The bill amends the West Virginia Code to establish new requirements for filling vacancies in elected offices at the federal, state, county, and municipal levels. A key provision prohibits the appointment of individuals to fill a vacant office unless they have been a member of the same political party for at least one year prior to the vacancy. The selection process for candidates to fill vacancies in the state Senate and House of Delegates will now be managed by the respective party executive committees or the county executive party in single-county districts. Additionally, the Governor is authorized to appoint an acting official to perform the duties of a constitutional officer until the vacancy is filled.

The legislation also details the procedures for filling vacancies in various county and municipal offices, including the county commission, prosecuting attorney, sheriff, assessor, and county surveyor. It specifies that if a vacancy in the office of magistrate has an unexpired term exceeding two years, it must be filled through a nonpartisan judicial election held concurrently with the next primary or general election. Furthermore, it clarifies that appointments to fill vacancies in partisan offices must come from the political party of the individual who vacated the office, ensuring continuity in party representation. The bill aims to streamline the vacancy-filling process while maintaining party affiliation requirements.

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