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WEST VIRGINIA CODE

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WVC 8-5-15 §8-5-15. Tie vote.
Whenever two or more individuals shall receive an equal number of legal votes for the same office, if such number be the highest cast for such office, the individuals under whose supervision the election is held shall decide by lot which of them shall be returned as elected, and shall make their return accordingly.

Note: WV Code updated with legislation passed through the 2012 1st Special Session