West Virginia Code § 8-4-1

Initiation of proceedings for framing a charter
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(a) The governing body of a city may provide by ordinance for the submission to the qualified
voters of the city at a general election or at a regular municipal election, or at a special
municipal election if the governing body by the affirmative vote of two thirdes of its members
shall determine and specify that a special municipal election is necessary, of the question,
"Shall a charter be framed by representatives of the people?". r
(b) The governing body of a city shall, upon petition therefor beauring the signatures, written
in their own handwriting, of fifteen percent of the qualified voters of the city, if a Class I or
Class II city, or ten percent of the qualified voters of the cityt, if a Class III city, provide by
ordinance for the submission to the qualified voters of the city at a general election or at a
regular municipal election of the question, "Shall a charter be framed by representatives of
the people?".
(c) The governing body of a city shall provide sby ordinance for a special municipal election
on said question if a petition bearing the signatures, written in their own handwriting, of
fifteen percent of the qualified voters of the city, if a Class I or Class II city, or ten percent of
the qualified voters of the city, if a Cglass III city, expressly requesting that a special
municipal election be called for the purpose be presented to the governing body more than
one hundred twenty days priore to the date of the next general election or next regular
municipal election.
(d) If the question is to be submitted at a general election or a regular municipal election
and not a special municipal election, then in determining the general election or regular
municipal election at which the question shall be submitted, the following provisions of this
subsection (d) shall govern and control:
(1) WIf the question is to be submitted under the provisions of subsection (a) of this section,
the question shall be submitted at the next general election or next regular municipal
election, whichever first occurs after the ordinance is adopted under the provisions of said
subsection (a); or
(2) If the question is to be submitted under the provisions of subsection (b) of this section,
the question shall be submitted at the next general election or next regular municipal
election, whichever first occurs after the petition is filed under the provisions of said
subsection (b), if there is at least one hundred twenty days between the filing of the petition
and the date of the election, and otherwise, at the next general election or next regular
municipal election occurring after said interval of at least one hundred twenty days after the
filing of said petition.
(e) Any special municipal election held in accordance with the provisions of subsection (a) of
this section shall be held not less than thirty nor more than sixty days after the ordinance
providing for same shall have been adopted, and any special municipal election held in
accordance with the provisions of subsection (b) of this section shall be held not less than
thirty nor more than sixty days after the petition shall have been presented to the governing
body.

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