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 positions. 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 vacancies in the state Senate and House of Delegates will now be managed by the respective party executive committees. Additionally, magistrate vacancies with unexpired terms exceeding two years 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 procedures for filling vacancies in various county and municipal offices, such as the county commission and sheriff. It specifies that once a quorum is reestablished by gubernatorial appointment, remaining vacancies must be filled according to existing provisions. Appointments are temporary, lasting up to 30 days until the vacancy is filled, and the county commission or council is responsible for necessary election proclamations. For municipal elective offices, vacancies will be filled by appointment from eligible residents of the municipality, ensuring appointees are from the same political party as the previous officeholder. Overall, the bill aims to streamline the vacancy-filling process while maintaining party affiliation requirements to uphold the integrity of the electoral process.

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