Thank you for this. But I need help understanding the provision. “....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.”
Hasn’t the West Virginia primary election already been been held? Even if there’s a run off primary (I have no idea if there is), isn’t it likely that the time frame for “timely” filing of a certificate of candidacy for the 2010 primary election has already passed?
Another question: Was the quote above “before” or “after” the amendment made in 2009 session that you refer to?
Thanks again for your post.
I’m not familiar with the WV statutes. I just posted from their site. But my understanding would be if the term of the replacement is less than 2 1/2 years then the gov appoints for the remainder of the term with no interim election. If greater than 2 1/2 years then the appointment would be until an election could be held. The date for the 2 1/2 years would be this coming Jul 3, 2010 I believe. Sen. Byrds current term expires Jan. 3, 2013.
I’m assuming the quoted statute is what’s in effect today but I don’t know. It’s what’s on the their state web site.