Laws governing local ballot measures in West Virginia
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This page describes the state constitutional provisions and statutes that govern local ballot measures in West Virginia. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.
Explore the links below for more information:
- Laws addressing local ballot measure powers in West Virginia
- General requirements for local ballot measures
- Rules for citizen-initiated local ballot measures
- Rules for referred local ballot measures
Law
The West Virginia Constitution and West Virginia Code establish the rules that govern local ballot measures in the state.
- Constitution: Section 39a, Article VI, West Virginia Constitution
- Statute: West Virginia Code, Chapters 3 and 8
General
The following outlines the general rules that govern local ballot measures in West Virginia, including both citizen-initiated measures and referred measures from local government bodies.
- Election timing:
- If a petition was filed for a charter formation or amendment 120 or more days before a general or regular election, city officials can place the question on a special election ballot. The special election must be held between 30 and 60 days from the date the petition was filed. For all other charter formation questions, initiated or referred, state law requires they appear on the next general or regular municipal election.[1]
- Bond elections must be held at the next primary or general election.[2]
- Vote requirements:
Initiatives
The following outlines additional rules that govern local citizen-initiated ballot measures in West Virginia.
- Authority: West Virginia Code authorizes voters to initiate the formation and amendment of city charters. State law also authorizes cities, through their charters, to provide voters with initiative and referendum powers.[1][6]
- Signatures:
- The number of signatures for initiated charter amendments depends on the class of the city, ranging from 10% of qualified voters for a Class III city to 15% of qualified voters for Class I and II cities.[1]
- The number of signatures required for initiated ordinances or referendums is 10% of the qualified voters of the city.[6][7]
- Deadlines: There is no circulation deadline specified in state law for initiatives. For referendums, petitions must be filed within 30 days of the ordinance's publication.[7]
Referrals
The following outlines additional rules that govern local referred ballot measures in West Virginia.
- Authority: Section 39a of Article VI of the West Virginia Constitution authorizes cities to adopt and amend charters. State law authorizes county courts, cities, or school districts to issue bonds for certain capital improvements and levy taxes to repay the bonds.[8][9]
- Deadlines: For regular or general elections, ordinances calling for a charter amendment election must be published 30 days before the election in the city.[10]
Laws governing local ballot measures in the U.S.
Laws governing local ballot measures in the United States
As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.
See also
- Laws governing local ballot measures
- Laws governing ballot measures in West Virginia
- Local ballot measures, West Virginia
- Counties in West Virginia
Footnotes
- ↑ 1.0 1.1 1.2 West Virginia Legislature, "West Virginia Code §8-4-1. Initiation of proceedings for framing a charter," accessed December 16, 2025
- ↑ West Virginia Legislature, "West Virginia Code §13-1-7. When election to be held," accessed December 16, 2025
- ↑ West Virginia Legislature, "West Virginia Code, §8-4-7. Revising or amending a charter — generally," accessed December 16, 2025
- ↑ West Virginia Legislature, "West Virginia Code, §11-8-17. Special levy elections; notices; conduct of election; supplies; canvass of returns; form of ballot," accessed December 16, 2025
- ↑ West Virginia Legislature, "West Virginia Code, §13-1-4. Bond issue proposal to be submitted to voters; election order," accessed December 16, 2025
- ↑ 6.0 6.1 West Virginia Legislature, "West Virginia Code, §8-12-4. Power to provide by charter for initiative, referendum and recall," accessed December 16, 2025
- ↑ 7.0 7.1 West Virginia Legislature, "West Virginia Code, §7A-8-1. Charter amendment," accessed December 16, 2025
- ↑ West Virginia Legislature, "Chapter 13. Public indebtedness," accessed December 16, 2025
- ↑ West Virginia Legislature, "West Virginia Code, §3-8-1a. Definitions," accessed December 16, 2025
- ↑ West Virginia Legislature, "West Virginia Code, §8-4-2. Charter board; number of members; qualifications of members; nominations; notice; ballots and ballot labels; election of a charter board; effect of vote on question as to charter board," accessed December 16, 2025
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