2025 Regular Session
SB 642
Relating to vacancies in office of magistrate
In Committee
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia law regarding how vacancies in magistrate offices are filled. Specifically, it states that if a magistrate’s term is longer than two years, a subsequent nonpartisan judicial election must be held to fill the vacancy, coinciding with either the primary or general election. The bill also clarifies that this election requirement does not apply to vacancies in other state official positions.
Key provisions
- Vacancies in magistrate offices with unexpired terms exceeding two years will be filled by a subsequent nonpartisan judicial election.
- The election for magistrate vacancies will occur concurrently with either the primary or general election.
- The bill clarifies that this election requirement does not apply to vacancies in offices held by Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, Justices of the Supreme Court of Appeals, judges of the Intermediate Court of Appeals, judges of circuit courts, and judges of family courts.
- A special candidate filing period will be established for elections to fill vacancies in magistrate offices, occurring between the first Monday of August and 77 days before a general election.
- The bill addresses inconsistencies with previous legislation (HB4785) regarding magistrate vacancies.
Who is affected
- Magistrate offices
- West Virginia voters
- Judicial candidates
- State government
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