SB527 H JUD AM 4-10 #1
The Judiciary Committee moves to amend the bill on page three,
following the enacting clause, by striking out the remainder of the
bill an d inserting in lieu thereof, the following language:
That §3-10-4a of the Code of West Virginia, 1931, as amended,
be repealed; and that §3-10-1, §3-10-2, §3-10-3, §3-10-3a, §3-10-4,
§3-10-5, §3-10-6, §3-10-7 and §3-10-8
of said code be amended and
reenacted; and that said code be amended by adding thereto a new
section, designated §3-10-9, all to read as follows:
ARTICLE 10. FILLING VACANCIES.
§3-10-1. Elections to fill vacancies.
Except as provided in sections three and four of this article,
elections to fill vacancies shall be conducted to fill any
unexpired term when more than one year of the term of office
remains at the time of such election. When less than one year of
the term of office remains at the time of the election, the person
appointed to fill the vacancy shall continue in office until the
completion of the term.
(a) When a vacancy occurs in an elected office of the state or
county, it shall be filled according to the processes set forth in
this article. As used in this article, unless otherwise indicated
by the context:
_____(1) "General cutoff date" means the eighty-fourth day before
the general election that immediately precedes the general election where the office would be on the ballot for election if there were
not a vacancy; and
_____(2) "Primary cutoff date" means the eighty-fourth day before
the primary election that immediately precedes the general cutoff
date.
_____(b) When this article requires an appointment to fill a
vacancy in an elected office, the appointment shall be made within
thirty days of the vacancy, unless this code specifically states a
different time period for the specific office. The term that the
appointee holds the office shall depend on when the vacancy occurs,
as follows:
_____(1) If the vacancy occurs after the primary cutoff date, then
that appointee shall hold the office until the end of the term of
office: Provided, That if the vacancy for any county office or
United States Senate occurs during the window after the primary
cutoff date, but before the general cutoff date, the process
contained in sections four, six, seven and eight of this article,
depending on the specific office vacated, shall be followed; or
_____(2) If the vacancy occurs on or before the primary cutoff
date, then the office shall be filled at the following regular
primary and subsequent general election pursuant to this article
and the appointee shall hold the office until a qualified
replacement is elected and certified at that general election. The
elected replacement shall hold the office until the end of the original term of office.
_____(c) If an election is required to fill the vacancy by
subsection (b) of this section and the other provisions of this
article, the election shall proceed depending on when the vacancy
occurs and in which office it occurs. Elections to fill vacancies
shall be held at the same places, and superintended, conducted and
returned, and the result ascertained, certified and declared, in
the same manner, and by the same officers, as in general elections,
unless otherwise stated in this article.
(1) For a vacancy in the Office of Governor, the times for the
special elections contained in section two of this article shall
control. The proclamation entered pursuant to section two of this
article by the person acting as Governor, shall include the dates
for the special candidate filing period, if necessary, and shall
follow the requirements set forth in this section. All aspects of
this section, where not in conflict with section two of this
article, shall also be followed. If a regularly scheduled primary
or general election fits within the times for the special elections
contained in section two of this article, the special elections
shall be conducted in conjunction with the regularly scheduled
election or elections. If an special election is required by
section two of this article and it cannot be held in conjunction
with the regular election dates, then
the compensation of election
officers shall be reimbursed pursuant to section nine of this article.
_____(2) For a vacancy in the offices of United States House of
Representatives or United States Senate, the times for the special
election, if necessary, contained in section four of this article
shall control. All aspects of this section, where not in conflict
with section four of this article, shall also be followed.
_____(A) With regard to United States House of Representatives, the
proclamation entered pursuant to section four of this article by
the Governor, shall include the dates for the special candidate
filing period, if necessary, and shall follow the requirements set
forth in this section. If a regularly scheduled primary or general
election fits within the times for the special elections contained
in section four of this article, the special elections shall be
conducted in conjunction with the regularly scheduled election or
elections. If an special election is required by section two of
this article and it cannot be held in conjunction with the regular
election dates, then
the compensation of election officers shall be
reimbursed pursuant to section nine of this article.
