The bill amends the Code of West Virginia to establish clearer processes for filling vacancies in various elected federal, state, and county offices, emphasizing the importance of party affiliation continuity. It mandates that individuals appointed to fill such vacancies must have been members of the same political party for at least one year prior to the vacancy. The Governor is granted the authority to appoint an acting official to perform the duties of a constitutional officer until the vacancy is filled. For magistrate positions, if the unexpired term exceeds two years, the vacancy will be filled through a nonpartisan judicial election held concurrently with the next primary or general election. Additionally, vacancies in the offices of state senators and members of the House of Delegates must be filled from a list of qualified individuals submitted by the relevant party executive committee.

The bill also addresses the appointment and election processes for filling vacancies in county commissions, councils, and various county offices, including magistrates. It requires that appointees to the offices of prosecuting attorney, sheriff, assessor, or county surveyor must be affiliated with the same political party as the previous officeholder and have been a member of that party for at least one year prior to the vacancy. The bill allows for the appointment of temporary successors for a maximum of 30 days and outlines procedures for holding elections to fill these vacancies, particularly when they occur close to election deadlines. Furthermore, it introduces provisions for filling magistrate vacancies upon formal announcements of upcoming resignations or retirements and mandates that notices for elections to fill unexpired terms must be published as legal advertisements in compliance with specific code provisions.

Statutes affected:
Introduced Version: 3-10-3
Committee Substitute: 3-10-3, 3-10-4, 3-10-5, 3-10-6, 3-10-7, 3-10-8, 50-1-6
Engrossed Committee Substitute: 3-10-3, 3-10-4, 3-10-5, 3-10-6, 3-10-7, 3-10-8, 50-1-6