West Virginia Code § 3-5-10

Publication of sample ballots and lists of candidates
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(a) The ballot commissioners of each county shall prepare a sample official primary ballot for
each party and, as the case may be, for the nonpartisan candidates to be voted for at the
primary election, according to the provisions of this article and §3-4A-1 et seq. of this code,
as appropriate to the voting system. If any ballot issue is to be voted on in the primary
election, the ballot commissioners shall likewise prepare a sample official baellot for that
issue according to the provisions of law authorizing the election.
(b) The facsimile sample ballot for each political party and for nonpartisan candidates or
ballot issues shall be published as follows: u
(1) For counties in which two or more qualified newspapers publish a daily newspaper, not
more than 26 nor less than 20 days preceding the primary election, the ballot commissioners
shall publish each sample official primary election ballot as a Class I-0 legal advertisement in
the two qualified daily newspapers of different political parties within the county having the
largest circulation in compliance with the provisionls of §59-3-1 et seq. of this code;
(2) For counties having no more than one daily newspaper, or having only one or more
qualified newspapers which publish weekliy, not more than 26 nor less than 20 days
preceding the primary election, the gballot commissioners shall publish the sample official
primary election ballot as a Class I legal advertisement in the qualified newspaper within the
county having the largest circulation in compliance with the provisions of §59-3-1 et seq. of
this code; and
(3) Each facsimile sample ballot shall be a photographic reproduction of the official sample
ballot or ballot pages and shall be printed in a size no less than 65 percent of the actual size
of the ballot, at the discretion of the ballot commissioners: Provided, That in counties where
an electronic voting system has been adopted, the facsimile sample ballot may be a
photographic reproduction of the absentee ballot: Provided, however, That when the ballots
for Wthe precincts within the county contain different senatorial, delegate, magisterial or
executive committee districts or when the ballots for precincts within a city contain different
municipal wards, the facsimile shall be altered to include each of the various districts in the
appropriate order. If, in order to accommodate the size of each ballot, the ballot or ballot
pages must be divided onto more than one page, the arrangement and order shall be made
to conform as nearly as possible to the arrangement of the ballot. The publisher of the
newspaper shall submit a proof of the ballot and the arrangement to the ballot
commissioners for approval prior to publication.
(c) The ballot commissioners of each county shall prepare, in the form and manner
prescribed by the Secretary of State, an official list of offices and candidates for each office
which will appear on the primary election ballot for each party and, as the case may be, for
the nonpartisan candidates to be voted for at the primary election. All information which
appears on the ballot, including instructions as to the number of candidates for whom votes
may be cast for the office, any additional language which will appear on the ballot below the
name of the office, any identifying information relating to the candidates, such as his or her
residence and magisterial district or presidential preference, shall be included in the list in
the same order in which it appears on the ballot. Following the names of all candidates, the
list shall include the full title, text and voting positions of any issue to appear on the ballot.
(d) The official list of candidates and issues as provided in subsection (c) of this section shall
be published as follows: e
(1) For counties in which two or more qualified newspapers publish a daily newspaper, on
the last day on which a newspaper is published immediately preceding the primary election,
the ballot commissioners shall publish the official list of candidatues and issues as a Class I-0
legal advertisement in the two qualified daily newspapers of different political parties within
the county having the largest circulation in compliance witht the provisions of §59-3-1 et seq.
of this code;
(2) For counties having no more than one daily newspaper, or having only one or more
qualified newspapers which publish weekly, on thel last day on which a newspaper is
published immediately preceding the primarys election, the ballot commissioners shall
publish the sample official list of nominees and issues as a Class I legal advertisement in the
qualified newspaper within the county having the largest circulation in compliance with the
provisions of §59-3-1 et seq. of this cgode;
(3) The publication of the official list of candidates for each party and for nonpartisan
candidates shall be in single or double columns, as required to accommodate the type size
requirements as follows: (A) The words "official list of candidates", the name of the county,
the words "primary election", the date of the election, the name of the political party or the
designation of nonpartisan candidates shall be printed in all capital letters and in bold type
no smaller than fourteen point. The designation of the national, state, district or other tickets
shall be printed in all capital letters in type no smaller than 14 point; (B) the title of the
office shall be printed in bold type no smaller than 12 point and any voting instructions or
othWer language printed below the title shall be printed in bold type no smaller than 10 point;
and (C) the names of the candidates shall be printed in all capital letters in bold type no
smaller than 10 point and the residence information shall be printed in type no smaller than
10 point; and
(4) When any ballot issue is to appear on the ballot, the title of that ballot shall be printed in
all capital letters in bold type no smaller than 14 point. The text of the ballot issue shall
appear in no smaller than eight point type. The ballot commissioners may require the
publication of the ballot issue under this subsection in the facsimile sample ballot format in
lieu of the alternate format.
(e) Notwithstanding the provisions of subsections (c) and (d) of this section, beginning with
the primary election to be held in the year 2000, the ballot commissioners of any county may
choose to publish a facsimile sample ballot for each political party and for nonpartisan
candidates or ballot issues instead of the official list of offices and candidates for each office
for purposes of the last publication required before any primary election.

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