§3-10-8. Vacancies in offices of prosecuting attorney, sheriff, assessor and surveyor


Published: 2015

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WEST VIRGINIA CODE











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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

vacancy.

     (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

general election.





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

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