(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 by appointment of a person of the same political party as the officeholder vacating the office for the period required by section one of this article.
(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 thirty 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 section nineteen, article five of this chapter, 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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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