SB 586: Relating to requirements for filling vacancies in certain elected federal, state, and county offices - West Virginia

sb586 hfat akers and gearheart 4-10 adopted.htm → sb586 sfa martin _3 4-12 adopted.htm · 3 edits

MINOR

The bill moved from a House amendment to a Senate amendment, changing the sponsor and adding specific instructions for amending the bill. The Senate version adds language to clarify how party committees apply in single-county districts and simplifies vacancy language by removing conditional charter provisions.

Scope change

The bill's scope remains focused on filling vacancies in federal, state, and county offices, but the Senate amendment adds clarification for single-county districts and streamlines vacancy procedures.

REQUIREMENT

Added language specifying that in single-county senatorial or delegate districts, the county executive party handles candidate selection instead of the district committee.

Removed conditional language about charter provisions or ordinances when vacancies occur, making the vacancy process apply universally without exceptions.

SCOPE

Changed bill sponsor from Representatives Akers and Gearheart to Senator Martin, indicating the bill moved from House to Senate amendment stage.

sb586 hfat akers _1 4-12 adopted.htm → sb586 hfat akers and gearheart 4-10 adopted.htm · 3 edits

MINOR

The bill's title was amended to reflect joint sponsorship by Delegates Akers and Gearheart instead of just Delegate Akers. The scope of the bill was narrowed by removing references to municipal offices, changing the title from 'federal, state, county, and municipal offices' to 'federal, state, and county offices'. The amendment also removed a reference to 'municipal' in the list of sections being amended. These changes narrow the bill's application to exclude municipal office vacancies.

Scope change

The bill's scope was narrowed by removing municipal offices from the list of offices to which the vacancy-filling requirements apply.

SCOPE

Removed 'municipal' from the list of offices covered by the bill, changing the scope from federal, state, county, and municipal offices to only federal, state, and county offices.

TECHNICAL

Changed the bill's title line from 'SB586 HFAT Akers #1 4-12' to 'SB586 HFAT Akers and Gearheart 4-10' to reflect joint sponsorship and a different date.

Removed the 'municipal' reference from the list of Code sections being amended in the title description.

sb586 hfa rohrbach 4-10 _1 adopted.htm → sb586 hfat akers _1 4-12 adopted.htm · 3 edits

MINOR

The bill was amended to change the version identifier from Rohrbach to Akers and to add a detailed title describing the bill's purpose. The substantive content of the bill regarding vacancy filling procedures was not changed in this diff.

TECHNICAL

Version identifier changed from 'HFA Rohrbach 4-10' to 'HFAT Akers 4-12', indicating a different delegate sponsor and later date.

Added a new motion text from Delegate Akers that substitutes the bill's title with a comprehensive description of its provisions.

Removed Delegate Rohrbach's amendment motion that proposed inserting a new section on municipal vacancies.

sb586 hfa holstein 4-11 _1 adopted.htm → sb586 hfa rohrbach 4-10 _1 adopted.htm · 3 edits

MINOR

The bill amendment was changed from Delegate Holstein's proposal to Delegate Rohrbach's proposal. The original amendment would have applied state executive committee rules to vacancy filling processes, while the new amendment establishes specific procedures for filling municipal vacancies with same-party appointees who have been affiliated with the party for at least one year.

Scope change

The scope expanded from a general procedural amendment about political party rules to specific municipal vacancy filling procedures under Chapter 8, Article 5.

REQUIREMENT

Changed the amendment location from page 5, section 5, line 31 to page 10, immediately following line 20.

Removed the original requirement that vacancy filling processes be governed by state executive committee rules of the political party.

ELIGIBILITY

Added new Chapter 8, Article 5 provisions requiring municipal vacancies to be filled by appointment from same-party residents affiliated with the party for at least one year prior to vacancy.

sb586 hjud am. _1 4-7 adopted.htm → sb586 hfa holstein 4-11 _1 adopted.htm · 1 edit

MINOR

The bill was amended to add a new requirement that the process for composing and submitting candidate lists for filling vacancies must follow the rules of the state executive committee of the relevant political party, rather than relying solely on local party executive committees. This change centralizes oversight of the vacancy-filling process at the state party level.

Scope change

The scope of the bill was expanded to include state-level party rules as the governing authority for vacancy list composition and submission, affecting all offices covered under Chapter 3, Article 10 and Chapter 50, Article 1.

REQUIREMENT

Added a new requirement that vacancy candidate list composition and submission must be governed by state executive committee rules instead of local party rules.

Committee Substitute for the Committee Substitute → sb586 hjud am. _1 4-7 adopted.htm · 7 edits

MODERATE

The bill was completely rewritten by the Judiciary Committee to streamline vacancy-filling procedures across multiple offices. The new version simplifies language, clarifies timelines for appointments and elections, and adds specific rules for filling vacancies in state legislative seats and county offices. It also modifies how vacancies in magistrate offices are handled and updates procedures for filling vacancies in federal congressional seats.

Scope change

The bill's scope was expanded to include more detailed procedures for vacancies in state Senate and House of Delegates seats, county commissioner offices, and county clerks. It also clarified the process for vacancies in federal congressional representation.

