West Virginia Code § 3-5-6

Election of county board of education members at primary elections
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(a) An election for the purpose of electing members of the county board of education shall be
held on the same date as the primary elections, as provided by law, but upon a nonpartisan
ballot printed for the purpose.
(b) No more than two members may be elected or serve from the same magisterial district.
The eligibility of candidates to be declared elected for full terms of four years and for
unexpired terms of two or more years based on this limitation shall be determined at the
time of certification of the election.
(1) Such eligibility shall be based on the magisterial district residence of incumbent
members of the board whose terms will continue beyond July 1, following the primary
election.
(A) No person is eligible to be declared elected who resides in a district which has two such
incumbent members. l
(B) No more than one candidate is eligible to be declared elected who resides in a district
which has one such incumbent member. i
(C) A person with the highest number of votes may be declared elected to an unexpired term
notwithstanding the fact that the person's magisterial district has two representatives
serving on the board at the time of the election: Provided, That the number of
representatives from that magisterial district will be less than two as of July 1, following the
primary.
(2) The person decla red elected to an unexpired term shall assume the duties of a member of
the board of EVducation according to the provisions of section two, article five, chapter
eighteen of this code.
(c) In each nonpartisan election for Board of Education the board of canvassers shall:
(1) Declare and certify the election of the required number of eligible candidates receiving
the highest numbers of votes to fill any full terms;
(2) Declare and certify the election of the required number of eligible candidates receiving
the next highest numbers of votes, after all full terms are filled, to fill any unexpired terms.
(d) It is the intent of this statute that any person declared to be elected under the preceding
provisions of this section shall take office as a duly elected member or members, even
though the person may not have received a majority or plurality of all votes cast at such
election.
(e) In case of a tie vote for a seat on a county board of education in any primary election, the
provisions of section twelve, article six of this chapter shall control in breaking the tie.

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