_____(B) With regard to United States Senate, if a special general
election following the regular general election is required by
section four of this article, and it cannot be held in conjunction
with the regular election dates, then
the compensation of election
officers shall be reimbursed pursuant to section nine of this
article.
_____(3) For all other offices, the Governor, or other person
granted authority by this article, shall issue a proclamation
stating that the office will appear on the next regular primary
election and subsequent general election, in order to fill the
vacancy: Provided, That if the vacancy for any county office
occurs during the window after the primary cutoff date, but before
the general cutoff date, the process contained in sections six,
seven and eight of this article shall be followed. If the
candidate filing period for the next regular primary election has
closed or has less than one week remaining, the proclamation shall
provide for a special primary candidate filing period. If there
are less than eighty-four days between the vacancy and the next
regular primary election, then the proclamation shall state that
the office will appear on the subsequent regular primary election
and corresponding general election following the next regular
primary election.
_____(d) (1) If a special candidate filing period is necessary, it
shall begin no sooner than the day after the proclamation and shall
close no earlier than close of business on the fourteenth day
following the proclamation. A notarized declaration of candidacy
and filing fee provided by section seven, article five of this
chapter, shall be filed either in person, by United States mail,
electronic means or any other means authorized by the Secretary of
State and received by the appropriate office before the close of the filing period. For petition in lieu of payment of filing fees,
a candidate seeking nomination for the vacancy may utilize the
process set forth in section eight-a, article five of this chapter:
Provided, That the minimum number of signatures required is
equivalent to one qualified signature per one whole dollar of the
filing fee for that office.
_____(2) If a primary election is required by the provisions of
this article:
_____(A) For all statewide, multicounty and legislative elections,
drawing for the primary election ballot position will take place at
the Secretary of State's office twenty-four hours after the end of
the filing period. For each major political party on the ballot, a
single drawing by lot shall determine the candidate ballot position
for ballots statewide. This drawing shall be witnessed by four
clerks of the county commission chosen by the West Virginia
Association of County Clerks, with no more than two clerks
representing a single political party.
_____(B) For county elections, drawing for the primary election
ballot position will take place at the county clerk's office
twenty-four hours after the end of the filing period. For each
major political party on the ballot, a single drawing by lot shall
determine the candidate ballot position for ballots statewide.
This drawing shall be witnessed by the chairperson of the county
democratic and republican executive committees or their designee, and the president of the county commission or his or her designee.
_____(3) Ballot position for a general election required by this
article shall be determined pursuant to subdivision (3), subsection
(c), section two, article six of this chapter. If a general
election required by this article occurs in conjunction with a
regularly scheduled primary election, the general election shall be
listed along with the nonpartisan portion of each ballot in the
order of offices provided for regular ballots in this chapter.
_____(e) When an election is required to fill a vacancy, the date
of the election and offices to be elected, as well as any other
information required in the proclamation, shall be published prior
to such election as a Class I-O legal advertisement in compliance
with the provisions of article three, chapter fifty-nine of this
code, and the publication area for such publication shall be each
county of the state that is eligible to vote in the election for
those offices.
_____(f) If an election is required by this article, the Secretary
of State may issue emergency administrative orders to undertake
other ministerial actions that are otherwise authorized pursuant to
this code when necessary to assure the preservation of the voting
rights of the citizens of this state and avoid fraudulent voting
and election activities and otherwise assure the orderly and
efficient conduct of the new election provided in this subsection:
Provided, That emergency administrative orders may not contravene the provisions of this article.
_____(g) If an election is required by this article, citizens
having no party organization or affiliation may nominate candidates
as provided by sections twenty-three and twenty-four of article
five of this chapter: Provided, That when a election is required by
the provisions of this article to be held at some time other than
with a regularly scheduled election, all certificates nominating
candidates shall be filed with the appropriate official no later
than 90 days before the election.
