§5-1-22. Vacancies in offices filled by appointment of governor; Senate action; bond requirements; filling vacancies in other appointive offices


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-1-22

§5-1-22. Vacancies in offices filled by appointment of governor;

Senate action; bond requirements; filling vacancies in

other appointive offices.

In case of a vacancy, during the recess of the Senate, in any

office, which vacancy the governor is authorized to fill by and

with the advice and consent of the Senate, the governor shall, by

appointment, fill such vacancy until the next meeting of the

Senate, when the governor shall submit to the Senate a nomination

to fill such vacancy and, upon confirmation of such nomination by

the Senate, by a vote of a majority of all the members elected to

the Senate, taken by yeas and nays, the person so nominated and

confirmed shall hold said office during the remainder of the term

for which his predecessor in office was appointed, and until his

successor shall be appointed and qualified. No person whose

nomination for office has been rejected by the Senate shall be

again nominated for the same office during the session in which his

nomination was so rejected, unless at the request of the Senate,

nor shall he be appointed to the same office during the recess of

the Senate. No appointee who resigns from any such office prior to

confirmation, or whose name has not been submitted for confirmation

while the Senate is in session, shall be eligible, during the

recess of the Senate, to hold any office the nomination for which

must be confirmed by the Senate.

The bond, if any, required by law to be given by any officer

so temporarily appointed by the governor, shall be in such penalty as is required by law of the incumbent of such office.

Any vacancy in any other office filled by appointment, or in

any office hereafter created to be filled by appointment, shall be

filled by the same person, court or body authorized to make

appointment to such office for the full term thereof.





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

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