COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 557
(By Senators Kessler, Oliverio, D. Facemire and Minard)
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[Originating in the Committee on the Judiciary;
reported February 26, 2010.]
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A BILL to amend and reenact §3-10-5 of the Code of West Virginia,
1931, as amended, relating to the procedures for vacancies in
the state Legislature; authorizing the President of the Senate
and the Speaker of the House of Delegates to fill vacancies in
their respective bodies; increasing required time left in term
to trigger election to fill vacancy.
Be it enacted by the Legislature of West Virginia:
That §3-10-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. FILLING VACANCIES.
§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, in each instance President of the Senate or the Speaker
of the House of Delegates, as the case may be, 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 list of
qualified persons to fill the vacancy shall be submitted to the
Speaker of the House of Delegates within fifteen days after the
vacancy occurs and the Speaker shall duly make his or her
appointment to fill the vacancy from the list of legally qualified
person within five days after the list is received. If the list is
not submitted to the Speaker within the fifteen day period, the
Speaker shall appoint within five days thereafter a legally
qualified person of the same political party as the person vacating
the office.
(b) of the delegate district in 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.
If the delegate district covers all or part of more than one
county, all three qualifying persons shall be residents of the
portion of the county and district in which the vacating member
resided at the time of his or her election or appointment to the
House of Delegates. The appointment to fill a vacancy in the House
of Delegates is for the unexpired term.
(c) and by the party executive committee of the state
senatorial district in In the case of a State Senator,
the list
shall be submitted to the President of the Senate 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. The President shall duly make his or her appointment
to fill the vacancy from the list of legally qualified person
within five days after the list is received. If the list is not
submitted to the President within the fifteen day period, the
President shall appoint within five days thereafter a legally
qualified person of the same political party as the person vacating
the office. of the party with which the person holding the office
immediately preceding the vacancy was affiliated, and of the county
or state senatorial district, respectively, in which he resided at
the time of his election or appointment. If the vacating member of
the House of Delegates resided in a county only a portion of which
is included in his delegate district, all three of the qualified
persons submitted shall be residents of that portion of the county
in which the vacating delegate resided at the time of his election
or appointment to the House of Delegates. The appointment to fill
a vacancy in the House of Delegates shall be for the unexpired
term. Such list of legally qualified persons to fill the vacancy
shall be submitted to the Governor within fifteen days after such
vacancy occurs and the Governor shall duly make his appointment to fill such vacancy from such list of legally qualified persons
within five days after same is received. If such 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 political party of the person vacating the
office. If the unexpired term in the office of the State Senator
will be for less than two years and
two six months, the appointment
shall be is for the unexpired term. If the unexpired term
will be
for a period
equal to or longer than two years and
two six months,
the appointment
shall be 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 election and qualification of a
successor at the next general election. The election shall be 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
prior to such 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
such the publication shall be each
county in the senatorial district. Nominations for candidates to
fill
such 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
: Provided, That such nomination be filed with the Secretary of State no later than
fifty-six day prior to the affected 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.
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(NOTE: The purpose of this bill is to clarify the procedures
for filling vacancies in the State Legislature and to authorize the
President of the Senate and the Speaker of the House of Delegates
to fill the vacancies rather than the Governor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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