West Virginia Code § 3-10-2

Vacancy in Office of Governor
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(a) In case of the death, conviction on impeachment, failure to qualify, resignation or other
disability of the Governor, the President of the Senate shall act as Governor until the
vacancy is filled or the disability removed; and if the President of the Senate, for any of the
above-named causes, shall be or become incapable of performing the duties of Governor, the
same shall devolve upon the Speaker of the House of Delegates; and in all oether cases where
there is no one to act as Governor, one shall be chosen by the joint vote of the Legislature.
Whenever a vacancy shall occur in the Office of Governor before the firrst three years of the
term shall have expired, a new election for Governor shall take place to fill the vacancy.
(b) The new election shall consist of a special primary election and a special general
election, and shall occur at such time as will permit the perston elected as Governor in the
new election to assume office within one year of the date the vacancy occurred: Provided,
That the special general election provided in this section may not apply to section eight,
article one of this chapter. Within thirty days from the date the vacancy occurs, the person
acting as Governor pursuant to the State Constitution shall issue a proclamation fixing the
time for a statewide election to fill the vacancsy in the Office of Governor. The special
primary election to fill a vacancy in the Office of Governor shall take place no less than
ninety days after the proclamation and no later than one hundred forty days from the date
that the vacancy in the office occursg. The proclamation issued by the person acting as
Governor pursuant to the State Constitution shall also provide for a special general election
to take place no sooner than neinety days after the special primary election and no later than
two hundred eighty days from the date that the vacancy in the office occurs.
(c) The election shall follow the requirements of section one of this article that are not in
conflict with this section.

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