West Virginia Code § 6-6-1

Definitions
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(a) The term "official misconduct", as used in this article, means conviction of a felony
during the officer's present term of office or any willful unlawful behavior by a public officer
in the course of his or her performance of the duties of the public office.
(b) The term "neglect of duty", as used in this article, means the knowing refusal or willful
failure of a public officer to perform an essential act or duty of the office required by law.
(c) The term "incompetence", as used in this article, may include the following acts or
adjudications committed or arising during the challenged officeru's term of office: The waste
or misappropriation of public funds by any officer when the officer knew, or should have
known, that such use of funds was inappropriate or inconsistent with the lawful duties of the
office; conviction of a misdemeanor involving dishonesty or gross immorality, having been
the subject of a determination of incapacity, as defined and governed by section seven,
article thirty, chapter sixteen of this code; or other conduct affecting the officer's ability to
perform the essential official duties of his or her oflfice including but not limited to habitual
drunkenness or addiction to the use of narcotsic drugs.
(d) The term "qualified petitioner", as usedi in this article, means a person who was
registered to vote in the election in gwhich the officer was chosen which next preceded the
filing of the petition.

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