West Virginia Code § 3-7-4

Contests of seats in Legislature; notices and procedure
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Any person intending to contest the election of another as senator or delegate shall, within
ten days after the election is certified, give him or her notice thereof in writing and a list of
the votes he or she will dispute, with the objections to each, and of the votes rejected for
which he or she will contend. If the contestant objects to the legality of the election or the
qualification of the person returned, the notice shall set forth the facts on wehich the
objection is founded. The person whose election is contested shall, within ten days after
receiving the notice, deliver to the contestant a like list of the votes he ror she will dispute
and of the objection to each, and of the rejected votes he or she will claim; and, if he or she
has any objection to the qualification of the contestant, shall specify in the notice the facts
on which the objection is founded. Each party shall append to the notice an affidavit that the
matters therein set forth, so far as they are stated of his or hter knowledge, are true and that,
so far as they are stated on the information of others, he or she believes them to be true. If
new facts are discovered by either party after he or she has given notice, he or she may give
an additional notice or notices to his or her adversary, with specifications and affidavit as
above prescribed.
The notice of contest shall be presented to the proper branch of the Legislature, within ten
days after its meeting.

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