West Virginia § 3-1-38 - 3-1-38. Disorder at polls; procedure.
Full text of West Virginia West Virginia Code § 3-1-38 — 3-1-38. Disorder at polls; procedure., with citation guidance and answers to common questions.
§ 3-1-38. 3-1-38. Disorder at polls; procedure.
The commissioners of election shall preserve order at, and in the vicinity of, the polls, and keep the way to the polls open and free from obstruction, and may direct disorderly persons to be removed therefrom, and, if necessary and proper, to be taken and held in custody until sunrise of the next day, or for any shorter time, which may be done by any sheriff or constable or other person or persons designated by the commissioners of election. For such purpose no warrant or authority in writing shall be necessary. The jail of the county or other place designated by the commissioners of election may be used as the place of custody. But any person so arrested shall have an opportunity to vote, if he be entitled to do so, before he shall be committed to jail, if he so desires and shall be prepared to do so promptly.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 3-1-38
What does West Virginia Code § 3-1-38 cover?
Section 3-1-38 ("3-1-38. Disorder at polls; procedure.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 3-1-38?
A common citation format is "West Virginia Code § 3-1-38" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 3-1-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.