West Virginia Code § 3-5-8a

Nominating petitions as alternatives to filing fees; oath of impecuniosity
Open in Lexace · Ask the AI about this section
required; petition in lieu of payment of filing fee.
A candidate seeking nomination to any office who is unable to pay the filing fee may qualify
through the following petition process in lieu of payment of the filing fee.
The candidate shall file an oath with the appropriate office required under section eight of
this article stating that he or she is unable to pay the filing fee due to a lack of financial
resources. Such oath shall be filed not earlier than the second Monday in January next
preceding the primary election day.
Upon receipt of the written oath the receiving officer shall provide the candidate with in-
lieu-of-filing-fee petition forms and instructions on gathering the required signatures. The
number of required signatures shall be four qualified voters for each whole dollar of the
filing fee: Provided, That the filing fee shall be waived, in whole and not in part. Only
signatures of voters registered in the county, district or other political division represented
by the office sought may be solicited. Solicitors of slignatures shall also be residents of the
county, district or other geographical entity respresented by the office sought: Provided,
however, That for offices to be filled by the voters of more than one county, separate petition
forms shall be used for the signatures of qualified voters from each county.
No qualified voter forfeits his or her opportunity to vote in the primary election by signing an
in-lieu-of-filing-fee petition.
The candidate may submit a greater number of signatures to allow for subsequent losses due
to invalidity of some signatures. The clerk of the county commission may not be required to
determine the validity of a greater number of signatures than that required by this section.
Signatures obVtained on an in-lieu-of-filing-fee petition shall not be counted toward the
number of voters required to sign a nomination certificate in accordance with section
twenty-three of this article.
The candidate shall file all in-lieu-of-filing-fee petitions with the required number of valid
signatures with the clerk of the county commission or Secretary of State, as the case may be,
not later than the last date required by law for filing declarations of candidacies and
payment of the filing fee.
The oath and forms required by this section shall be prescribed by the Secretary of State.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.