West Virginia Code § 48-2-402

Qualifications of religious representative for celebrating marriages;
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registry of persons authorized to perform marriage ceremonies; special revenue
fund.
(a) Beginning September 1, 2001, the Secretary of State shall, upon payment of the
registration fee established by the Secretary of State pursuant to subsection (d) of this
section, make an order authorizing a person who is a religious representativee to celebrate
the rites of marriage in all the counties of the state, upon proof that the person:
(1) Is eighteen years of age or older;
(2) Is duly authorized to perform marriages by his or her church, synagogue, spiritual
assembly or religious organization; and
(3) Is in regular communion with the church, synagoguae, spiritual assembly or religious
organization of which he or she is a member.
(b) The Secretary of State shall establish a central registry of persons authorized to
celebrate marriages in this state. Every person authorized under the provisions of subsection
(a) of this section to celebrate marriages sihall be listed in this registry. Every county clerk
shall, prior to October 1, 2001, transmit to the Secretary of State the name of every person
authorized to celebrate marriages by order issued in his or her county since 1960 and the
Secretary of State shall include these names in the registry. The completed registry and
periodic updates shall be transmitted to every county clerk.
(c)(1) Upon written request from the registrant, the Secretary of State shall designate the
registrant as inactive on the registry.
(2) Upon writVten notice from the governing body of the registrant's authorizing body that the
registrant has died or that the registrant's authority to perform marriages has been revoked,
the Secretary of State shall attempt to notify the registrant of the change in the registrant's
status by United States mail addressed to the registrant's last known address. If the
registrant fails to provide the Secretary of State with proof of good standing with his or her
authorizing body within thirty days, the registrant shall be designated on the registry as
inactive.
(d) A fee not to exceed $25 may be charged by the Secretary of State for each registration or
reactivation of an individual designated as inactive on the registry received on or after
September 1, 2001, and all money received shall be deposited in a special revenue revolving
fund designated the Marriage Celebrants Registration Fee Administration Fund in the state
Treasury to be administered by the Secretary of State. Expenses incurred by the secretary in
the implementation and operation of the registry program shall be paid from the fund.
(e) No marriage performed by a person authorized by law to celebrate marriages may be
invalidated solely because the person was not listed in the registry provided for in this
section.
(f) The Secretary of State shall promulgate rules to implement the provisions of this section.

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