§3-1-8. Political party defined; parties or groups that may participate in municipal primary elections.
Any affiliation of voters representing any principle or organization which, at the last preceding general election, polled for its candidate for Governor at least one per cent of the total number of votes cast for all candidates for that office in the state, shall be a political party, within the meaning and for the purpose of this chapter: Provided, That notwithstanding the foregoing provisions of this section, the governing body of any municipality may, by ordinance adopted by the affirmative vote of at least three fourths of the members of such governing body by recorded vote, provide that municipal political parties or groups within such municipality that do not meet the requirements of this section for classification as a political party may participate in the primary elections of any such municipality. Any such ordinance shall contain provisions implementing the foregoing proviso, which implementing provisions shall conform as nearly as practicable to any general provisions of law relating to municipal primary elections.
Notes of Decisions
Erik Patrick Wells v. Charles T. Miller, 791 S.E.2d 361 (W. Va. 2016).
· cites it 11× “See W. Va. Code § 3-1-8 (1965) (“Any affiliation of voters representing any principle or organization which, at the last preceding general election, polled for its candidate for Governor at least one percent of the total number of votes cast for all candidates for that office in…”
Write-in Pritt Campaign v. Hechler, 447 S.E.2d 612 (W. Va. 1994).
· cites it 19× “” W.Va.Code § 3-1-8. We agree with Respondent’s contention that the concept of an “affiliation of voters” necessarily suggests consent or agreement with regard to their representation.”
SER Donald L. Blankenship v. Mac Warner, 825 S.E.2d 309 (W. Va. 2018).
· cites it 7× “See W.Va. Code § 3-1-8 (stating that an officially recognized political party is established when an affiliation of voters polled at least one percent in the previous gubernatorial election).”
Fishbeck v. Hechler, 85 F.3d 162 (4th Cir. 1996).
· cites it 2× “W. Va. Code §§ 3-1-8 and 3-5-23. West Virginia law requires candidates for offices other than president or vice-president to submit such nominat- ing petitions no later than the day preceding the primary,2 which is held on the second Tuesday in May.”
Matter of Vandelinde, 366 S.E.2d 631 (W. Va. 1988).
“It is not a political party as defined in W.Va.Code, 3-1-8, or W.Va.Code, 3-1-13. In view of the fact that this issue was not raised below, we decline to decide it.”
Daly v. Tennant, 216 F. Supp. 3d 699 (S.D. W. Va. 2016).
· cites it 4× “]” W. Va. Code § 3-1-8 , in part. As stated in footnote 1, supra, the Democratic, Republican, Mountain, and Libertarian parties are recognized currently in West Virginia.”
Nelson v. Warner, 477 F. Supp. 3d 486 (S.D. W. Va. 2020).
“The West Virginia Democratic Party is a state political party as defined by West Virginia Code §§ 3-1-8 and 3-8-1a(30). Stips. ¶ 9. Party members include all registered Democrats in the state, including those running in the upcoming general election.”
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