(h) The persons elected, having first duly qualified, shall enter
upon the duties of their respective offices. The elected
replacement shall hold the office until the end of the original
term of office.
§3-10-2. Vacancy in Office of Governor.
(a) In case of the death, conviction on impeachment, failure
to qualify, resignation or other disability of the Governor, the
President of the Senate shall act as Governor until the vacancy is
filled or the disability removed; and if the President of the
Senate, for any of the above-named causes, shall be or become
incapable of performing the duties of Governor, the same shall
devolve upon the Speaker of the House of Delegates; and in all
other cases where there is no one to act as Governor, one shall be
chosen by the joint vote of the Legislature. Whenever a vacancy
shall occur in the Office of Governor before the first three years of the term shall have expired, a new election for Governor shall
take place to fill the vacancy.
(b) The new election shall consist of a special primary
election and a special general election, and shall occur at such
time as will permit the person elected as Governor in the new
election to assume office within one year of the date the vacancy
occurred: Provided, That the special general election provided in
this section may not apply to section eight, article one of this
chapter. Within thirty days from the date the vacancy occurs, the
person acting as Governor pursuant to the State Constitution shall
issue a proclamation fixing the time for a new statewide election
to fill the vacancy in the Office of Governor. which shall be
published prior to such election as a Class II-O legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for such
publication shall be each county of the state. The proclamation
issued by the person acting as Governor pursuant to the state
Constitution shall provide for a special primary election to
nominate candidates for the special general election. The special
primary election to fill a vacancy in the Office of Governor
shall
take place no less than ninety days after the proclamation and no
later than one hundred forty days from the date that the vacancy in
the office occurs. The proclamation issued by the person acting as
Governor pursuant to the State Constitution shall also provide for a special general election to take place no sooner than ninety days
after the special primary election and no later than two hundred
eighty days from the date that the vacancy in the office occurs.
(b) The compensation of election officers, cost of printing
ballots and all other reasonable and necessary expenses in holding
and making the return of the new election provided in this section
to fill a vacancy in the office of Governor are obligations of the
state incurred by the ballot commissioners, clerks of the county
commissions and county commissions of the various counties as
agents of the state. All expenses of the new election are to be
audited by the Secretary of State. The Secretary of State shall
prepare and transmit to the county commissions forms on which the
county commissions shall certify all expenses of the new election
provided in this section to the Secretary of State. If satisfied
that the expenses as certified by the county commissions are
reasonable and were necessarily incurred, the Secretary of State
shall requisition the necessary warrants from the Auditor of the
state to be drawn on the State Treasurer and shall mail the
warrants directly to the vendors of the new election services,
supplies and facilities.
(c) Notwithstanding the provisions of subsection (a) of this
section to the contrary, for purposes of filling the vacancy that
occurred in the office of Governor on November 15, 2010, a new
election shall occur as follows:
(1) Upon the effective date of this subsection, the person
acting as Governor pursuant to the state Constitution shall
immediately issue a proclamation calling for a special primary and
general election as provided for in this subsection. For purposes
of this subsection, the new elections so provided in the
proclamation mean the special primary and general elections as set
forth in this subsection.
(2) The special primary election shall be held on May 14, 2011
and the special general election shall be held on October 4, 2011.
(3) The proclamation for the special primary election and
special general election shall be published prior to the special
primary election and special general elections, respectively, as a
Class II-0 legal advertisement in accordance with article three,
chapter fifty-nine of this code and the publication area for the
publication is each county of the state. The notice shall be filed
with the Secretary of State who shall cause the document to be
published within each county in accordance with this section.
(4) The provisions of this chapter apply to the special primary
election and special general election to the extent that those
provisions are consistent with the provisions of this section.
