summary
Introduced
02/20/2025
02/20/2025
In Committee
03/18/2025
03/18/2025
Crossed Over
03/17/2025
03/17/2025
Passed
Dead
04/12/2025
04/12/2025
Introduced Session
2025 Regular Session
Bill Summary
A BILL to amend and reenact §3-10-3, §3-10-4, §3-10-5, §3-10-6, §3-10-7, and §3-10-8 of the Code of West Virginia, 1931, as amended, and to amend and reenact §50-1-6 of said Code; all relating to requirements for filling vacancies in certain elected federal, state, and county offices; prohibiting the appointment of an individual to fill a vacant office if that person has not been a member of his or her registered political party for at least one year prior to the occurrence of the vacancy; authorizing the Governor to appoint an acting official to perform the duties of a constitutional officer until the office is filled by appointment; relating to filling vacancies in the office of magistrate; providing that vacancies in the office of magistrate with an unexpired term of more than two years are filled by subsequent nonpartisan judicial election held concurrently with the primary or general election, whichever occurs first; excluding vacancies in the office of magistrate from certain other provisions relating to process for filling vacancies; authorizing prospective vacancy due to upcoming resignation or retirement of a magistrate to be filled by circuit judge or chief circuit judge; and requiring generally that partisan office appointments be made from the political party with which the individual vacating the office was affiliated at the time of the previous election for that office.
AI Summary
This bill modifies the process for filling vacancies in various elected offices across West Virginia, primarily focusing on ensuring that appointees are members of the same political party as the previous office holder and have been affiliated with that party for at least one year. The bill introduces several key changes, including allowing the Governor to appoint a temporary acting official for certain state-level positions, modifying procedures for filling vacancies in the state Legislature, county offices, and judicial positions. For magistrate positions, the bill specifically allows circuit judges to fill vacancies or anticipated vacancies due to upcoming resignations or retirements, and establishes that vacancies with unexpired terms of more than two years will be filled through a nonpartisan judicial election held concurrently with the primary or general election. The legislation aims to standardize and clarify the appointment process across different levels of government, ensuring political continuity and providing clear guidelines for filling elected positions when unexpected vacancies occur. The bill applies to a wide range of offices, including state officials, congressional representatives, legislators, county officials, court clerks, and magistrates, with specific provisions tailored to each type of position.
Committee Categories
Justice
Sponsors (3)
Last Action
To Judiciary (on 03/18/2025)
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