West Virginia § 3-10-6 Vacancy in office of circuit court clerk

West Virginia Statutes

§ 3-10-6 — Vacancy in office of circuit court clerk

West Virginia § 3-10-6

Ch. 3ELECTIONS

Art. 10FILLING VACANCIES

This text of West Virginia § 3-10-6 (Vacancy in office of circuit court clerk) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 3-10-6 (2026).

Text

(a)When a vacancy occurs in the office of clerk of the circuit court, the circuit court by a majority vote of the judges shall fill the same within thirty days of the vacancy, for the period required by §3-10-1 of this code, by appointment of a person of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time of the previous election for that office:Provided, That any such person appointed by the circuit court must have been affiliated with that political party for at least one year prior to the occurrence of the vacancy.

(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

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(a) When a vacancy occurs in the office of clerk of the circuit court, the circuit court by a majority vote of the judges shall fill the same within thirty days of the vacancy, for the period required by §3-10-1 of this code, by appointment of a person of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time of the previous election for that office:Provided, That any such person appointed by the circuit court must have been affiliated with that political party for at least one year prior to the occurrence of the vacancy.

(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 30 days from the date of the vacancy.

(c) If an election is necessary, the circuit court, or the chief judge thereof in vacation, is 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 §3-5-19 of this code, 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.

Legislative History

2025 Reg. Sess., SB586; 2024 Reg. Sess., HB5373; 2013 Reg. Sess., SB527; 2005 Reg. Sess., SB669; 1991 Reg. Sess., SB629; 1967 Reg. Sess., SB270; 1963 Reg. Sess., SB2