Statutory time deadlines for the purpose of the new election
provided in this subsection are modified as follows:
(A) A notarized declaration of candidacy and filing fee shall
be filed and received in hand by the Secretary of State by 5:00 p.m. on the fifth calendar day following the proclamation of the special
primary election. The declaration of candidacy may be filed in
person, by United States mail, electronic means or any other means
authorized by the Secretary of State;
(B) The Secretary of State may issue emergency administrative
orders to undertake other ministerial actions that are otherwise
authorized pursuant to this code when necessary to assure the
preservation of the voting rights of the citizens of this state and
avoid fraudulent voting and election activities and otherwise assure
the orderly and efficient conduct of the new election provided in
this subsection: Provided, That emergency administrative orders may
not contravene the provisions of this section;
(C) For petition in lieu of payment of filing fees, a candidate
seeking nomination for the vacancy in the office of Governor may
utilize the process set forth in section eight-a, article five of
this chapter: Provided, That the minimum number of signatures
required is one thousand five hundred;
(D) Drawing for special primary election ballot position will
take place at the Secretary of State's office twenty-four hours
after the end of the filing period. For each major political party
on the ballot, a single drawing by lot shall determine the candidate
ballot position for ballots statewide. This drawing shall be
witnessed by four clerks of the county commission chosen by the West
Virginia Association of County Clerks, with no more than two clerks representing a single political party. Ballot position for the
special general election shall be determined pursuant to subdivision
(3), subsection (c), section two, article six of this chapter;
(E) A registered voter who has not reached eighteen years of
age may vote in the May 14, 2011 special primary election:
Provided, That the voter will attain eighteen years of age at the
time of the special general election provided in this subsection;
(F) When paper or optical scan ballots are the primary voting
method used at any county, the total number of regular official
ballots printed shall equal at a minimum fifty percent of the number
of registered voters eligible to vote that ballot;
(G) When paper ballots are used in conjunction with a direct
recording electronic voting system, the total number of regular
official ballots printed shall equal at a minimum thirty percent of
the registered voters eligible to vote that ballot;
(H) Regularly scheduled locations of polling places may not be
changed, except for situations as provided in sections seven-e and
seven-f, article one of this chapter: Provided, That if multiple
precincts voted in one polling location for the November 2, 2010,
regularly scheduled general election, these precincts may be
consolidated into a single precinct. Locations for consolidated
precincts shall provide Internet access, insofar as possible, for
the sole purpose of utilizing the statewide Voter Registration
System (SVRS) as an electronic poll book. However, Constitutionally mandated redistricting may not take effect until the special primary
election and special general election provided in this subsection
are complete; and
(I) Citizens having no party organization or affiliation may
nominate candidates as provided by sections twenty-three and twenty-
four of article five of this chapter: Provided, That the number of
signatures required to be submitted shall be equal to not less than
one-quarter of one percent of the entire vote cast at the last
preceding general election for Governor. Notwithstanding the
provisions of sections twenty three and twenty four of article five
of this chapter, the signatures, notarized declaration of candidacy,
and filing fee must be submitted no later than seven calendar days
following the special primary election provided in this subsection.
(J) For the special primary election to be held pursuant to
this subsection, early voting will also be conducted from 9 a.m. to
5 p.m. on the Saturday immediately prior to the end of early voting.
(5) The provisions of this subsection shall expire upon the
election and qualification of the Governor following the October 4,
2011 special general election.
(d) The Secretary of State shall by January 10, 2012 report to
the Joint Committee on Government and Finance findings regarding of
the operation of the new election undertaken pursuant to subsection
(c) of this section. This report shall provide analysis of the direct and indirect costs to the state associated with the conduct
of the new election.
(c) The election shall follow the requirements of section one
of this article that are not in conflict with this section.
§3-10-3. Vacancies in offices of state officials, United States
senators and judges.
