(a) Except as otherwise provided in the City Charter, City elections shall be conducted and the result determined and certified in accordance with the provisions of the general law of the State with respect to primary, general and special elections, so far as they are applicable, except that the duties devolving upon the County Commission and the Clerk thereof under the general laws for conducting elections shall be performed by Council and the City Clerk. Council shall appoint three commissioners and two clerks to serve as election officials in each precinct in the City at a regular or special meeting in Council Chambers on the first Monday of the month next preceding the date on which any election is to be held. In primary and general elections and in any special election in which political party candidates are to be nominated or elected one election commissioner and one clerk shall be selected from each of the two political parties which at the last preceding general election cast the highest and second highest number of votes in this City. The third commissioner shall be appointed by Council without regard to political party affiliation. At least three days before the date of the election the City Clerk shall procure from the Clerk of the County Commission the necessary registration records and other election supplies and shall deliver them together with the ballots to the election officials. The election officials shall as soon as possible after the closing of the polls on Election Day return to the City Clerk the ballots, registration records, ballot boxes and other election supplies. On the Friday next succeeding any primary election, Council shall canvass the returns of the primary election and declare the results and on the fifth day (Sundays excepted) after every election other than a primary election, Council shall canvass the returns of the election and declare the results. In the case of a contest, Council shall be the judge of the election and qualifications of all City officials.
(b) 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:
(1) Commissioner's oath
"I, , do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of West Virginia, and the Charter of the City of St. Albans; 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 qualifications of such person as a voter; that I am a resident of the State of West Virginia, and the county and magisterial district in which am to act as Commissioner of Election; 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 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; that I am a member of
party, a qualified party of the City of St. Albans as defined by the Charter of the City of St. Albans, So help me God. "
Signature of Candidate Subscribed and sworn to (or affirmed) before me by on this day of , 20 . My commission expires . |
(2) Clerk's oath
"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 St. Albans, District III, County of Kanawha, 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 election or any subsequent election; that I am not a candidate at this election; that I am a member of the party, a qualified party of the City of St. Albans as defined by the Charter of the City of St. Albans, So help me God."
Signature of Candidate Subscribed and sworn to (or affirmed) before me by on this day of , 20 . My commission expires . |
(3) The 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.
(Ord. 2008-19. Passed 11-3-08.)