Laws governing local ballot measures in West Virginia

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

West Virginia Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV

Some West Virginia cities have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in West Virginia. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 55 counties, 231 cities, towns, and villages, and 298 special districts.

School districts

See also: School bond and tax elections in West Virginia

School bond and tax elections in West Virginia are held under three circumstances:

• To exceed levy limits depending on the class of property.
• To issue bonds for capital improvements
• To issue new taxes on bonding

Local recall rules

The recall of local elected government officials in West Virginia is governed by WV Code §8-12-4. This statute applies to "any city" with a "charter provision."

In West Virginia, the right of recall extends to any elected officer of a city that has a city charter that provides for recall. The right of recall in West Virginia does not extend to city officials in non-charter cities or charter cities that do not specifically authorize recall. The right of recall also does not extend to county officials, officials of special districts, members of school boards, members of the West Virginia State Legislature, representatives from West Virginia to the U.S. Congress or to statewide constitutional officers such as the Governor of West Virginia.

For additional detail, see: Laws governing recall in West Virginia

Initiative process availability

The only local units of government in West Virginia that make the initiative process available are charter cities, all 108 of which have a mandated process for charter amendment. Charter cities may also authorize initiative for ordinances.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Article VI, Section 39 of the West Virginia Constitution gives cities the power to create and amend their own charters.

Statutes

West Virginia Code §8-4-7 mandates initiative and referendum for charter amendments.

“

The governing body of a city shall provide by ordinance for a special municipal election to pass upon a proposed charter amendment or amendments if (1) such governing body by the affirmative vote of two thirds of its members shall determine and specify that a special municipal election is necessary; or (2) a petition bearing the signatures, written in their own handwriting, of fifteen percent of the qualified voters of the city, if a Class I or Class II city, or ten percent of the qualified voters of the city, if a Class III city, expressly requesting that a special municipal election be called for the purpose has been filed with the governing body more than one hundred twenty days prior to the date of the next regular municipal election. In all other cases, a proposed charter amendment or amendments shall be submitted by ordinance at the next regular municipal election.

”

West Virginia Code §8-12-4 grants cities the authority to provide by charter provision for initiative and referendum for city ordinances.

“

Any city may by charter provision provide for any or all of the following:(1) The initiation of ordinances by petition bearing the signatures, written in their own handwriting, of not less than ten percent of the qualified voters of such city;(2) The submission to the qualified voters of such city of a proposed ordinance at a regular municipal election or special municipal election upon petition bearing the signatures, written in their own handwriting, of not less than ten percent of the qualified voters of such city or upon resolution of the governing body of such city.

”

Initiative process features

A guide to local ballot initiatives

West Virginia has a state mandated charter amendment process through initiative petitions detailed in West Virginia Code §8-4-7.

Charter City Initiative Process   Petition text approval There is no process for approval of the petition prior to circulation. Signatures required 15% of qualified voters if class I or class II city. 10% of qualified voters if class III city. Circulation No specific regulations are mentioned in state statutes. Petition appearance and content No specific regulations are mentioned in state statutes. Scheduling and out come of election If the petition expressly requests a special election and is turned in more than 120 days prior to the next regular election then a special election shall be called within 60 but after 30 days of approval by the governing body in the form of an ordinance. Otherwise all charter amendments will be submitted at the next regular election. A majority vote determines the outcome of the election.

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

The top 10 most populated cities in West Virginia are all governed under a charter. Initiative is available for charter amendments. In addition, five of the cities below have authorized initiative for ordinances. Provisions below come from the specific city charter. Click on the links to view the full initiative requirements.

