§5-1-22. Vacancies in offices filled by appointment of governor;
Senate action; bond requirements; filling vacancies in
other appointive offices.
In case of a vacancy, during the recess of the Senate, in any
office, which vacancy the governor is authorized to fill by and
with the advice and consent of the Senate, the governor shall, by
appointment, fill such vacancy until the next meeting of the
Senate, when the governor shall submit to the Senate a nomination
to fill such vacancy and, upon confirmation of such nomination by
the Senate, by a vote of a majority of all the members elected to
the Senate, taken by yeas and nays, the person so nominated and
confirmed shall hold said office during the remainder of the term
for which his predecessor in office was appointed, and until his
successor shall be appointed and qualified. No person whose
nomination for office has been rejected by the Senate shall be
again nominated for the same office during the session in which his
nomination was so rejected, unless at the request of the Senate,
nor shall he be appointed to the same office during the recess of
the Senate. No appointee who resigns from any such office prior to
confirmation, or whose name has not been submitted for confirmation
while the Senate is in session, shall be eligible, during the
recess of the Senate, to hold any office the nomination for which
must be confirmed by the Senate.
The bond, if any, required by law to be given by any officer
so temporarily appointed by the governor, shall be in such penalty as is required by law of the incumbent of such office.
Any vacancy in any other office filled by appointment, or in
any office hereafter created to be filled by appointment, shall be
filled by the same person, court or body authorized to make
appointment to such office for the full term thereof.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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