Section
33.01 Application of state election laws
33.02 Ballot commissioners
33.03 Permanent registration of voters established
33.04 Same; duties of City Clerk
33.05 Establishment of voting precincts
33.06 Establishing proof of qualifications for office; requirements for candidates and duties of City Clerk
33.07 Use of voter’s registration record by Common Council in contested election
33.08 City Attorney to instruct election and police officials
(A) Pursuant to the provisions of W. Va. Code 8-5-14, as amended, and in accordance with amended Charter § 47 of the city, and the provisions of W. Va. Code Ch. 3, as amended, referring more particularly to primary and general elections, shall, so far as such provisions can be applied, govern the conduct of the city’s general elections and the powers and duties provided by the applicable provisions of the state’s Code for County Clerks and Clerks of the Circuit Courts shall devolve upon the City Clerk and the powers and duties provided by the state’s Code for County Commissions shall devolve upon the Common Council of the city, except as may be provided otherwise by the Charter of the city or any ordinance of the city.
(B) The election for the purposes of electing officers of the city for the year 1981, and biennially thereafter, shall be held on the first Tuesday in June, 1981, and upon the same date now provided for municipal general elections, but upon a nonpartisan ballot printed for the purpose. At the elections of municipal officers for the city held in the year 1981 and each election held thereafter, each candidate seeking the office of Council members shall be identified as to the ward from which he or she is a resident and which he or she seeks to represent. In such nonpartisan election for each of the elective offices of the city, as provided by the Charter of the city and its ordinances, the person receiving the highest number of votes shall be elected.
(C) It is declared to be the intent of this section that any person declared to be elected under the preceding provisions of this section shall take office as a duly elected officer of the city commending on July 1, 1981, and thereafter biennially.
(Prior Code, § 9-1) (Ord. passed 12-11-1980)
(A) The City Clerk, and two persons appointed by him or her, one from each of the two political parties which cast the largest and second largest number of votes in the city at the last preceding general city election, shall constitute a Board of Ballot Commissioners, of which Board the City Clerk shall be Chairperson.
(B) (1) It shall be the duty of the City Clerk to notify the Chairperson of the respective city executive committees of such two parties at least five days before making such appointments, of the time and place of making such appointments, and if at any time after such notice is given, and before or on the day so fixed for making such appointments, the Chairperson of either of those committees shall designate, in writing, a member of such party as Ballot Commissioner having the qualifications of a voter, he or she shall be appointed. Ballot Commissioners shall be appointed between January 15 and 30 in each year in which a general city election is to be held, for a term of two years beginning on February 1 next ensuing.
(2) They shall perform the duties of such Commissioners at all general, special, and primary elections held in the city or any ward thereof during their term of office. A vacancy shall be filled in the same manner as an original appointment, but immediate notice of a vacancy shall, where necessary, be deemed compliance with the five-day notice provision.
(Prior Code, § 9-2)
Pursuant to W. Va. Code 8-5-13, the conduct of all city elections shall be integrated with the system of permanent registration of voters as set out in W. Va. Code Ch. 3, Art. 2, the provisions of which, insofar as they are applicable to this city, are hereby adopted and made a part of this chapter.
(Prior Code, § 9-3)
Charter reference:
Statutory reference:
As to who are entitled to vote, see W. Va. Code 3-1-3
At least three days prior to each primary or other election of this city, it shall be the duty of the City Clerk to procure from the office of the Clerk of the County Court the municipal registration records necessary for the conduct of such election. Such records shall, within ten days after the date of the municipal election, be returned to the office of the Clerk of the County Court by the City Clerk.
(Prior Code, § 9-4)
Statutory reference:
Related provisions, see W. Va. Code 3-1-27
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