§3-10-7. Vacancies in offices of county commissioner and clerk of county commission


Published: 2015

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WEST VIRGINIA CODE











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WVC 3 - 10 - 7

§3-10-7. Vacancies in offices of county commissioner and clerk of

county commission.

     (a) Any vacancy in the office of county commissioner or clerk

of county commission shall be filled by the county commission of

the county, unless the number of vacancies in a county commission

deprive that body of a quorum, in which case the Governor of the

state shall fill any vacancy in the county commission necessary to

create a quorum thereof. Persons appointed shall be of the same

political party as the officeholder vacating the office for the

period stated by section one of this article. If a quorum of the

county commission cannot agree upon a person to fill a vacancy in

the office of county commissioner within thirty days of the date

the vacancy first occurred, the county executive committee of the

vacating county commissioner's political party shall select and

name a person to fill the vacancy from the membership of the

vacating county commissioner's political party. The clerk shall be

appointed within thirty days of the vacancy.

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

county commission may appoint a temporary successor to the office

of clerk of the county commission 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.

     (e) If the election for an unexpired term is held at the same

time as the election for a full term for county commissioner, the

full term shall be counted first and the unexpired term shall be

counted second. If the candidate with the highest number of votes

for the unexpired term resides in the same magisterial district as

the candidate with the highest number of votes for the full term,

the candidate for the full term shall be seated. The candidate

with the next highest number of votes for the unexpired term

residing in a different magisterial district shall be seated for

the unexpired term.





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

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