WEST VIRGINIA CODE
WVC 7 A-
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
WVC 7 A- 7 -
ARTICLE 7. ELECTIONS ON METRO GOVERNMENT.
WVC 7 A- 7 - 1
§7A-7-1. Expenses for election.
The governing body of the affected county is responsible for
the expenses of holding an election on the question of
consolidation.
WVC 7 A- 7 - 2
§7A-7-2. Notice for election.
(a) At least sixty days prior to the election on the question
of metro consolidation, the governing bodies of the principal city
and affected county shall make copies of the proposed charter
available to the public.
(b) At least fourteen days prior to the election on the
question of metro consolidation, the governing body of the affected
county shall publish the proposed charter and provide notice of the
election, as a Class II legal advertisement, in a newspaper of
general circulation in the affected county.
WVC 7 A- 7 - 3
§7A-7-3. Election and ballots for metro government.
(a) After receiving the proposed charter from the metro
charter review committee, the governing body of the affected county
shall hold an election on the question of consolidation at the next
primary or general election in accordance with applicable election
laws and section two of this article.
(b) The ballots for the election on consolidation shall be as
follows:
[ ] For (name of metro government)
[ ] Against (name of metro government)
WVC 7 A- 7 - 4
§7A-7-4. Approval of metro government and charter.
If at least fifty-five percent of the legal votes cast by the
qualified voters of the principal city and fifty-five percent of
the legal votes cast by the qualified voters of the affected
county, excluding the principal city, approve consolidation, then
metro government becomes effective pursuant to the charter.
WVC 7 A- 7 - 4 A
§7A-7-4a. Modifying the percentage vote required to approve metro
government in municipal and countywide elections from
fifty-five percent to a majority in counties with
populations in excess of 150,000.
(a) Notwithstanding any other provision of this chapter to the
contrary, where the election is on the question of consolidation of
a county with a population exceeding 150,000, based on the 2000 or
2010 census of population taken under the authority of the United
States government, and a single Class I city that is the principal
municipality of the county, then metro government becomes effective
pursuant to the charter if a majority of the legal votes cast by
the qualified voters of the principal city and a majority of the
legal votes cast by the qualified voters of all incorporated and
unincorporated areas of the affected county, excluding the
principal city, approves the consolidation.
(b) As used in this section, a Class I city is a municipality
so classified under section three, article one, chapter eight of
this code.
WVC 7 A- 7 - 5
§7A-7-5. Rejection of charter and reconsideration process.
(a) If less than fifty-five percent of the legal votes cast by
the qualified voters of the principal city and less than fifty-five
percent of the legal votes cast by the qualified voters of the
affected county, excluding the principal city, approve
consolidation, then consolidation is defeated. The metro charter
review committee may reconvene for up to one year to adopt a second
proposed charter.
(b) When the second proposed charter is adopted by the metro
charter review committee, then the governing body of the affected
county shall hold another election on the second proposed charter
at the next primary or general election in accordance with
applicable election laws and section two of this article.
(c) The ballots for the election on the second proposed
charter shall be as follows:
[ ] For (name of metro government)
[ ] Against (name of metro government)
(d) If the second proposed charter is not approved by at least
fifty-five percent of the legal votes cast by the qualified voters
of the principal city and fifty-five percent of the legal votes
cast by the qualified voters of the affected county, excluding the
principal city, then the proposed consolidation is defeated. A new
metro charter review committee cannot be established for at least
two years after the second proposed charter is defeated.
WVC 7 A- 7 - 6
§7A-7-6. Municipalities within territory remain incorporated in
metro government.
Municipalities, other than the principal city, are not
automatically consolidated into the metro government. Upon the
approval by voters of metro consolidation, municipalities within
the territory of the metro government remain incorporated and
continue to perform their functions as permitted by law unless
dissolved or consolidated pursuant to section eight of this
article.
WVC 7 A- 7 - 7
§7A-7-7. Filing charter.
After the charter has been approved by at least fifty-five
percent of the legal votes cast by the qualified voters of the
affected county, the charter shall be filed with the Secretary of
State and recorded in the applicable county clerk's offices.
WVC 7 A- 7 - 8
§7A-7-8. Subsequent joining of municipality, county or metro
government to metro government.
(a) After a metro government has been in existence for at
least one year, a municipality, county or metro government may
request to join the metro government by submitting:
(1) A petition signed by at least fifteen percent of the
qualified voters in the municipality, county or metro government;
or
(2) A resolution by the governing body of the municipality,
county or metro government.
(b) Within thirty days of receipt of the petition or
resolution, the governing body of the metro government shall vote
to accept or reject the municipality, county or metro government
requesting to join.
(c) If the governing body of the metro government votes to
accept the municipality, county or metro government, then the
municipality, county or metro government shall hold an election on
consolidation at the next primary or general election. The
election shall be held in accordance with applicable election laws
and section two of this article.
(d) The ballots for the election on consolidation shall be as
follows:
[ ] For the (name of metro government)
[ ] Against the (name of metro government)
(e) If at least fifty-five percent of the legal votes cast by the qualified voters of the municipality, county or metro
government approve consolidation, then consolidation becomes
effective pursuant to the charter.
(f) If consolidation is not approved by at least fifty-five
percent of the legal votes cast by the qualified voters of the
municipality, county or metro government, then the consolidation is
defeated and cannot be voted upon for one year.
Note: WV Code updated with legislation passed through the 2012 1st Special Session