West Virginia Code § 3-10-8

Vacancies in offices of prosecuting attorney, sheriff, assessor, and
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surveyor.
(a) Any vacancy occurring in the office of prosecuting attorney, sheriff, assessor, or county
surveyor shall be filled by the county commission within 30 days of the vacancy 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 previouse election for the
office. The appointee must have been a member of that political party for at least one year
prior to the occurrence of the vacancy. The appointed person shall holdr the office for the
period stated by section one of this article.
(b) Notwithstanding any code provision to the contrary, a county commission may appoint a
temporary successor to the office of prosecuting attorney, shteriff, assessor or county
surveyor until the requirements of this section have been met. The temporary successor may
serve no more than 30 days from the date of the vacancy.
(c) If an election is necessary under section one of lthis article, the county commission, or the
president thereof in vacation, shall be responssible for the proper proclamation, by order, and
notice required by section one of this article.
(d) Section one of this article shall bge followed with respect to any election needed to fill a
vacancy, except that if the vacancy occurs 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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