Vacancies on the Ballot
What are "ballot vacancies"?
Vacancies occur on the
ballot for regular terms when no candidate files (or not enough
file to fill the available positions), when candidates withdraw,
die or become unable to continue the race, or when candidates are
removed because of ineligibility.
Who fills ballot vacancies?
For most partisan offices, the
appropriate political party executive committee can fill a vacancy
on the ballot. The appropriate committees are: the state executive
committee for statewide vacancies; congressional, senatorial and
delegate district committees for multi-county district vacancies
for their respective legislative districts; and county executive
committees for single-county legislative districts and partisan
county offices. Currently, no committee has authority to fill a
circuit judge ballot vacancy.
How is a ballot vacancy filled?
The proper committee must meet with a quorum
present and select a candidate by majority vote. If the committee
meets but fails to get a quorum or fails to agree, the committee
chair can make the appointment. The appointment is not complete
until the certificate of appointment, the candidate's
certificate of announcement, and the filing fee are
filed by the deadline with the proper filing officer.
What are the new deadlines for filling ballot vacancies?
When no candidate files, or the candidate withdraws
by February 12, 2008:
|
| February
8
(for committee) & February 12 (for chair)
|
Deadlines for
filing appointments for name to go
on the primary election ballot.
|
February 25 (for committee) &
February 27 (for chair)
|
Deadlines for filing
appointments for name to go on general election ballot.
|
|
When a vacancy occurs by August
12, 2008 because nominee is
disqualified or incapacitated, or vacancy occurs in office not on
ballot:
|
August 18 (for committee) &
August 23 (for chair)
|
Deadlines for
filing appointments for name to go on
general election ballot.
|
|
When a nominee withdraws by
August 12, 2008, due to extenuating
personal circumstances which will prevent the candidate from
serving if elected:
|
| August 12 |
Deadline for written
application to State Election Commission for permission to
withdraw.
|
August 18 (for committee) & August 20 (for chair)
|
Deadlines for filing
appointments if the SEC approves
withdrawal and filling vacancy.
|
|
When a nominee dies on or before October
10:
|
Executive Committee may appoint nominee no later than 21
days following death of candidate or incumbent in office
not on the ballot (chair no later than 23 days following
death), or no later than October 13, whichever
date occurs first. Since ballots have already been
printed by this time, WV Code provides for the use of
stickers in cases of late nominations. |
For a calendar of
deadlines relating to filling ballot
vacancies, visit Candidate
Calendars 2008.
|
