§3-1-38. Disorder at polls; procedure.
The commissioners of election shall preserve order at, and in
the vicinity of, the polls, and keep the way to the polls open and
free from obstruction, and may direct disorderly persons to be
removed therefrom, and, if necessary and proper, to be taken and
held in custody until sunrise of the next day, or for any shorter
time, which may be done by any sheriff or constable or other person
or persons designated by the commissioners of election. For such
purpose no warrant or authority in writing shall be necessary. The
jail of the county or other place designated by the commissioners
of election may be used as the place of custody. But any person so
arrested shall have an opportunity to vote, if he be entitled to do
so, before he shall be committed to jail, if he so desires and
shall be prepared to do so promptly.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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