§3-5-11. Withdrawals; filling vacancies in candidacy; publication

Published: 2015

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WVC 3 - 5 - 11

§3-5-11. Withdrawals; filling vacancies in candidacy; publication.

(a) A candidate who has filed a certificate of announcement

and wishes to withdraw and decline to stand as a candidate for the

office shall file a signed and notarized statement of withdrawal

with the same officer with whom the certificate of announcement was

filed. If the statement of withdrawal is received not later than

the third Tuesday following the close of candidate filing, the name

of a candidate who files that statement of withdrawal may not be

printed on the ballot. No candidate who files a statement of

withdrawal after that time may have his or her name removed from

the ballot.

(b) Upon request of the candidate's family, the board of

ballot commissioners may remove the name of a candidate who dies

before the ballots are printed. If a candidate dies after the

ballots are printed but before the election, the clerk of the

county commission shall give a written notice which shall be posted

with the sample ballot at each precinct with the county to the

following effect: "To the voter: (name) of (residence), a

candidate for (office) is deceased."

(c) If after the time is closed for announcing as a candidate

there is a vacancy on the ballot caused by failure of any person of

a party to file for each available seat of each available office,

the executive committee of the party for the political division

within which such candidate was to be voted for, or its chair if

the committee fails to act, may fill the vacancy and certify the candidate named to the appropriate filing officer. Certification

of the appointment by the executive committee or its chair, the

candidate's certificate of announcement and the filing fee must be

received by the appropriate filing officer as follows: For an

appointment by an executive committee, no later than the second

Friday following the close of filing, for an appointment by its

chair, no later than the third Tuesday following the close of

filing. A candidate appointed to fill a vacancy on the ballot

under this subsection shall have his or her name printed on the

primary ballot for that party.

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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.