It is just not true that the “normal filing period” has expired for all candidates. It has only expired for candidates who are nominated by primaries — i.e., the Democrats and Republicans. However, the “normal filing period” for candidacy is still open for independents and write-in candidates. What if one of them files for the office?
Moreover, the 1994 WV Supreme Court Case was brought by Republicans, whose nominees are selected in primaries. So that case did not address the issue of timely filings for candidacy by independents and write-in candidates — whose “primaries” are effectively their filings of candidacy.
Unfortunately, the WV law seems to have been written under the assumption that the candidates would have to be nominated in a primary, i.e., either a Democrat or a Republican. It’s a bad law and has obvious weaknesses with respect to independent and write-in candidates.
If a write-in candidate filed timely (I think they have until Sept. 1), there could be a very interesting court case in WV.
If you are correct, and I have no doubt that you are. An independent needs to get their application, for lack of better words, turned in ASAP. Even if it is to call attention to the law as it is written when the democRAT gov challenges the candidate.