W. Va. Code R. § 110-37-25

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-37-25 - County Option Election

25.1. A county commission may call a local option election to determine if the provisions of W. Va. Code '47-21-1 et seq. shall continue in effect in the county. No local option election may be called to disapprove the playing of raffle games at the state fair. Raffles are permitted in all counties unless and until a local option election is held which results in a majority of voters disap­proving the conducting of raffle occasions within the county.

25.2. To call the election, a petition for election shall be made. The form shall be sub­stantially as follows:

PETITION ON LOCAL OPTION ELEC­TION RESPECTING THE CONDUCT OF RAFFLE GAMES FOR CHARITABLE PURPOSES

IN_COUNTY WEST VIRGINIA

Each of the undersigned certifies that he or she is a person residing in _ county, West Vir­ginia, and is duly qualified to vote in that county under the laws of the State, and that his or her name, address, and the date of signing this peti­tion are correctly set forth below.

The undersigned petition the county commission to call and hold a local option election at:

(1) a special or

(2) the next primary, general or special election (the petition shall specify (1) or (2) upon the following question: Shall the provisions of Article twenty-one (21), Chapter forty-seven (47) of the Code of West Virginia, one thousand nine hundred thirty-one (1931) as amended, continue in effect in _ county, West Virginia.

NAME ADDRESS DATE

_ (Each person signing must specify either his post office address or his street num­ber).

At least ten percent (10%) of the persons qualified to vote within the county shall sign this petition before the county commission may call the election.

25.3. If the petition is filed as specified, the county commission shall enter an order calling a local option election, and shall publicize the notice of the local option election by publication of a Class II-O legal advertisement with the county publication area. This notice shall be published within the fourteen (14) consecutive days immediately preceding the election.

25.4. Any person qualified to vote in the county at any primary, general or special election may vote at the local option election.

25.5. Election officers appointed and quali­fied to serve at any primary, general or special election shall conduct the local option election. These election officers shall count the ballots and make a return which shall be certified by the commissioners of election to the county commis­sion. The county commission shall canvass the ballots and certify the result without delay.

25.6. A local option election may be held at the same time as any primary, general or special elections, but, it shall be held in connection with and as a part of the primary, general or special election if it is held at the same time.

25.7. The form of the ballot shall be substan­tially as follows:

"Shall the playing of raffle to raise money for charitable or public service organizations continue in effect in _ county of West Virginia?" (Place a cross mark in the square opposite your choice). Yes No

25.8. If the majority of the voters vote no, charitable raffles may no longer occur in that county.

25.9. A local option election may be called in a county to resubmit the question to the voters of that county, whether the question was approved or disapproved at the previous local option elec­tion, any earlier than five (5) years after the last local option election.

W. Va. Code R. § 110-37-25