§3-10-4. Vacancies in representation in United States Congress


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
WEST VIRGINIA CODE











‹ Back



 |   Print







WVC 3 - 10 - 4

§3-10-4. Vacancies in representation in United States Congress.

     (a) (1) If there is a vacancy in the representation from this

state in the House of Representatives in the Congress of the United

States, the Governor shall, within five days after the fact comes

to his or her knowledge, issue a proclamation setting dates for a

special general election that is not less than eighty-four nor more

than one hundred twenty days from the date of the vacancy and

requiring nomination of candidates as provided in subdivision (2)

of this subsection: Provided, That no such proclamation may be made

nor may a special election be held if the vacancy occurs after the

eighty-fourth day prior to the regularly scheduled general election

for a new full term of the office. The election shall follow the

requirements of section one of this article that are not in

conflict with this section.

     (2) The party executive committees for the congressional

district for which there is a vacancy shall each, within thirty

days of the Governor's proclamation, nominate a candidate to stand

at the general election required by subdivision (1) of this

subsection.

     (b) If there is a vacancy in the representation from this

state in the Senate of the United States Congress, the vacancy

shall be filled by the Governor of the state by appointment and:

     (1) If the vacancy occurs on or before the primary cutoff

date, then an election shall be held pursuant to section one of

this article; or

     (2) If the vacancy occurs after the primary cutoff date, but

on or before the general cutoff date, then the Governor shall issue

a proclamation providing for: (A) A special filing period; (B) a

special primary election to be held in conjunction with the

upcoming general election; and (C) a special general election to be

held not less than eighty-four nor more than one hundred twenty

days following the date of the special primary election. Each

election shall follow the requirements of section one of this

article that are not in conflict with this section.





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.