The bill amends the West Virginia Code to establish new requirements for filling vacancies in elected offices at various levels, including federal, state, county, and municipal. A significant provision mandates that individuals appointed to fill a vacant office must have been a member of the same registered political party for at least one year prior to the vacancy. The selection process for vacancies in the state Senate and House of Delegates will now be managed by the respective party executive committees. Additionally, for magistrate vacancies with unexpired terms exceeding two years, these will be filled through a nonpartisan judicial election held concurrently with the next primary or general election. The bill also allows the Governor to appoint an acting official to perform the duties of a constitutional officer until the vacancy is filled.

Furthermore, the bill outlines specific procedures for filling vacancies in various county and municipal offices, such as the county commission and sheriff. It stipulates that once a quorum is reestablished through gubernatorial appointment, remaining vacancies must be filled according to established provisions. Temporary successors may be appointed for up to 30 days until the vacancy is filled, and if an election is necessary, the county commission or council will handle the required proclamations and notices. For municipal elective offices, vacancies will be filled by appointment from eligible residents of the municipality, ensuring adherence to party affiliation requirements. The bill aims to streamline the vacancy-filling process while maintaining the integrity of political representation.

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