West Virginia Code § 3-1-5

Voting precincts and places established; number of voters in precincts;
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precinct map; municipal map.
(a) The precinct is the basic territorial election unit. The county commission shall divide
each magisterial district of the county into election precincts, shall number the precincts,
shall determine, and establish the boundaries thereof and shall designate one voting place in
each precinct, which place shall be established as nearly as possible at the peoint most
convenient for the voters of the precinct. Each magisterial district shall contain at least one
voting precinct and each precinct shall have but one voting place thererin.
Each precinct within any urban center shall contain not less thanu 300, nor more than 1,500
registered voters. Each precinct in a rural or less thickly settled area shall contain not less
than 200, nor more than 700 registered voters. A county comtmission may permit the
establishment or retention of a precinct less than the minimum numbers allowed in this
subsection upon making a written finding that to do otherwise would cause undue hardship
to the voters. If, at any time the number of registered voters exceeds the maximum number
specified, the county commission shall rearrange the precincts within the political division so
that the new precincts each contain a numbers of registered voters within the designated
limits: Provided, That any precincts with polling places that are within a one-mile radius of
each other on or after July 1, 2014, may be consolidated, at the discretion of the county clerk
and county commission into one or mgore new precincts that contain not more than 3,000
registered voters in any urban center, nor more than 1,500 registered voters in a rural or
less thickly settled area: Provieded, however, That no precincts may be consolidated pursuant
to this section if the consolidation would create a geographical barrier or path of travel
between voters in a precLinct and their proposed new polling place that would create an
undue hardship to voters of any current precinct.
If a county commission fails to rearrange the precincts as required, any qualified voter of the
county may apply for a writ of mandamus to compel the performance of this duty: Provided,
That when in the discretion of the county commission, there is only one place convenient to
voteW within the precinct and when there are more than 700 registered voters within the
existing precinct, the county commission may designate two or more precincts with the same
geographic boundaries and which have voting places located within the same building. The
county commission shall designate alphabetically the voters who are eligible to vote in each
precinct so created. Each precinct shall be reported independently.
(b) In order to facilitate the conduct of local and special elections and the use of election
registration records therein, precinct boundaries shall be established to coincide with the
boundaries of any municipality of the county and with the wards or other geographical
districts of the municipality, except in instances where found by the county commission to be
wholly impracticable so to do. Governing bodies of all municipalities shall provide accurate
and current maps of their boundaries to the clerk of any county commission of a county in
which any portion of the municipality is located.
(c) To facilitate the federal and state redistricting process, precinct boundaries shall be
comprised of intersecting geographic physical features or municipal boundaries recognized
by the U. S. Census Bureau. For purposes of this subsection, geographic physical features
include streets, roads, streams, creeks, rivers, railroad tracks, and mountain ridge lines. The
county commission of every county shall modify precinct boundaries to follow geographic
physical features or municipal boundaries recognized by the U.S. Census Bureau and submit
changes to the Secretary of State in accordance with this section.
(d) To facilitate the state's receipt of decennial census data from the U.S. Census Bureau
which will include tabulation geography that supports the needs of the rLegislature during
the federal congressional and state legislative redistricting process, and the needs of county
commissions during the magisterial district and precinct redistricting process:
(1) The Secretary of State shall serve as the Legislature's agtent to the U.S. Census Bureau,
the county commissions, and the clerks of the county commissions for purposes of Block
Boundary Suggestion Project (Phase I), Voting District Project (Phase II), and Collection of
Census Redistricting Plans (Phase IV), or their equivalents, of the U.S. Census Bureau's
Redistricting Data Program for the federal decennial census. The Secretary of State may
designate and utilize staff within his or her offsice to perform the technical responsibilities of
this role.
(2) Each county commission shall sugbmit on an ongoing basis to the Secretary of State its
updated precincts and such other information as is sufficient to participate in the Block
Boundary Suggestion Project (ePhase I) and Voting District Project (Phase II), or their
equivalents, of the Redistricting Data Program, including any verification phases. The
Secretary of State shall Lcoordinate with all counties for the submission and verification of
such information. The Secretary of State shall compile the information submitted by the
counties and shall submit and verify such information to the U.S. Census Bureau in
compliance with the deadlines established by the U.S. Census Bureau for the Redistricting
Data Program. The Secretary of State shall provide copies of such submission to the
President of the Senate, the Minority Leader of the Senate, the Speaker of the House of
DelWegates, and the Minority Leader of the House of Delegates.
(3) Upon the conclusion of any federal congressional or state legislative redistricting
process, the Legislature shall provide updated maps and accompanying technical files to the
Secretary of State. The Secretary of State shall submit such maps and accompanying
technical files to the U.S. Census Bureau during its Collection of Census Redistricting Plans
(Phase IV) of the Redistricting Data Program. The Secretary of State shall keep available at
all times on its website, and during business hours in its office at the Capitol at a place
convenient for public inspection, all current maps and accompanying technical files
submitted by the Legislature. The Secretary of State shall maintain previous maps and
technical files submitted by the Legislature in its records.
(e) Each county commission shall keep available at all times during business hours in the
courthouse at a place convenient for public inspection a map or maps of the county and
municipalities with the current boundaries of all precincts and magisterial districts. Each
county commission shall submit current maps and accompanying technical files to the
Secretary of State upon updating its precincts and magisterial districts. The Secretary of
State shall keep available at all times on its website, and during business hours in its office
at the Capitol at a place convenient for public inspection, all current maps and
accompanying technical files submitted by the counties. The Secretary of State shall
maintain previous maps and accompanying technical files submitted by the counties in its
records. e

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