WVC 3 - 7 - 4
§3-7-4. Contests of seats in Legislature; notices and procedure.
Any person intending to contest the election of another as
senator or delegate shall, within ten days after the election is
certified, give him or her notice thereof in writing and a list of
the votes he or she will dispute, with the objections to each, and
of the votes rejected for which he or she will contend. If the
contestant objects to the legality of the election or the
qualification of the person returned, the notice shall set forth
the facts on which the objection is founded. The person whose
election is contested shall, within ten days after receiving the
notice, deliver to the contestant a like list of the votes he or
she will dispute and of the objection to each, and of the rejected
votes he or she will claim; and, if he or she has any objection to
the qualification of the contestant, shall specify in the notice
the facts on which the objection is founded. Each party shall
append to the notice an affidavit that the matters therein set
forth, so far as they are stated of his or her knowledge, are true
and that, so far as they are stated on the information of others,
he or she believes them to be true. If new facts are discovered by
either party after he or she has given notice, he or she may give
an additional notice or notices to his or her adversary, with
specifications and affidavit as above prescribed.
The notice of contest shall be presented to the proper branch
of the Legislature, within ten days after its meeting.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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