HB 2702 — Relating to vacancies in offices of state officials

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 2702 By Delegates Akers and Maynor [By(By Request of the State Treasurer]Treasurer) [Originating in the Committee on the Judiciary;

Reported on March 11, 2025] Eng CS for SBHB 5862702 A BILL to amend and reenact §3-10-3, §3-10-4, §3-10-5, §3-10-6, §3-10-7, and §3-10-8 of the Code of West Virginia, 1931, as amended, and to amend and reenact §50-1-6 of said Code;

The Governor shall make the appointment from a list of three legally qualified persons submitted by the party 1Eng CS for SBHB 5862702 executive committee of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time the vacancy occurred of the previous election for that office.

(c) Any vacancy in the office of magistrate is appointed according to the provisions of §50- 1-6 of this code, and, if the unexpired term be for a period of more than two years, by a subsequent 2Eng CS for SBHB 5862702 nonpartisan judicial election held concurrently with the primary or general election, whichever occurs first, to fill the remainder of the term, as required by §3-10-3(d) of this code.

(a) (1) If there is a vacancy in the representation from this state in the House of Representatives in the Congress of the United States, the Governor shall, within five days after the 3Eng CS for SBHB 5862702 fact comes to his or her knowledge, issue a proclamation setting dates for a special general election that is not less than 84 nor more than 120 days from the date of the vacancy and requiring nomination of candidates as provided in §3-10-4(a)(2) of this code:

or 4Eng CS for SBHB 5862702 (2) If the vacancy occurs after the primary cutoff date, but on or before the general cutoff date, then the Governor shall issue a proclamation providing for:

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 Eng CS for HB 2702 member resided at the time of his or her election or appointment.

The appointment to fill a vacancy 5 CS for SB 586 in the House of Delegates is for the unexpired term.

Eng CS for HB 2702 (c) If an election is necessary, the circuit court, or the chief judge thereof in vacation, is 6 CS for SB 586 responsible for the proper proclamation, by order and notice required by section one of this article.

Within 15 days from the Eng CS for HB 2702 date on which the list is received, the county commission or council shall appoint a candidate from the list to fill the vacancy.

7 CS for SB 586 (1) In a county having three elected county commissioners, if the county commission or council fails to make the appointment within the specified time, then the county commissioner or councilor with the longest tenure shall eliminate one name from the submitted list, followed by the county commissioner or councilor with the second-longest tenure then eliminating one name from the submitted list.

(B) After the county commissioners or councilors affiliated with the same party from which the vacating commissioner, councilor, or clerk was elected make their strikes, the remaining county commissioners or councilors shall follow the same procedure in the same order of Eng CS for HB 2702 precedence provided herein.

8 CS for SB 586 (c) If the number of vacancies in a county commission or council deprives that body of a quorum, the Governor shall make an appointment to fill any vacancy in the county commission or council necessary to create a quorum, from a list of three legally qualified persons submitted by the party executive committee of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time of the previous election for that office.

(g) §3-10-1 of this code shall be followed with respect to any election needed to fill a vacancy, except that if the vacancy occurs after the primary cutoff date but not later than the general cutoff date, candidates to fill the vacancy shall be nominated by the county executive committee in the manner provided in §3-5-19 of this code, as in the case of filling vacancies in nominations, and the names of the persons, so nominated and certified to the clerk of the county Eng CS for HB 2702 commission or council of the county, shall be placed upon the ballot to be voted at the next general election.

9 CS for SB 586 (h) If the election for an unexpired term is held at the same time as the election for a full term for county commissioner or councilor, the full term shall be counted first and the unexpired term shall be counted second.

(d) Section one of this article shall be followed with respect to any election needed to fill a vacancy, except that if the vacancy occurs after the primary cutoff date but not later than the Eng CS for HB 2702 general cutoff date, candidates to fill the vacancy shall be nominated by the county executive committee in the manner provided in §3-5-19 of this code, as in the case of filling vacancies in 10 CS for SB 586 nominations, and the names of the persons, so nominated and certified to the clerk of the county commission of the county, shall be placed upon the ballot to be voted at the next general election.

NOTE:

The purpose of this bill is to authorize the Governor to appoint an acting official to perform the duties of the constitutional officer until the office is filled by appointment by the Governor.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.