§3-7-7. Circuit court to hear county, district, and municipal contests; procedure; review.
207 words·~1 min read·
/wv/chapter-3-elections/article-7-contested-elections/3-7-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The circuit court with jurisdiction over the county or district where the election took place shall hear and decide election contests initiated pursuant to §3-7-6 of this code.
(b)At the trial of the contest, the circuit court shall hear all legal and proper evidence that may be brought before it by either party, and may, if considered necessary, require the production of the poll books, certificates, and ballots deposited with the county clerk or municipal recorder or clerk, and examine the same.
(c)A contestant has the burden of proof in an election contest.
(d)At the conclusion of the trial of the contest, the circuit court shall direct that a certified copy of the order declaring the result of the contest shall be delivered by the clerk of the circuit court wherein the contest was held to the parties.
(e)An appeal of the decision of the circuit court shall be to the Supreme Court of Appeals.
(f)The Supreme Court of Appeals, exercising the rule-making power granted by §51-1-4 of this code, may promulgate rules and regulations consistent with this article governing the pleadings, practice, and procedure to be employed during county, district, and municipal election contests in the courts of this state.