Individual city provisions   Charleston Population according to the July, 2011 census update: 51,177. As a charter city, the process for changing the charter is mandated by the state and is found in state law and is laid out above. The process for initiating ordinances; however, is found here and is contained in the city charter. Signature requirement is 10% of the number of votes cast for the office of mayor at the last preceding municipal election. Petition content requirements are in Charleston Charter, Sec. 92. After certification, the council has 30 days to adopt or shall submit at the next regular municipal election which is to be held not less than 60 days after such petition is filed. If signed by 15%, a special election is possible. Majority vote passes the ordinance. No ordinance or amendment to an ordinance adopted by the voters at any such election shall be repealed or amended by the city council. Charleston Charter, Sec. 89 and 92 Huntington Population according to the July, 2011 census update: 49,253. While it is a charter city, the charter could not be found online. The details for the charter amendment process are given above in the charter amendment process section. Update to come. Parkersburg Population according to the July, 2011 census update: 31,557. As a charter city, the process for changing the charter is mandated by the state and is found in state law and is laid out above. The process for initiating ordinances; however, is found here and is contained in the city charter.Signature requirement is 15% of the total number of qualified voters registered to vote at the last regular city election. Petition content requirements are in Parkersburg Charter, Sec. 8.02, 8.03. After certification, the council has 60 days to adopt or shall submit at a regular or special election not less than 30 days and not later than one year from the date of the final council vote thereon. Majority vote passes the ordinance. Restrictions: Initiative shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. Parkersburg Charter, Art. VIII Morgantown Population according to the July, 2011 census update: 30,293. As a charter city, the process for changing the charter is mandated by the state and is found in state law and is laid out above. The process for initiating ordinances; however, is found here and is contained in the city charter.Signature requirement is 10% of the total number of qualified voters registered to vote at the last regular city election. Any 5 qualified voters may commence initiative proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee, with other required content in Morgantown Charter, Sec. 8.02. The clerk then issues blank petitions, with content requirements in Sec. 8.03. After certification, the council has 60 days to adopt or shall submit at a regular or special election not less than 30 days and not later than one year from the date of the final council vote thereon. Majority vote passes the ordinance. Restrictions: Initiative shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. Morgantown Charter, Art. VIII Wheeling Population according to the July, 2011 census update: 28,355. As a charter city, the process for changing the charter is mandated by the state and is found in state law and is laid out above. The process for initiating ordinances; however, is found here and is contained in the city charter. Signature requirement is 10% of the qualified voters of the city. Petition content requirements are in Wheeling Charter, Sec. 17 and 81. After certification, the council has 20 days to adopt or shall call a special election, unless a general election is to be held within 90 days thereafter. Majority vote passes the ordinance. Any ordinance proposed by petition, or which has been adopted by a vote of the people, shall not be repealed or amended except by a majority vote of the people. Wheeling Charter, Sec. 17 and 81 Weirton Population according to the July, 2011 census update: 19,651. The city charter does not authorize initiative for ordinances. Charter amendment by initiative is available as provided above in the . Fairmont Population according to the July, 2011 census update: 18,764. As a charter city, the process for changing the charter is mandated by the state and is found in state law and is laid out above. The process for initiating ordinances; however, is found here and is contained in the city charter.Signature requirement is 15% of the total number of qualified voters registered to vote at the last regular city election. Any 5 qualified voters may commence initiative proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee, with other required content in Fairmont Charter, Sec. 8.02. The clerk then issues blank petitions, with content requirements in Sec. 8.03. After certification, the council has 60 days to adopt or shall submit at a regular or special election not less than 30 days and not later than one year from the date of the final council vote thereon. Majority vote passes the ordinance. Restrictions: Initiative shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. Fairmont Charter, Art. VIII Beckley Population according to the July, 2011 census update: 17,675. Beckley is a charter city and does not authorize initiative for ordinances. Charter amendment by initiative available as provided above. Martinsburg Population according to the July, 2011 census update: 17,487. Martinsburg is a charter city and does not authorize initiative for ordinances. Charter amendment by initiative available as provided above. Clarksburg Population according to the July, 2011 census update: 16,649. Clarksburg is a charter city and does not authorize initiative for ordinances. Charter amendment by initiative available as provided above.

External links

• Research document of West Virginia local I&R laws
• West Virginia league of cities