H. B. 2936
(By Delegates Lawrence, Varner, Armstead,
Caputo, Carmichael and Kominar)
[Passed March 11, 2011; in effect ninety days from passage.]
AN ACT to
amend and reenact §3-5-17 of the Code of West Virginia,
1931, as amended, relating to changing the date of the
canvassing of votes in a primary election from the Friday
following a primary election to the fifth day following a
primary election that is not a Saturday, Sunday or legal
Be it enacted by the Legislature of West Virginia:
That §3-5-17 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-17. Canvassing and certifying returns; recount procedures.
The commissioners of the county commission, sitting as a board
of canvassers, shall convene at the courthouse of the county on the
fifth day following any primary election, which is not a Saturday,
Sunday or legal holiday, and shall proceed to canvass the returns
of the election. The procedures prescribed in section nine,
article six, of this chapter relating to canvass of general
election returns, shall, where adaptable, be applied in the canvass
of the primary election returns. The board shall proceed to ascertain the result of the election in the county and district and
election precincts and cause to be prepared and recorded in the
primary election precinct record book a table or tables which show,
as to each candidate of each political party for each office, the
number of votes cast for him or her at each precinct and the total
number cast in the entire county. The board shall then make up and
enter in said record book a certificate for each political party
showing, as to each candidate for each political party for each
office, the total number of votes, in words and figures, cast for
him or her in the entire county and the number of votes received by
all the candidates of such party in such district in the following
The board of canvassers of the county of ................ of
West Virginia, having carefully and impartially examined the
returns of the primary election held in said county on the .......
day of ..........., 19...., do hereby certify that in said county
or district, at said election, on the official ballot of the
.................. party for the office of ..............., A. B.
received ............ (......) votes; C. D. received ..............
And so on for each office for each political party according
to the truth. When the certificates are all entered, the report
shall be signed by the members of the board or by a majority of
the board. Such members shall also sign separate certificates of
the result of the election, within the county, for each of the
offices to be filled by each political party
as provided by the following section.
The provisions of article six of this chapter, relating to the recount of votes in general elections, shall, to the extent
applicable, be operative in primary and other elections conducted
under provisions of this article.