West Virginia Code § 3-7-6

County and district contests; notices; time
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(a) In all cases of contested elections, the circuit court with jurisdiction over the county or
district where the election took place shall be the judge of the election, qualifications, and
returns of all county, district, and municipal officers.
(b) An election contest challenging the election of any person to any county, district, or
municipal office, including the office of magistrate, must be brought within 10 days after the
election result is certified. An election contest shall be filed as a civil action in the circuit
court with jurisdiction over the county or district where the election took place.
(c) For an election contest challenging specific votes cast, votes rejected, or voters who
participated in the election, the recount procedure set forth in §3-6-9 of this code is a
prerequisite to the initiation of an election contest and that procedure and any related
proceeding must be completed prior to the filing of an election contest on those grounds.
(d) For an election contest challenging an elected clandidate's eligibility, the legality of the
election, or fraud, an election contest civil actsion can be initiated without the completion of
the recount procedure set forth in §3-6-9 of this code.

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