Any vacancy occurring in the offices of Secretary of State,
Auditor, Treasurer, Attorney General, Commissioner of Agriculture,
United States Senator, judge justice of the Supreme Court of Appeals
or in any office created or made elective to be filled by the voters
of the entire state, judge of a circuit court or judge of a family
court is filled by the Governor of the state by appointment If the
unexpired term of a judge of the Supreme Court of Appeals, a judge
of the circuit court or judge of a family court is for less than two
years or if the unexpired term of any other office named in this
section is for a period of less than two years and six months, the
appointment to fill the vacancy is for the unexpired term. If the
unexpired term of any office is for a longer period than above
specified, the appointment is until a successor to the office has
timely filed a certificate of candidacy, has been nominated at the
primary election next following such timely filing and has
thereafter been elected and qualified to fill the unexpired term.
Proclamation of any election to fill an unexpired term is made by
the Governor of the state and, in the case of an office to be filled by the voters of the entire state, must be published prior to 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 the publication is each county of the state.
If the election is to fill a vacancy in the office of judge of a
circuit court or judge of a family court, the proclamation must be
published prior to 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 publication is
each county in the judicial or family court circuit. and subsequent
election to fill the remainder of the term, if required by section
one of this article.
§3-10-3a. Judicial Vacancy Advisory Commission.
(a) The Judicial Vacancy Advisory Commission is hereby
established to shall assist the Governor in filling judicial
vacancies. The commission shall meet and submit a list of no more
than five nor less than two best qualified persons to the Governor
within ninety days of the occurrence of a vacancy, or the formal
announcement of the justice or judge by letter to the Governor of
an upcoming resignation or retirement that will result in the
occurrence of a vacancy, in the office of justice of the Supreme
Court of Appeals, judge of an intermediate appellate court, judge
of a circuit court, or judge of a family court. The Governor shall
make the appointment to fill the vacancy, as required by this article, within thirty days following the receipt of the list of
qualified candidates or within thirty days following the vacancy,
whichever occurs later.
(b) The commission shall consist of eight appointed members.
Four public members shall be appointed by the Governor for six-year
terms, except for the initial appointments which shall be staggered
in accordance with subsection (c) of this section. Four attorney
members shall be appointed by the Governor for six-year terms,
except as provided in subsection (c) of this section, from a list
of nominees provided by the Board of Governors of the West Virginia
State Bar. The Board of Governors of the West Virginia State Bar
shall nominate no more than twenty nor less than ten best qualified
attorneys for appointment to the commission whenever there is a
vacancy in the membership of the commission reserved for attorney
members. The commission shall choose one of its appointed members
to serve as chair for a three-year term. No more than four
appointed members of the commission shall belong to the same
political party. No more than three appointed members of the
commission shall be residents of the same congressional district.
All members of the commission shall be citizens of this state.
Public members of the commission may not be licensed to practice law
in West Virginia or any other jurisdiction.
(c) Of the initial appointments made to the commission, two
public members and two attorney members shall be appointed for a term ending two years after the effective date of this section, one
public member and one attorney member shall be appointed for a term
ending four years after the effective date of this section, and one
public member and one attorney member shall be appointed for a term
ending six years after the effective date of this section.
(d) The Governor, or his or her designee, the President of the
West Virginia State Bar and the Dean of the West Virginia University
College of Law shall serve as ex officio members of the commission.
(e) Members of the commission shall serve without compensation,
except that commission members are entitled to reimbursement of
travel and other necessary expenses actually incurred while engaged
in official commission activities in accordance with the guidelines
of the Travel Management Office of the Department of Administration,
or its successor entity. The Governor's Office shall cooperate with
the commission to ensure that all resources necessary to carrying
out the official duties of the commission are provided, including
staff assistance, equipment and materials.
(f) The commission shall adopt written policies that formalize
and standardize all operating procedures and ethical practices of
its members including, but not limited to, procedures for training
commission members, publishing notice of judicial vacancies,
recruiting qualified individuals for consideration by the
commission, receiving applications from qualified individuals,
notifying the public of judicial vacancies, notifying state or local groups and organizations of judicial vacancies and soliciting public
comment on judicial vacancies. The written policies of the
commission are not subject to the provisions of chapter twenty-nine-
a of this code, but shall be filed with the Secretary of State.
(g) A majority of the commission plus one shall constitute a
quorum to do business.
