W. Va. Code R. § 110-16-27

Current through Register Vol. XLI, No. 52, December 27, 2024

Section 110-16-27 - County Option Election

27.1. The county commission may call a local option election to determine if the provisions of this act will continue in their county. But, no local option election can be called to disapprove the playing of bingo games at the State Fair. Bingo shall be permitted in all counties unless and until a local option election is held which results in a majority of voters determining that the provisions of the act will not continue in force and effect in that county.

27.2. A petition for election shall be filed with the county commission. The form shall be substantially as follows:

PETITION ON LOCAL OPTION ELECTION

RESPECTING THE CONDUCT OF BINGO AND SUPER BINGO GAMES FOR CHARITABLE PURPOSES IN _______________ COUNTY WEST VIRGINIA

Each of 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 (20), 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 election may be called.

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

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

27.5. 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.

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

27.7. The form for the ballot shall be substantially as follows:

"Shall the playing of bingo 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

27.8. If a majority vote no, then the act no longer continues in effect in that county.

27.9. There shall be five (5) years between local option elections on this question, whether the question was approved or disapproved at the previous local option election.

W. Va. Code R. § 110-16-27