Introduced Version
House Bill 2397 History
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Committee Substitute
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2397
(By Delegates Manchin and Lawrence)
[Introduced February 13, 2013; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL
to amend and reenact §3-10-7 and §3-10-8 of the Code of West
Virginia, 1931, as amended, all relating to authorizing a
county commission to temporarily fill vacancies in the offices
of the clerk of the county commission, prosecuting attorney,
sheriff, assessor and county surveyor;
and permitting the
temporary successors to serve a maximum of thirty days.
Be it enacted by the Legislature of West Virginia:
That §3-10-7 and §3-10-8 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. FILLING VACANCIES.
§3-10-7. Vacancies in offices of county commissioner and clerk of
county commission.
(a) Any vacancy in the office of county commissioner or clerk
of county commission shall be filled by the county commission of the county, unless the number of vacancies in a county commission
deprive that body of a quorum, in which case the Governor of the
state shall fill any vacancy in the county commission necessary to
create a quorum thereof. Persons appointed shall be of the same
political party as the officeholder vacating the office and shall
continue in office until the next general election is certified, or
until the completion of the term if the term ends on December 31,
following the next general election: Provided, That in the event
if a quorum of the county commission cannot agree upon a person to
fill a vacancy in the office of county commissioner within thirty
days of the date the vacancy first occurred, the county executive
committee of the vacating county commissioner's political party
shall select and name a person to fill the vacancy from the
membership of the vacating county commissioner's political party.
(b) Notice of the election shall be given by order of the
county commission and published as prescribed in section six of
this article.
(c) Nomination of candidates to fill the office for an
unexpired term in the office of county commissioner or clerk of the
county commission shall be made in the manner prescribed for making
nominations to fill a vacancy in the office of the clerk of the
circuit court.
(d) In the event that If the election for an unexpired term is
held at the same time as the election for a full term for county commissioner, the full term shall be counted first and the
unexpired term shall be counted second. If the candidate with the
highest number of votes for the unexpired term resides in the same
magisterial district as the candidate with the highest number of
votes for the full term, the candidate for the full term shall be
seated. The candidate with the next highest number of votes for
the unexpired term residing in a different magisterial district
shall be seated for the unexpired term.
(d) A county commission may appoint a temporary successor to
the office of clerk of the county commission until the requirements
of this section have been met. The temporary successor may serve no
more than thirty days from the date of the vacancy.
§3-10-8. Vacancies in offices of prosecuting attorney, sheriff,
assessor and surveyor.
(a) Any vacancy occurring in the office of prosecuting
attorney, sheriff, assessor or county surveyor shall be filled by
the county commission by appointment of a person of the same
political party as the officeholder vacating the office. The
appointed person shall hold the office until the next general
election is certified, or until the completion of the term if the
term ends on December 31, following the next general election.
Notice of an election to fill a vacancy in any of the offices named
in this section shall be given by the county commission, or by the
president thereof in vacation, and published or posted in the manner prescribed in section six of this article. Nomination of
candidates to fill any vacancy shall be made in the manner
prescribed in section six of this article for nominating candidates
to fill a vacancy in the office of the clerk of the circuit court.
(b) A county commission may appoint a temporary successor in
the office of prosecuting attorney, sheriff, assessor or county
surveyor until the requirements of this section have been met. The
temporary successor may serve no more than thirty days from the
date of the vacancy.
NOTE: The purpose of this bill is to
authorize a
county
commission to temporarily fill vacancies in the offices of the
clerk of the county commission, prosecuting attorney, sheriff,
assessor and county surveyor. The bill
permits the temporary
successors to serve a maximum of thirty days.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.