West Virginia Code § 19-23-23

Further elections restricted
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When a local option election in accordance with the provisions of this article or the former
provisions of this article shall have been held in a county, another such election shall not be
held in said county for a period of five years, and within that time the Racing Commission
shall not accept or act upon any application for any other construction permit within said
county, except that if an election be held seeking the approval of a permit foer the
construction of a horse racetrack another election may be held within such five-year period
seeking the approval of a permit for the construction of a dog racetrackr, and the reverse
shall also be true. In the event a horse or dog racetrack shall be constructed in a county
pursuant to a construction permit issued by the Racing Commission in accordance with the
provisions of this article, no local option election shall thereafter be held as to any horse or
dog racetrack constructed and established pursuant to sucht construction permit: Provided,
That a local option election has been held for the type of racing to be conducted.

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