Subject to the provisions of section one, article ten, chapter three of this code, when a vacancy occurs in the office of magistrate, the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, shall fill the same by appointment of a person of the same political party as the officeholder vacating the office.
At a general election in which a magistrate is elected for an
unexpired term, the circuit judge, or the chief judge thereof if
there is more than one judge of the circuit court, shall cause a
notice of such election to be published prior to such 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 publication shall be the county involved.
If the vacancy occurs before the primary election held to nominate
candidates to be voted for at the general election, at which any
such vacancy is to be filled, candidates to fill such vacancy shall
be nominated at such primary election in accordance with the time
requirements and the provisions and procedures prescribed in
article five, chapter three of this code. Otherwise, they shall be
nominated by the county executive committee in the manner provided
in section nineteen, article five, chapter three 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 circuit
court of such county shall be placed upon the ballot to be voted at
such next general election.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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