http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=03&art=10
Section 3-10-3
“...if the unexpired term of any other office named in this section is for a period of less than two years and six months, the appointment to fill the vacancy is for the unexpired term. If the unexpired term of any office is for a longer period than above specified, the appointment is until a successor to the office has timely filed a certificate of candidacy, has been nominated at the primary election next following such timely filing and has thereafter been elected and qualified to fill the unexpired term”
In West Virginia, candidates for the nomination of the Democratic and Republican Party had until January 30th to file (the primary having been in May) (third party and independent candidate have until July 30th to file, and write-in candidates have until a later day to file).
The filing issue therefore does pose a problem for the administration of a special election, upon a vacancy opening up after the filing deadling for the primary although still longer than 2 and 1/2 years until the expiration of the term.
Given West Virginia’s schedulde of election; i.e., only in November of even-numbered years, with early primaries and even earlier filing dates, it looks as though, effectively, the Governor fills vacancies of up to three years in length.
I agree. See my post #71 — I found the WV Supreme Court case right after I asked the question.
Thank you for your response.
Well, I’ve just reread your post. And now I’m not so sure of my earlier response. The law seems to have been written on the assumption that all the candidates for a vacancy would be elected in a primary election. But that’s obviously discriminatory against write-in candidates.
In the 1994 WV Supreme Court case, it was the Republicans who brought suit. So the issue of a candidate who was a write-in candidate wasn’t present.
I rarely agree with Sen. Byrd, although I applaud his advice that everyone should read and understand our Constitution. But I certainly do not wish him ill. I hope he makes a full recovery.
Having said that, suppose he resigns tomorrow — so that there is more than a 2.5 year period at stake. Then suppose candidates just say, well, I want to run as a write in candidate, the timely filing of a certificate of candidacy for me isn’t until September 21, and there is no primary for me. That would, I suspect, present a new issue to the WV Court.
It would be interesting to see the legislative history on this provision. Did testimony — or debate in the legislature — indicate that if there was a vacancy of more than 2.5 years then there would be a quick election? If it did, I’d guess the WV Supreme Court might have to allow an election this fall. (And you can be sure that will be a good day for Cable News if there’s a case like this.)
Well, obviously, I’m not an attorney, but it is fun to think about these things, isn’t it?
Thanks so much for the info that you provided.