(1) There is confusion concerning when a candidate for county commission must be a resident of the magisterial district he or she wants to represent;
(2) The supreme court has discussed the residency requirement in several cases and has conflicting interpretations;
(3) It is imperative that this issue be permanently resolved at the time of filing to ensure the citizens have choice on the ballot;
(4) It is essential the citizens know they are voting for a person who is qualified to be a candidate; and
(5) With the expense of holding an election, tax payer moneys should not be wasted of officials who could never serve.
(b) A candidate for the office of county commissioner shall be a resident from the magisterial district for which he or she is seeking election:
(1) By the last day to file a certificate of announcement pursuant to section seven, article five, chapter three of this code; or
(2) At the time of his or her appointment by the county executive committee or the chairperson of the county executive committee.
Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.