W. Va. Code R. § 178-1A-11

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

Section 178-1A-11 - Challenges

11.1. A person wishing to challenge any aspect of the election procedure must file all objection(s) in writing with the Commission within three (3) business days after the Commission has completed counting the ballots and announced the results of the election.

11.1.1. Upon receipt of the written objection(s), the Commission shall set a day and time for a hearing on the objection(s) and shall cause notice of the hearing to be given to all parties.

11.1.2. All evidence and testimony offered at the hearing shall be retained by the Commission. All testimony shall be sworn, and shall be recorded and transcribed by a court reporter authorized to perform court reporting services in this State, the cost of which shall be borne by the person who filed the objection(s). If more than one (1) party files an objection, the costs for the services of the court reporter shall be shared equally among such parties.

11.1.3. The validity of the objection(s) shall be determined by the Commission in its sole discretion. The Commission may, in its discretion, stay the results of the election until after the challenge is decided.

11.2. If no objection has been received within three (3) business days after the Commission completed counting the ballots and announced the results, the Commission shall order the funds held in escrow be released to the organization determined as representing the majority of the horsemen. If timely objection(s) are received, the Commission may order that the funds continue to be held in escrow pending a decision on the objection(s). The Commission shall release the funds held in escrow when the objection(s) have been ruled upon and the election results have become final.

W. Va. Code R. § 178-1A-11