§3-10-6. Vacancy in office of circuit court clerk

Published: 2015

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WVC 3 - 10 - 6

§3-10-6. Vacancy in office of circuit court clerk.

     (a) When a vacancy occurs in the office of clerk of the

circuit court, the circuit court by a majority vote of the judges

shall fill the same within thirty days of the vacancy by

appointment of a person of the same political party as the

officeholder vacating the office for the period required by section

one of this article.

     (b) Notwithstanding any code provision to the contrary, the

chief judge may appoint a temporary successor to the office of

clerk of the circuit court until the requirements of this section

have been met. The temporary successor may serve no more than

thirty days from the date of the vacancy.

     (c) If an election is necessary, the circuit court, or the

chief judge thereof in vacation, is responsible for the proper

proclamation, by order and notice required by section one of this


     (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

general cutoff date, candidates to fill the vacancy shall be

nominated by the county executive committee in the manner provided

in section nineteen, article five of this chapter, 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 commission of

the county, shall be placed upon the ballot to be voted at the next general election.

Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.