REQUIREMENT

Simplified and reorganized the text of §3-10-3 to remove redundant language and clarify the appointment process for state officials, making the requirements for political party affiliation and one-year membership thresholds clearer.

Added new subsections to §3-10-3(d) and §3-10-3(e) to provide specific rules for when vacancies occur relative to election cycles, including special candidate filing periods for judicial and magistrate offices.

Added §3-10-4 to establish detailed procedures for filling vacancies in U.S. Congressional representation, including special election timelines and party nomination requirements.

Added §3-10-5 to specify how vacancies in state Senate and House of Delegates seats are filled, including rules about which party executive committee submits candidate lists based on the district type.

Added §3-10-6 and §3-10-7 to create new procedures for vacancies in circuit court clerks and county commissioner offices, including temporary successor provisions and specific rules for counties with multiple vacancies.

Modified §50-1-6 to clarify the process for filling magistrate vacancies, including provisions for temporary appointments and notice requirements for judicial elections.

TECHNICAL

Removed the original Committee Substitute version text and replaced it entirely with the Judiciary Committee's amended version, which reorganized and clarified the statutory language.

Committee Substitute → Committee Substitute for the Committee Substitute · 6 edits

MODERATE

This bill significantly expanded the scope of offices subject to political party affiliation requirements for filling vacancies, added provisions for temporary acting officials, and modified election procedures for certain positions. The changes clarify and extend the application of party affiliation rules to more state and local offices while maintaining the one-year party membership requirement.

Scope change

The bill expanded the scope of offices covered by vacancy appointment rules to include additional state constitutional officers, appellate judges, circuit court judges, family court judges, and county officials. It also added provisions for temporary acting officials in certain executive offices.

SCOPE

Added Justice of the Supreme Court of Appeals, Judge of the Intermediate Court of Appeals, circuit court judges, and family court judges to the list of offices requiring appointments from the vacating official's political party.

Added requirement that process for selecting candidates to fill state Senate and House of Delegates seats be governed by the respective political party's state executive committee.

REQUIREMENT

Added authority for the Governor to appoint temporary acting officials for certain constitutional officer vacancies until permanent appointments are made.

Modified the list of offices covered in §3-10-3 to include additional judicial positions and circuit/family court judges.

TIMELINE

Corrected formatting in §3-10-4 regarding special election procedures for vacancies occurring between primary and general election cutoff dates.

TECHNICAL

Minor formatting corrections including changing 'thirty days' to 'thirty 30 days' and adjusting punctuation in several sections.

Enrolled Version → Committee Substitute · 5 edits

MODERATE

The bill was amended to remove provisions related to filling vacancies in federal offices (U.S. Congress) and to streamline the text of the committee substitute version. The substantive policy regarding how state and local vacancies are filled remains largely intact, though some wording was adjusted for clarity and consistency.

Scope change

The bill's scope was narrowed by removing the section on vacancies in the U.S. House and Senate, which were previously included in the enrolled version but excluded in the committee substitute.

SCOPE

Removed all provisions related to filling vacancies in the U.S. House of Representatives and U.S. Senate, which were present in the Enrolled Version but excluded in the Committee Substitute.

REQUIREMENT

Adjusted wording in §3-10-3(a) to clarify that the political party affiliation requirement applies to the time the vacancy occurred, rather than the time of the previous election.

Added explicit language in §3-10-5(a) stating that the process for composing and submitting the list of candidates is governed by the rules of the state executive committee of the political party.

Revised §3-10-7 to include detailed procedures for eliminating names from a candidate list when a quorum cannot make an appointment, including provisions for drawing by lot in case of equal tenure.

Added §3-10-7(h) to specify how to handle elections where both full term and unexpired term positions are on the same ballot, ensuring the full term candidate is seated if they win both.

Introduced Version → Enrolled Version · 6 edits · Apr 29, 2025

MODERATE

This bill expands the scope of West Virginia's vacancy-filling rules to include municipal offices and adds new provisions for magistrate courts. It requires that appointed officials for state, county, and municipal offices must have been members of the same political party as the person who vacated the office for at least one year prior to the vacancy. The bill also introduces new procedures for filling magistrate vacancies, including the ability for circuit judges to appoint successors when a magistrate resigns or retires.

Scope change

The bill expands from state and county offices to include municipal elective offices and adds specific provisions for magistrate court vacancies that were previously not covered in detail.

SCOPE

Added provisions for filling vacancies in municipal elective offices, requiring appointments from the same political party as the previous officeholder.

Added new procedures for magistrate court vacancies, allowing circuit judges to appoint successors when a magistrate resigns or retires.

REQUIREMENT

Strengthened party affiliation requirements by explicitly requiring that appointed officials must have been party members for at least one year prior to the vacancy.

Added provisions for temporary successors in county clerk, prosecuting attorney, sheriff, assessor, and surveyor offices, limited to 30 days.

TIMELINE

Added specific filing deadlines for judicial candidates, requiring certificates of announcement between the first Monday in August and 77 days before the general election.

ELIGIBILITY

Added residency requirements for state legislative vacancies, requiring appointees to have resided in the district for one year prior to appointment.

Relating to requirements for filling vacancies in certain elected federal, state, and county offices

What changed between versions

How they voted

Actions timeline

Sponsors