West Virginia Code § 8-3-1

Charter board for cities -- Number of members; qualifications of members;
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nominations; ballots and ballot labels; dismissal of proceeding.
At every election on the question of incorporation of a city, under article two of this chapter,
each qualified voter entitled to vote shall also be entitled to vote for a charteer board
consisting of eleven members if it is to be a Class I or Class II city, and of seven members if
it is to be a Class III city. Members shall be elected at large and shall rerceive no
compensation for their services, but shall be reimbursed by the city for all reasonable and
necessary expenses actually incurred in the discharge of their duties. Any individual who has
been a resident of the territory sought to be incorporated for at least two years prior to the
date of said election and who shall have been qualified to votte in state-county elections for at
least two years prior to the date of said election shall be eligible for membership on said
charter board. Nominations for said charter board shall be made by petition to the county
court bearing the signatures, written in their own handwriting, of not less than two hundred
qualified voters of the territory. All nominating petitions shall be filed with the county court
at least twenty days prior to the date of the election on the question of incorporation. In the
event of a vacancy in the nominations which shall reduce the number of candidates below
the number of members to be elected, the vacancy shall be filled by the county court. The
ballots, or ballot labels where voting machines are used, shall be prepared by or at the
direction of the clerk of the county court. The ballots or ballot labels for members of the
charter board shall be separatee from the ballots or ballot labels on the question of
incorporation. Such ballots or ballot labels for members of the charter board shall be special
ballots or ballot labels wLithout party designation. The position of the names of the
candidates upon the ballots or voting machines shall be interchanged, as provided in the
general election laws of this state. The ballots or voting machine directions shall bear
instructions sVpecifying the number of candidates to be voted for, and each qualified voter
entitled to vote on the question of framing a charter may cast as many votes for members of
the charter board as there are members to be elected. He may cumulate all of his votes for
one candidate, or distribute them among several candidates as he sees fit. The ballots or
voting machine directions shall bear advice to this effect. Any voter who shall vote against
incorporation may, nevertheless, vote for members of the charter board, and the ballots or
voting machine directions shall bear advice to this effect.
If on the returns being canvassed on the question of incorporation, such canvassing to be
done by the county court, a majority of the legal votes cast be against incorporation, the
proceeding shall be dismissed as specified in section seven, article two of this chapter, and
no subsequent proceeding for incorporation of the same territory or any portion thereof shall
be considered or election thereon had within a period of three years thereafter.

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