WEST VIRGINIA CODE
WVC 3 - 10 - 8
§3-10-8. Vacancies in offices of prosecuting attorney, sheriff,
assessor and surveyor.
(a) Any vacancy occurring in the office of prosecuting
attorney, sheriff, assessor or county surveyor shall be filled by
the county commission within thirty days of the vacancy by
appointment of a person of the same political party as the
officeholder vacating the office. The appointed person shall hold
the office for the period stated by section one of this article.
(b) Notwithstanding any code provision to the contrary, a
county commission may appoint a temporary successor to the office
of prosecuting attorney, sheriff, assessor or county surveyor until
the requirements of this section have been met. The temporary
successor may serve no more than thirty days from the date of the
(c) If an election is necessary under section one of this
article, the county commission, or the president thereof in
vacation, shall be responsible for the proper proclamation, by
order, and notice required by section one of this article.
(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
Note: WV Code updated with legislation passed through the 2015 Regular Session
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