the election.
      (3)   Any losing candidate may request a recount. Any request must be made in writing, written within forty-eight hours after the declaration of the results of the election, and must be accompanied by a bond sufficient to cover the costs of the recount. Following a request for a recount, the City shall, within twenty-four hours, serve notice that a recount has been requested to all candidates.  After which, winning candidates shall have twenty-four hours to preserve their right to a recount. All recounts shall be conducted using the procedures prescribed by West Virginia Code 3-6-9. 
      (4)   A losing candidate, who believes a canvass and recount wrong, may file an election contest. Any election contest shall be conducted by the Council using the procedures prescribed for election contests by the Code of West Virginia Article 3-7 et seq.
         (1977 Code 1A-101.)