W. Va. Code » §12-3-5. When requisition to Auditor sufficient authority for issuing warrant.
West Virginia Code

W. Va. Code § 12-3-5 (2026)

When requisition to Auditor sufficient authority for issuing warrant

✓ current as of May 2026
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ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.

§12-3-5. When requisition to Auditor sufficient authority for issuing warrant.

(a) When an appropriation has been made by law, subject to the order or payable on the requisition of a particular officer, board or person, the order or written or electronic requisition is sufficient authority to the Auditor to issue a warrant for the same or any party thereof.

(b) The Auditor:

(1) Shall accept an electronic requisition from Marshall University and West Virginia University in an unaltered format approved by the Auditor;

(2) May accept or require an electronic requisition from any entity other than Marshall University or West Virginia University at his or her discretion in an unaltered format approved by the Auditor; and

(3) May not issue a warrant for an amount that exceeds the appropriation or for an expired appropriation.

Notes of Decisions
Cited in 4 cases, 1980–2020 · leading case: West Virginia Univ. Bd. of Governors Ex Rel. West Virginia Univ. v. Rodriguez, 543 F. Supp. 2d 526 (N.D.W. Va. 2008).
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West Virginia Univ. Bd. of Governors Ex Rel. West Virginia Univ. v. Rodriguez, 543 F. Supp. 2d 526 (N.D.W. Va. 2008). · cites it 2× “W.Va.Code § 12-3-5. See Id. 6. All property of the University is property of the state.”
State Ex Rel. Holmes v. Gainer, 447 S.E.2d 887 (W. Va. 1994). · cites it 2× “Code, 12-3-1 (1990), and W.Va.Code, 12-3-5 (1923). At issue is the validity of the legislative pay raise contained in the Bill.”
State ex rel. Foster v. Gainer, 272 S.E.2d 666 (W. Va. 1980). “Code, 12-3-5, makes the order by the director of the administrative office of the supreme court sufficient authority for the auditor to issue the warrant: §12-3-5. When requisition to auditor sufficient authority for issuing warrant.”
West Virginia State Univ. Bd. of Governors v. The Dow Chem. Co. (S.D.W. Va 2020). · cites it 2× “W. Va. Code § 12-3-5 ; see id. § 12- 3-1.”
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