(h) All organizational meetings of the commission shall be open
to the public and subject to the requirements of article nine-a,
chapter six of this code. An "organizational meeting" means an
initial meeting to discuss the commission's procedures and
requirements for a judicial vacancy. The commission shall hold at
least one organizational meeting upon the occurrence of a judicial
vacancy. All other meetings of the commission are exempt from
article nine-a, chapter six of this code.
(I) The commission shall make available to the public copies
of any applications and any letters of recommendation written on
behalf of any applicants. All other documents or materials created
or received by the commission shall be confidential and exempt from
the provisions of chapter twenty-nine-b of this code, except for the
list of best-qualified persons or accompanying memoranda submitted
to the Governor in accordance with the provisions of subsection (j)
of this section, which shall be available for public inspection, and
the written policies required to be filed with the Secretary of
State in accordance with subsection (f) of this section.
(j) The commission shall submit its list of best qualified
persons to the Governor in alphabetical order. A memorandum may
accompany the list of best-qualified persons and state facts
concerning each of the persons listed. The commission shall make
copies of any list of best-qualified persons and accompanying
memoranda it submits to the Governor available for public
inspection.
§3-10-4. Vacancies in representation in United States Congress.
(a) If there be is a vacancy in the representation from this
state in the House of Representatives in the Congress of the United
States, the Governor shall, within ten five days after the fact
comes to his or her knowledge, of article three, chapter fifty-nine
of this code, and the publication area for such publication shall
be each county in the congressional district. In such proclamation
he the Governor shall appoint some day, issue a proclamation give
notice thereof by proclamation, to be published prior to such
election as a Class II-O legal advertisement in compliance with the
provisions setting dates for a special primary election that is not
less than thirty eighty-four nor more than seventy-five one hundred
twenty days from the date thereof, for holding the election to fill
such vacancy. Nominations to fill such 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 special election. The
congressional district executive committee of a party shall perform the duties devolving upon the state executive committee in filling
a state office. of the vacancy and a special general election that
is not less than eighty-four nor more than one hundred twenty days
following the date of the special primary election: Provided, That
no such proclamation may be made nor may a special election be held
if the vacancy occurs after the eighty-fourth day prior to the
regularly scheduled primary election for a new full term of the
office.
The election shall follow the requirements of section one
of this article that are not in conflict with this section.
_____(b) If there is a vacancy in the representation from this state
in the Senate of the United States Congress, the vacancy shall be
filled by the Governor of the state by appointment and:
_____(1) If the vacancy occurs on or before the primary cutoff date,
then an election shall be held pursuant to section one of this
article; or
_____(2) If the vacancy occurs after the primary cutoff date, but
on or before the general cutoff date, then the Governor shall issue
a proclamation providing for (A) a special filing period, (B) a
special primary election to be held in conjunction with the upcoming
general election and (C) a special general election to be held not
less than eighty-four nor more than one hundred twenty days
following the date of the special primary election. Each election
shall follow the requirements of section one of this article that
are not in conflict with this section.
§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,
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
The 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 persons 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) 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. The appointment to fill a vacancy in
the House of Delegates is for the unexpired term.
(c) 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. If the unexpired term in the office of the
state Senator will be for less than two years and two months, the appointment 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 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 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 the publication shall be each county in the senatorial
district. Nominations for candidates to fill 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. The appointment to fill
a vacancy in the State Senate is for the unexpired term, unless
section one of this article requires a subsequent election to fill
the remainder of the term, which shall follow the procedure set
forth in section one of this article.
§3-10-6. Vacancy in office of circuit court clerk.
(a) When a vacancy occurs in the office of clerk of the circuit
court, the circuit court by a majority vote of the judges or the
chief judge thereof in vacation, shall fill the same within thirty
days of the vacancy by appointment of a person of the same political
party as the officeholder vacating the office until the next general
election, or until the completion of the term if the term ends on
December 31, following the next general election. The person so
appointed shall hold office until his or her successor is elected
and qualified. At the general election, a clerk shall be elected
for the unexpired term if the unexpired term is greater than one
year for the period required by section one of this article.
