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Introduced Version Senate Bill 557 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 557

(By Senators Kessler, Oliverio, D. Facemire and Minard)


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[Introduced February 12, 2010; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §3-10-5 of the Code of West Virginia, 1931, as amended, relating to clarification of the procedures for vacancies in the state Legislature.

Be it enacted by the Legislature of West Virginia:

That §3-10-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 10. FILLING VACANCIES.

§3-10-5. Vacancies in State Legislature.

(a)Any vacancy in the office of State Senator or member of the House of Delegates shall be filled by appointment by the Governor, in each instance from a list of three legally qualified persons submitted by the party executive committee of the party with which the person holding the office immediately preceding the vacancy was affiliated. Such list of qualified persons to fill the
vacancy shall be submitted to the Governor within fifteen days after the vacancy occurs and the Governor shall duly make his or her appointment to fill the vacancy from the list of legally qualified person within five days after the list is received. If the list is not submitted to the Governor within the fifteen day period, the Governor shall appoint within five days thereafter a legally qualified person of the same political party as the person vacating the office.
(b) of the delegate district in In the case of a member of the House of Delegates, the list shall be submitted by the party executive committee of the delegate district in which the vacating member resided at the time of his or her election or appointment. If the delegate district covers all or part of more than one county, all three qualifying persons shall be residents of the portion of the county and district in which the vacating member resided at the time of his or her election or appointment to the House of Delegates. The appointment to fill a vacancy in the House of Delegates is for the unexpired term.

(c) and by the party executive committee of the state senatorial district in In the case of a State Senator, the list shall be submitted by the party executive committee of the state senatorial district in which the vacating senator resided at the time of his or her election or appointment. of the party with
which the person holding the office immediately preceding the vacancy was affiliated, and of the county or state senatorial district, respectively, in which he resided at the time of his election or appointment. If the vacating member of the House of Delegates resided in a county only a portion of which is included in his delegate district, all three of the qualified persons submitted shall be residents of that portion of the county in which the vacating delegate resided at the time of his election or appointment to the House of Delegates. The appointment to fill a vacancy in the House of Delegates shall be for the unexpired term. Such list of legally qualified persons to fill the vacancy shall be submitted to the Governor within fifteen days after such vacancy occurs and the Governor shall duly make his appointment to fill such vacancy from such list of legally qualified persons within five days after same is received. If such list is not submitted to the Governor within the fifteen day period, the Governor shall appoint within five days thereafter a legally qualified person of the political party of the person vacating the office. If the unexpired term in the office of the State Senator will be for less than two years and two months, the appointment shall be is for the unexpired term. If the unexpired term will be for a period equal to or longer than two years and two months, the appointment shall be is until the next general election and until the election and qualification of a successor to the person appointed, at which general election the vacancy shall be filled by election for the unexpired term. Notice of an election to fill a vacancy in the office of State Senator shall be given by the Governor by proclamation and shall be published prior to such before the election as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such the publication shall be each county in the senatorial district. Nominations for candidates to fill such a vacancy shall be made in the manner prescribed for nominating a candidate to fill a vacancy in the office of Governor to be voted for at a general election. The state senatorial district executive committee of the political party shall discharge the duties incident to State Senator nominations devolving upon the party state executive committee in nominating a candidate for a state office.



NOTE: The purpose of this bill is to clarify the procedures for filling vacancies in the State Legislature.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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