§3-5-19. Vacancies in nominations; how filled; fees


Published: 2015

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WVC 3 - 5 - 19

§3-5-19. Vacancies in nominations; how filled; fees.

(a) If any vacancy occurs in the party nomination of

candidates for office nominated at the primary election or by

appointment under the provisions of section eleven of this article,

the vacancies may be filled, subject to the following requirements

and limitations:

(1) Each appointment made under this section shall be made by

the executive committee of the political party for the political

division in which the vacancy occurs: Provided, That if the

executive committee holds a duly called meeting in accordance with

section nine, article one of this chapter but fails to make an

appointment or fails to certify the appointment of the candidate to

the proper filing officer within the time required, the chairperson

of the executive committee may make the appointment not later than

two days following the deadline for the executive committee.

(2) Each appointment made under this section is complete only

upon the receipt by the proper filing officer of the certificate of

appointment by the executive committee, or its chairperson, as the

case may be, the certificate of announcement of the candidate as

prescribed in section seven of this article and, except for

appointments made under subdivision (4), (5), (6) or (7) of this

subsection, the filing fee or waiver of fee as prescribed in

section eight or eight-a of this article. The proper filing

officer is the officer with whom the original certificate of

nomination is regularly filed for that office.

(3) If a vacancy in nomination is caused by the failure of a

candidate to file for an office, or by withdrawal of a candidate no

later than the third Tuesday following the close of candidate

filing pursuant to the provisions of section eleven of this

article, a nominee may be appointed by the executive committee and

certified to the proper filing officer no later than thirty days

after the last day to file a certificate of announcement pursuant

to section seven of this article.

(4) If a vacancy in nomination is caused by the

disqualification of a candidate and the vacancy occurs not later

than eighty-four days before the general election, a nominee may be

appointed by the executive committee and certified to the proper

filing officer not later than seventy-eight days before the general

election. A candidate may be determined ineligible if a written

request is made by an individual with information to show a

candidate's ineligibility to the State Election Commission no later

than eighty-four days before the general election explaining

grounds why a candidate is not eligible to be placed on the general

election ballot or not eligible to hold the office, if elected.

The State Election Commission shall review the reasons for the

request. If the commission finds the circumstances warrant the

disqualification of the candidate, the commission may authorize

appointment by the executive committee to fill the vacancy. Upon

receipt of the authorization a nominee may be appointed by the

executive committee and certified to the proper filing officer no later than seventy-eight days before the general election.

(5) If a vacancy in nomination is caused by the incapacity of

the candidate and if the vacancy occurs not later than eighty-four

days before the general election, a nominee may be appointed by the

executive committee and certified to the proper filing officer no

later than seventy-eight days before the general election.

(6) If a vacancy in nomination is caused by the withdrawal of

the candidate no later than eighty-four days before the general

election due to extenuating personal circumstances which will

prevent the candidate from serving in the office if elected and if

the candidate or the chairperson of the executive committee for the

political division applies in writing to the State Election

Commission no later than eighty-four days before the general

election for permission to remove the candidate's name from the

general election ballot, the State Election Commission shall review

the reasons for the request. If the commission finds the

circumstances warrant the withdrawal of the candidate, the

commission shall authorize appointment by the executive committee

to fill the vacancy. Upon receipt of the authorization, a nominee

may be appointed by the executive committee and certified to the

proper filing officer no later than seventy-eight days before the

general election.

(7) If a vacancy in nomination is caused by the death of the

candidate occurring no later than twenty-five days before the

general election, a nominee may be appointed by the executive committee and certified to the proper filing officer no later than

twenty-one days following the date of death or no later than

twenty-two days before the general election, whichever date occurs

first.

(b) Except as otherwise provided in article ten of this

chapter, if any vacancy occurs in a partisan office or position

other than political party executive committee, which creates an

unexpired term for a position which would not otherwise appear on

the ballot in the general election, and the vacancy occurs after

the close of candidate filing for the primary election but not

later than eighty-four days before the general election, a nominee

of each political party may be appointed by the executive committee

and certified to the proper filing officer no later than

seventy-eight days before the general election. Appointments shall

be filed in the same manner as provided in subsection (a) of this

section, except that the filing fee shall be paid before the

appointment is complete.

(c) When a vacancy occurs in the board of education after the

close of candidate filing for the primary election but not later

than eighty-four days before the general election, a special

candidate filing period shall be established. Candidates seeking

election to any unexpired term for board of education shall file a

certificate of announcement and pay the filing fee to the clerk of

the county commission no earlier than the first Monday in August

and no later than seventy-seven days before the general election.





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

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