Skip to main content

West Virginia Code Chapter 3. Elections § 3-1-38. Disorder at polls;  procedure

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

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.

Cite this article: FindLaw.com - West Virginia Code Chapter 3. Elections § 3-1-38. Disorder at polls;  procedure - last updated January 01, 2020 | https://codes.findlaw.com/wv/chapter-3-elections/wv-code-sect-3-1-38.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Thank you. Your response has been sent.

Copied to clipboard