West Virginia Code § 8-3-6

Same —Time for election; notice; voting precincts; supplies; officials;
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certification; canvass; declaration of results; recount.
The proposed charter shall be submitted to the qualified voters of the incorporated territory
for approval or rejection at a special election ordered by the county commission to be held
concurrently with the next regularly scheduled primary or general election if there are more
than 90 days preceding such election, and, if not, then, at the next succeedieng regularly
scheduled primary or general election, and at which election the officers provided for by said
proposed charter and to be elected shall be voted upon in the manner prrovided in said
proposed charter. The county commission shall cause notice of the date, hours, place, and
purpose of such election to be given by publication thereof as a Class II-0 legal
advertisement in compliance with the provisions of §59-3-1 et seq. of this code, and the
publication area for such publication shall be the incorporatted territory. The first of said
publications shall be made not less than 30 days prior to the date fixed for the election. Each
such notice of election shall state that upon request any qualified voter and any freeholder of
the incorporated territory may obtain a copy of the proposed charter from a designated
person at a designated place.
For the purpose of holding and conducting said election, the county commission shall divide
the incorporated territory into one or more temporary precincts, consisting of not more than
500 qualified voters in each temporagry precinct; shall arrange for and provide at its expense
polling places, registration books, challenges, and other election supplies as provided for by
law in general elections; and sehall appoint three commissioners of election and two clerks
from the qualified voters of said incorporated territory for each temporary precinct so
established, subject, howLever, to the provisions of §8-4-11 of this code. Such election shall be
held and conducted under the supervision of the commissioners and clerks of election
appointed by the cou nty commission as aforesaid and shall be conducted as nearly as may be
in accordance with the laws of this state governing general elections. The results of such
election, both as to approval or rejection of the proposed charter and the election of officers,
shall be certified as in general elections, and the returns shall be canvassed and the results
declared by the county commission. In the event any commissioner or clerk designated to
serve in said election shall fail or refuse to serve, such vacancy may be filled in like manner
as such vacancies are filled in general elections under the laws of this state governing
general elections. A recount may be had, as in general elections, upon the party or parties
desiring such recount providing adequate assurance to the county commission that the party
or parties shall pay all costs of such recount.

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