Candidates — Ballot Vacancies
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: |
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| February 25 (for committee) & February 27 (for chair) | Deadlines for filing appointments for name to go on the primary election ballot. |
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When a vacancy occurs by August 12, 2008 because nominee is disqualified or incapacitated, or vacancy occurs in office not on ballot: |
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August 18 (for committee) & August 20 (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: |
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| 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. |
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When a nominee dies on or before October 10: |
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Committee may appoint 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), but in any case no later than October 14 for committee or October 16 for chair. Since ballots have already been printed at this time, WV Code provides the use of stickers in cases of late nominations. |
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