SB 50 — Requiring one-year residency within district or county to fill vacancy in Legislature

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 50 ByBYSENATORHAMILTON Senator[Originating Hamiltonin [Introducedthe JanuaryCommittee 11,on 2023;the Judiciary;

referredreported toon theFebruary Committee02, on2023] theCS Judiciary]for Intr SB 50 2023R1501 A BILL to amend and reenact §3-10-5 of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-10-5a, relating to requiring one-year residency within the districtfilling orof countyvacancies prior to appointment to fill a vacancy to a seat in the Legislature.Legislature;

and providing that an individual must reside within the district he or she would represent for one year prior to appointment in order to be eligible to fill a vacancy in the Legislature.

§3-10-5a.§3-10-5.

ResidencyVacancies within district or county required for one year prior to appointment to vacancy in Statestate Legislature.

No(a) personAny shallvacancy bein appointedthe tooffice fillof astate vacancysenator inor member of the officeHouse of StateDelegates Senatorshall orbe asfilled by appointment by the Governor, from a memberlist of three legally qualified persons submitted by the Houseparty ofexecutive Delegatescommittee whoof hasthe notsame forpolitical oneparty yearwith precedingwhich the appointmentperson beenholding athe residentoffice withinimmediately preceding the districtvacancy orwas countyaffiliated heat orthe shetime willthe represent.vacancy occurred.

The list of qualified persons to fill the vacancy shall be submitted to the Governor within 15 days after the vacancy occurs and the Governor shall duly make his or her appointment to fill the vacancy from the list of legally qualified persons within five days after the list is received.

If the list is not submitted to the Governor within the 15-day period, the Governor shall appoint within five days thereafter a legally qualified person of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time the vacancy occurred.

(b) In the case of a member of the House of Delegates, if the member was elected to a multi-county delegate district the list shall be submitted by the party executive committee of the delegate district in which the vacating member resided at the time of his or her election or appointment.

If the member was elected to a delegate district situated entirely within a single county, the list shall be submitted by the county executive committee in which the vacating member resided at the time of his or her election or appointment.

The appointment to fill a vacancy in the House of Delegates is for the unexpired term.

(c) In the case of a state senator, if the member was elected to a multi-county senatorial district the list shall be submitted by the party executive committee of the state senatorial district CS for SB 50 in which the vacating senator resided at the time of his or her election or appointment.

If the member was elected to a senatorial district situated entirely within a single county, the list shall be submitted by the county executive committee in which the vacating member resided at the time of his or her election or appointment.

The appointment to fill a vacancy in the state Senate is for the unexpired term, unless §3-10-1 of this code requires a subsequent election to fill the remainder of the term, which shall follow the procedure set forth in said section.

(d) No person shall be appointed to fill a vacancy in the office of state senator or as a member of the House of Delegates who has not for one year preceding the appointment been a resident within the district he or she will represent.