State Codes and Statutes

Statutes > West-virginia > 61 > 61-10-28

§61-10-28. Same -- Local option election; petition; election procedure; form of ballot; effect of such election.
The county court of any county is hereby authorized to call a local option election for the purpose of determining the will of the voters as to whether the provisions of section twenty-five of this article shall continue in effect in said county.

A petition for such local option election shall be in the form hereinafter specified and shall be signed by qualified voters residing within said county equal to at least ten percent of the persons qualified to vote within said county at the last general election. Said petition may be in any number of counterparts and shall be sufficient if substantially in the following form:

PETITION ON LOCAL OPTION ELECTION
RESPECTING WORK, LABOR OR BUSINESS
ON SUNDAY 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 said 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 said county court to call and hold a local option election upon the following question:

Shall the provisions of section 25, article 10, chapter 61 of the code of West Virginia, one thousand nine hundred thirty-one, 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.)

Upon the filing of a petition for a local option election in accordance with the provisions of this section, the county court shall enter an order calling a local option election and providing that the same shall be held at the same time and as a part of the next primary or general election to be held in said county. Said county court shall give notice of such local option election by publication thereof as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. Such notice shall be so published within fourteen consecutive days next preceding said election.

Each person qualified to vote in said county at said primary or general election shall likewise be qualified to vote at the local option election. The election officers appointed and qualified to serve as such at said primary or general election shall conduct said local option election in connection with and as a part of said primary or general election. The ballots in said local option election shall be counted and returns made by the election officers and the results certified by the commissioners of election to said county court which shall canvass the ballots, all in accordance with the laws of the state of West Virginia relating to primary and general elections insofar as the same are applicable. The county court shall, without delay, canvass the ballots cast at said local option election and certify the result thereof.

The ballot to be used in said local option election shall have printed thereon substantially the following:

"Shall the Sunday Closing Law continue in effect in ........ County of West Virginia?

/ / Yes / / No

(Place a cross mark in the square opposite your choice.)"

If a majority of the voters voting at any such local option election vote no on the foregoing question, the provisions of section twenty-five, article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, shall no longer continue in effect in said county.

State Codes and Statutes

Statutes > West-virginia > 61 > 61-10-28

§61-10-28. Same -- Local option election; petition; election procedure; form of ballot; effect of such election.
The county court of any county is hereby authorized to call a local option election for the purpose of determining the will of the voters as to whether the provisions of section twenty-five of this article shall continue in effect in said county.

A petition for such local option election shall be in the form hereinafter specified and shall be signed by qualified voters residing within said county equal to at least ten percent of the persons qualified to vote within said county at the last general election. Said petition may be in any number of counterparts and shall be sufficient if substantially in the following form:

PETITION ON LOCAL OPTION ELECTION
RESPECTING WORK, LABOR OR BUSINESS
ON SUNDAY 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 said 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 said county court to call and hold a local option election upon the following question:

Shall the provisions of section 25, article 10, chapter 61 of the code of West Virginia, one thousand nine hundred thirty-one, 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.)

Upon the filing of a petition for a local option election in accordance with the provisions of this section, the county court shall enter an order calling a local option election and providing that the same shall be held at the same time and as a part of the next primary or general election to be held in said county. Said county court shall give notice of such local option election by publication thereof as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. Such notice shall be so published within fourteen consecutive days next preceding said election.

Each person qualified to vote in said county at said primary or general election shall likewise be qualified to vote at the local option election. The election officers appointed and qualified to serve as such at said primary or general election shall conduct said local option election in connection with and as a part of said primary or general election. The ballots in said local option election shall be counted and returns made by the election officers and the results certified by the commissioners of election to said county court which shall canvass the ballots, all in accordance with the laws of the state of West Virginia relating to primary and general elections insofar as the same are applicable. The county court shall, without delay, canvass the ballots cast at said local option election and certify the result thereof.

The ballot to be used in said local option election shall have printed thereon substantially the following:

"Shall the Sunday Closing Law continue in effect in ........ County of West Virginia?

/ / Yes / / No

(Place a cross mark in the square opposite your choice.)"

If a majority of the voters voting at any such local option election vote no on the foregoing question, the provisions of section twenty-five, article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, shall no longer continue in effect in said county.


State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 61 > 61-10-28

§61-10-28. Same -- Local option election; petition; election procedure; form of ballot; effect of such election.
The county court of any county is hereby authorized to call a local option election for the purpose of determining the will of the voters as to whether the provisions of section twenty-five of this article shall continue in effect in said county.

A petition for such local option election shall be in the form hereinafter specified and shall be signed by qualified voters residing within said county equal to at least ten percent of the persons qualified to vote within said county at the last general election. Said petition may be in any number of counterparts and shall be sufficient if substantially in the following form:

PETITION ON LOCAL OPTION ELECTION
RESPECTING WORK, LABOR OR BUSINESS
ON SUNDAY 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 said 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 said county court to call and hold a local option election upon the following question:

Shall the provisions of section 25, article 10, chapter 61 of the code of West Virginia, one thousand nine hundred thirty-one, 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.)

Upon the filing of a petition for a local option election in accordance with the provisions of this section, the county court shall enter an order calling a local option election and providing that the same shall be held at the same time and as a part of the next primary or general election to be held in said county. Said county court shall give notice of such local option election by publication thereof as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. Such notice shall be so published within fourteen consecutive days next preceding said election.

Each person qualified to vote in said county at said primary or general election shall likewise be qualified to vote at the local option election. The election officers appointed and qualified to serve as such at said primary or general election shall conduct said local option election in connection with and as a part of said primary or general election. The ballots in said local option election shall be counted and returns made by the election officers and the results certified by the commissioners of election to said county court which shall canvass the ballots, all in accordance with the laws of the state of West Virginia relating to primary and general elections insofar as the same are applicable. The county court shall, without delay, canvass the ballots cast at said local option election and certify the result thereof.

The ballot to be used in said local option election shall have printed thereon substantially the following:

"Shall the Sunday Closing Law continue in effect in ........ County of West Virginia?

/ / Yes / / No

(Place a cross mark in the square opposite your choice.)"

If a majority of the voters voting at any such local option election vote no on the foregoing question, the provisions of section twenty-five, article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, shall no longer continue in effect in said county.