West Virginia § 3-10-8 Vacancies in offices of prosecuting attorney, sheriff, assessor, and surveyor

West Virginia Statutes

§ 3-10-8 — Vacancies in offices of prosecuting attorney, sheriff, assessor, and surveyor

West Virginia § 3-10-8

Ch. 3ELECTIONS

Art. 10FILLING VACANCIES

This text of West Virginia § 3-10-8 (Vacancies in offices of prosecuting attorney, sheriff, assessor, and surveyor) 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 § 3-10-8 (2026).

Text

(a)Any vacancy occurring in the office of prosecuting attorney, sheriff, assessor, or county surveyor shall be filled by the county commission within 30 days of the vacancy 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 the office. The appointee must have been a member of that political party for at least one year prior to the occurrence of the vacancy. The appointed person shall hold the office 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 requiremen

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(a) Any vacancy occurring in the office of prosecuting attorney, sheriff, assessor, or county surveyor shall be filled by the county commission within 30 days of the vacancy 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 the office. The appointee must have been a member of that political party for at least one year prior to the occurrence of the vacancy. The appointed person shall hold the office 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 30 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 §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; 2020 Reg. Sess., SB204; 2017 Reg. Sess., SB572; 2013 Reg. Sess., HB2397; 2013 Reg. Sess., SB527; 2012 Reg. Sess., SB354; 2003 Reg. Sess., SB648; 1991 Reg. Sess., SB629; 1963 Reg. Sess., SB2; 1955 Reg. Sess., HB26