§3-9-7. Wrongful refusal or allowance of votes; malicious or
frivolous challenges; penalties.
Any election officer who refuses the vote of a duly registered
and qualified voter, whom he knows is entitled to vote or who
accepts the vote of a person whom he knows to be not lawfully
registered, without challenging such persons, shall be guilty of a
misdemeanor, and, upon conviction, fined not more than one thousand
dollars or confined in the county jail for not more than one year,
or both, at the discretion of the court.
Any person who shall maliciously or frivolously, and without
probable cause, challenge the right of any person to vote, shall be
guilty of a misdemeanor, and, upon conviction, be fined not more
than one hundred dollars or confined in the county jail for not
more than ninety days, or both, in the discretion of the court.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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