(b) Notwithstanding any code provision to the contrary, the
chief judge may appoint a temporary successor to the office of clerk
of the circuit court 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.
_____The (c) If an election is necessary, the circuit court, or the
chief judge thereof in vacation, shall cause a notice of the
election to be published prior to the election as a Class II-0 legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code. The publication area for the
publication shall be the county is responsible for the proper
proclamation, by order and notice required by section one of this
article.
candidates to fill the vacancy shall be nominated at the
primary election in accordance with the time requirements and the
provisions and procedures prescribed in section eleven, article five
of this chapter. If (d) Section one of this article shall be
followed with respect to any election needed to fill a vacancy,
except that if If the vacancy occurs no later than the eighty-fourth
day before the primary election held to nominate candidates to be
voted for at the general election, at which any vacancy is to be
filled, the vacancy occurs after the eighty-fourth day before the
primary cutoff date but not later than the eighty-fourth day before
the general election, they general cutoff date, candidates to fill
the vacancy shall be nominated by the county executive committee in
the manner provided in section nineteen, article five of this
chapter, as in the case of filling vacancies in nominations, and the
names of the persons, so nominated and certified to the clerk of the
county commission of the county, shall be placed upon the ballot to
be voted at the next general election.
§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
for the period stated by section one of this article. 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. The clerk shall be
appointed within 30 days of the vacancy.
_____Notice of the election shall be given by order of the county
commission and published as prescribed in section six of this
article.
(b) Notwithstanding any code provision to the contrary, 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.
_____(c) If an election is necessary under section one of this
article, the county commission, or the president thereof in vacation, shall be responsible for the proper proclamation, by
order, and notice required by section one of this article.
_____(d) Section one of this article shall be followed with respect
to any election needed to fill a vacancy, except that if the vacancy
occurs after the primary cutoff date but not later than the general
cutoff date, candidates to fill the vacancy shall be nominated by
the county executive committee in the manner provided in section
nineteen, article five of this chapter, as in the case of filling
vacancies in nominations, and the names of the persons, so nominated
and certified to the clerk of the county commission of the county,
shall be placed upon the ballot to be voted at the next general
election. 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.
(e) 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.
§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 within thirty days of the vacancy 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. for the period stated by section one of this
article.
(b) Notwithstanding any code provision to the contrary, a
county commission may appoint a temporary successor to 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.
_____(c) If an election is necessary under section one of this
article, the county commission, or the president thereof in
vacation, shall be responsible for the proper proclamation, by
order, and notice required by section one of this article.
_____(d) Section one of this article shall be followed with respect
to any election needed to fill a vacancy, except that if the vacancy
occurs after the primary cutoff date but not later than the general
cutoff date, candidates to fill the vacancy shall be nominated by
the county executive committee in the manner provided in section
nineteen, article five of this chapter, as in the case of filling
vacancies in nominations, and the names of the persons, so nominated
and certified to the clerk of the county commission of the county,
shall be placed upon the ballot to be voted at the next general
election.
§3-10-9. Costs of special elections paid by state.
_____If an election as required by sections two or four of this
article cannot be held in conjunction with the regular election
dates, then
the cost of printing ballots and all other reasonable
and necessary expenses in holding and making the return of the new
election to fill a vacancy are obligations of the state incurred by
the ballot commissioners, clerks of the county commissions and
county commissions of the various counties as agents of the state. All expenses of the new election are to be audited by the Secretary
of State. The Secretary of State shall prepare and transmit to the
county commissions forms on which the county commissions shall
certify all expenses of the new election to the Secretary of State.
If satisfied that the expenses as certified by the county
commissions are reasonable and were necessarily incurred, the
Secretary of State shall requisition the necessary warrants from the
Auditor of the state to be drawn on the State Treasurer and shall
mail the warrants directly to the vendors of the new election
services, supplies and facilities.