West Virginia Code 3-11-5 – Certificates of election commissioners; canvass of vote; certifying result
As soon as the result is ascertained as to an amendment to the Constitution, the commissioners, or a majority of them, and the canvassers (if there be any), or a majority of them, at each place of voting, shall make out and sign two certificates thereof as to each separate amendment, which certificates shall be in the following form or to the following effect:
Terms Used In West Virginia Code 3-11-5
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
- Election: shall mean the procedure whereby the voters of this state or any subdivision thereof elect persons to fill public offices, or elect members of a Constitutional convention, or vote on public questions. See West Virginia Code 3-1-2
- Office: shall be construed to mean "public office" which shall include (1) any elective office provided for by the Constitution or laws of the United States or of this state to which a salary or other compensation attaches, and (2) membership in a Constitutional convention. See West Virginia Code 3-1-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
"We, the undersigned, who acted as commissioners (or canvassers, as the case may be), of the election held at Precinct No…………….., in the district of ………………, in the county of …………, on the ……. day of ……………., one thousand nine hundred …………………., upon the question of ratification or rejection of the proposed Constitutional amendment, do hereby certify that the result of said election was as follows:
"Amendment No. ……………………………….
(title of amendment)
"For ratification ……………. votes.
"Against ratification ………… votes.
"Given under our hands this …….. day of ……………., one thousand nine hundred …………………"
The said two certificates shall correspond with each other in all respects and contain the full and true returns in said election at each place of voting on said question. The said commissioners, or any one of them (or said canvassers, or any one of them, as the case may be), shall, within four days, excluding Sunday, after that on which said election was held, deliver one of said certificates to the clerk of the county court of his county, together with the ballots, and the other to the clerk of the circuit court of the county.
The said certificates, together with the ballots cast on the question of said proposed amendment, shall be laid before the commissioners of the county court within such time as will enable the commissioners of the county court to convene as a board of canvassers on the fifth day (Sundays excepted) after such election for the purpose of ascertaining the result of said election. As soon as the result of said election in the county upon the question of such ratification or rejection is ascertained, two certificates of such result shall be made out and signed by said commissioners as a board of canvassers, in the following form or to the following effect:
"We, the board of canvassers of the county of ……………, having carefully and impartially examined the returns of the election held in said county, in each district thereof, on the ………. day of …………………, one thousand nine hundred ………….., do certify that the result of the election in said county, on the question of the ratification or rejection of the proposed amendment is as follows:
"Amendment No…………………………………
(title of amendment)
"For ratification ……………. votes.
"Against ratification ………… votes.
"Given under our hands this ………. day of ………….., one thousand nine hundred ……………….."
Separate certificates shall be made as to each Constitutional amendment.
One of the certificates shall be filed in the office of the clerk of the county court and the other forwarded by registered mail to the Secretary of State, who shall file and preserve the same until the day on which the result of said election in the state is to be ascertained, as provided in section six of this article.