Election-Related Complaint Procedures

• In order to file an election-related complaint with the Secretary of State, the complaint must be submitted to our office in writing, be notarized, and signed and sworn by the person filing the complaint. 
• The Secretary of State may consolidate complaints received.
• At the request of the complainant, there shall be a hearing on the record.
• Violations of any of the provisions of WV Code Chapter 3 (elections) shall be punishable in accordance with the provisions of §3-9-1. 
• If, under the procedures, the Secretary of State determines that there is no violation, the Secretary of State shall dismiss the complaint and publish the results of the procedures.
• The Secretary of State shall make a final determination with respect to a complaint prior to the expiration of the ninety-day period, which begins on the date the complaint is filed, unless the complainant consents to a longer period for making a determination.
• If the Secretary of State fails to meet the deadline applicable under subdivision (8) of §3-1-50, the complaint shall be resolved within sixty days under alternative dispute resolution procedures established for purposes of §3-1-50. The record and other materials from any proceedings conducted under the complaint procedures established under §3-1-50 shall be made available for use under the alternative dispute resolution procedures.

If you would like to view the printable complaint form, please click on the following link Election Complaint Form.