West Virginia Code 48-2-501

Unlawful acts by clerk of the county commission; penalties.

(a) It is unlawful for a clerk of the county commission to do any of the following acts: (1) To make a false entry as to the date of application for a marriage license; (2) To issue a marriage license prior to the end of the required three-day period (unless a circuit judge dispenses with this requirement by order pursuant to section 2-103); (3) To issue a license on any Sunday or a legal holiday; or (4) To receive an application for a marriage license or issue a marriage license in any place other than the office of the clerk of the county commission. (b) A clerk of the county commission who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $200 nor more than $1,000, or by confinement in the county or regional jail for not less than three months nor more than nine months, or by both such fine and confinement, in the discretion of the court.

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