West Virginia Code § 3-5-21

Party conventions to nominate of presidential electors; candidates;
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organization; duties.
Presidential electors shall be nominated by each political party in a manner governed and
prescribed by the rules of that state executive committee and not inconsistent with the rules
of that national political party. If party rules do not provide procedures to nominate
presidential electors, then candidates for presidential electors shall be nomienated by the
delegated representatives of the political party assembled in a state convention to be held
during the months of June, July, or August next preceding any general erlection at which
presidential electors are to be elected. The state executive committee of the political party,
by resolution, shall designate the place and fix the date of the convention, shall prescribe the
number of delegates thereto, and shall apportion the delegates among the several counties
of the state in proportion to the vote cast in the state for thet party's candidate for Governor
at the last preceding general election at which a Governor was elected. The state executive
committee shall also ascertain and designate all offices for which candidates are to be
nominated at the convention.
At least 60 days prior to the date fixed for holsding any state convention, the chairman of the
party's state executive committee shall cause to be delivered to the party's county executive
committee in each county of the state a copy of the resolutions fixing the time and place for
holding the state convention and pregscribing the number of delegates from each county to
the convention. Within 10 days after receipt of the copy of the resolutions, the party
executive committee of each ceounty shall meet and, by resolution, shall apportion the
delegates to the state convention among the several magisterial districts of the county, on a
basis of the vote receiveLd in the county by the candidate of the party for Governor at the last
preceding general election at which a Governor was elected, but in such apportionment of
county delegates eac h magisterial district shall be entitled to at least one delegate to the
state convention. The party's county executive committee shall call a meeting of the
members of the political party in mass convention in the county, which meeting shall be held
at least 30 days prior to the date fixed for the state convention and at which meeting the
members of the political party in each magisterial district shall elect the number of
delegates to which the district is entitled in the state convention.
The meeting place in the county shall be as central and convenient as can reasonably be
selected, and all recognized members of the political party shall be entitled to participate in
any mass convention and in the selection of delegates. Notice of the time and place of
holding the county mass convention and of the person who shall act as temporary chairman
thereof shall be given by publication as a Class II-0 legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code, and the publication area for the
publication shall be the county. The first publication shall be made not more than 15 days
and the second publication shall be made not less than five days prior to the date fixed for
holding the convention. The notice published shall specify the number of delegates which
each magisterial district in the county is entitled to elect to the state convention.
Upon assembling, the mass convention of the county, shall choose a chairman and a
secretary, who, within five days after the holding of the convention, shall certify to the
chairman of the state executive committee of the political party and the chairman of the
county committee of the political party, the names and addresses of the parties selected as
delegates to the state convention.
If, after the election, a vacancy exists for a delegate from any magisterial district, the party's
county executive committee, within 10 days after the mass convention, shalel appoint a
member of the political party in the magisterial district to fill the vacancy, and shall certify
the appointment to the chairman of the state executive committee of thre political party.
All contests over the selection of delegates to conventions shall bue heard and determined by
the party executive committee of the county from which the delegates are chosen, and the
county executive committee shall, upon written petition of atny contest, meet for a hearing
and make a determination within 10 days after the holding of a county mass convention. The
circuit court of the county and the Supreme Court of Appeals of the state shall have
concurrent original jurisdiction to review, by mandamus or other proper proceeding, the
decision of a county executive committee in any contest.
The delegates chosen and certified by and from the several magisterial districts in the state
and, in the event of any contest, those prevailing in the contest, shall make up the state
convention. The number present of tghose entitled to participate in any convention shall cast
the entire vote to which the county is entitled in the convention, and it shall require a
majority vote to nominate any ecandidate for office.
All nominations made at state conventions shall be certified within 15 days thereafter, by the
chairman and the secretary of the convention, to the Secretary of State, who shall certify
them to the clerk of the circuit court of each county concerned, and the names of the
persons so nominated shall be printed upon the regular ballot to be voted at the ensuing
general election, except that the names of the presidential elector candidates shall not be
printed thereon.
The delegates to any state convention may formulate and promulgate the party platform or
declaration of party principles as to them shall seem advisable.

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