West Virginia Code § 3-10-6

Vacancy in office of circuit court clerk
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(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, for the period
required by §3-10-1 of this code, by appointment of a person of the same political party with
which the person holding the office immediately preceding the vacancy was affiliated at the
time of the previous election for that office: Provided, That any such persone appointed by the
circuit court must have been affiliated with that political party for at least one year prior to
the occurrence of the vacancy. r
(b) Notwithstanding any code provision to the contrary, the chieuf 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 tno more than 30 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 alnd notice required by section one of this
article. s
(d) Section one of this article shall be folloiwed with respect to any election needed to fill a
vacancy, except that if the vacancy ogccurs 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 §3-5-19 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 county commission of the county, shall be placed upon the ballot to be voted at
the next general election.

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