H. B. 2221
(By Delegates Lindsey and Fealey)
[Introduced February 22, 1993; referred to the
Committee on Education.]
A BILL to amend section two, article five, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-
one, as amended, relating to filling vacancies in county
boards of education.
Be it enacted by the Legislature of West Virginia:
That section two, article five, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-2. Filling vacancies.
(a) The board shall, by appointment, fill within forty-five
days any vacancy that occurs in its membership. In the event
that the board does not fill the vacancy within forty-five days,
the state superintendent of schools shall appoint a person to
fill the vacancy:
(b) (1) When the vacancy occurs after the eighty-fourth day
before a general election, and the affected term of office endson the thirtieth day of June following the next primary election,
the person appointed to fill the vacancy shall continue in office
until the completion of the term.
(2) When the vacancy occurs after the eighty-fourth day
before a general election and not later than the close of
candidate filing for the next succeeding primary election, and
the affected term of office does not end on the thirtieth day of
June following the next primary election, an election for the
unexpired term shall be held at the next primary election, and
the appointment shall continue until a successor is elected and
certified and the appointment shall continue until the thirtieth
day of June following the primary election with the duly elected
and certified successor taking office on July 1 following the
primary election and serving until the expiration of the original
term of office.
(3) When the vacancy occurs after the close of candidate
filing for the primary election and not later than eighty-four
days before the general election, the vacancy shall be filled by
election in the general election, and the appointment shall
continue until a successor is elected and certified.
NOTE: The purpose of this bill is to clarify how a county
board of education can fill a short-term vacancy which occurs in
a primary election year.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.