ENROLLED
Senate Bill No. 753
(By Senators Kessler, Oliverio, Foster, Green,
Hunter, Minard, Wells, White, Barnes,
Deem, Hall and McKenzie)
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[Passed March 10, 2007; in effect ninety days from passage.]
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AN ACT to amend and reenact §3-5-19 of the Code of West Virginia,
1931, as amended, relating to filling vacancies in
nominations.
Be it enacted by the Legislature of West Virginia:
That §3-5-19 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
§3-5-19. Vacancies in nominations; how filled; fees.
(a) If any vacancy occurs in the party nomination of
candidates for office nominated at the primary election or by
appointment under the provisions of section eleven of this article,
the vacancies may be filled, subject to the following requirements
and limitations:
(1) Each appointment made under this section shall be made by
the executive committee of the political party for the political
division in which the vacancy occurs: Provided, That if the executive committee holds a duly called meeting in accordance with
section nine, article one of this chapter but fails to make an
appointment or fails to certify the appointment of the candidate to
the proper filing officer within the time required, the chairperson
of the executive committee may make the appointment not later than
two days following the deadline for the executive committee.
(2) Each appointment made under this section is complete only
upon the receipt by the proper filing officer of the certificate of
appointment by the executive committee, or its chairperson, as the
case may be, the certificate of announcement of the candidate as
prescribed in section seven of this article and, except for
appointments made under subdivision (4), (5), (6) or (7) of this
subsection, the filing fee or waiver of fee as prescribed in
section eight or eight-a of this article. The proper filing
officer is the officer with whom the original certificate of
nomination is regularly filed for that office.
(3) If a vacancy in nomination is caused by the failure of a
candidate to file for an office, or by withdrawal of a candidate no
later than the third Tuesday following the close of candidate
filing pursuant to the provisions of section eleven of this
article, a nominee may be appointed by the executive committee and
certified to the proper filing officer no later than thirty days
after the last day to file a certificate of announcement pursuant
to section seven of this article.
(4) If a vacancy in nomination is caused by the
disqualification of a candidate and the vacancy occurs not later than eighty-four days before the general election, a nominee may be
appointed by the executive committee and certified to the proper
filing officer not later than seventy-eight days before the general
election. A candidate may be determined ineligible if a written
request is made by an individual with information to show a
candidate's ineligibility to the State Election Commission no later
than eighty-four days before the general election explaining
grounds why a candidate is not eligible to be placed on the general
election ballot or not eligible to hold the office, if elected.
The State Election Commission shall review the reasons for the
request. If the commission finds the circumstances warrant the
disqualification of the candidate, the commission may authorize
appointment by the executive committee to fill the vacancy. Upon
receipt of the authorization a nominee may be appointed by the
executive committee and certified to the proper filing officer no
later than seventy-eight days before the general election.
(5) If a vacancy in nomination is caused by the incapacity of
the candidate and if the vacancy occurs not later than eighty-four
days before the general election, a nominee may be appointed by the
executive committee and certified to the proper filing officer no
later than seventy-eight days before the general election.
(6) If a vacancy in nomination is caused by the withdrawal of
the candidate no later than eighty-four days before the general
election due to extenuating personal circumstances which will
prevent the candidate from serving in the office if elected and if
the candidate or the chairperson of the executive committee for the political division applies in writing to the State Election
Commission no later than eighty-four days before the general
election for permission to remove the candidate's name from the
general election ballot, the State Election Commission shall review
the reasons for the request. If the commission finds the
circumstances warrant the withdrawal of the candidate, the
commission shall authorize appointment by the executive committee
to fill the vacancy. Upon receipt of the authorization, a nominee
may be appointed by the executive committee and certified to the
proper filing officer no later than seventy-eight days before the
general election.
(7) If a vacancy in nomination is caused by the death of the
candidate occurring no later than twenty-five days before the
general election, a nominee may be appointed by the executive
committee and certified to the proper filing officer no later than
twenty-one days following the date of death or no later than
twenty-two days before the general election, whichever date occurs
first.
(b) Except as otherwise provided in article ten of this
chapter, if any vacancy occurs in a partisan office or position
other than political party executive committee, which creates an
unexpired term for a position which would not otherwise appear on
the ballot in the general election, and the vacancy occurs after
the close of candidate filing for the primary election but not
later than eighty-four days before the general election, a nominee
of each political party may be appointed by the executive committee and certified to the proper filing officer no later than
seventy-eight days before the general election. Appointments shall
be filed in the same manner as provided in subsection (a) of this
section, except that the filing fee shall be paid before the
appointment is complete.
(c) When a vacancy occurs in the board of education after the
close of candidate filing for the primary election but not later
than eighty-four days before the general election, a special
candidate filing period shall be established. Candidates seeking
election to any unexpired term for board of education shall file a
certificate of announcement and pay the filing fee to the clerk of
the county commission no earlier than the first Monday in August
and no later than seventy-seven days before the general election.