West Virginia Supreme Court Orders Governor to Call a Special Gubernatorial Election This Year

On January 18, the West Virginia Supreme Court ruled unanimously that the State Constitution requires a new election when the Governor leaves office more than a year before his or her term expires. See the 19-page opinion here. The case is State ex rel West Virginia Citizens Action Group v Tomblin, 101494.

The opinion also notes that the election code requires that qualified parties choose their nominees in a special gubernatorial election by convention, not by primary. The decision notes that the legislature may possibly wish to amend that law quickly, if it desires primaries. The Governor will choose the date for the election, but it probably won’t be until the second half of 2011. The decision also strikes down as unconstitutional an election law that seemed to say there should be no special gubernatorial election in cases such as this.

West Virginia is one of the few states that does not elect a Lieutenant Governor. The people who argued against a special election said the President of the State Senate should serve as Governor until the next regularly-scheduled election, which is in November 2012.

Comments

West Virginia Supreme Court Orders Governor to Call a Special Gubernatorial Election This Year — No Comments

Demo Rep on January 18, 2011 at 5:15 pm said:

Other officers fill in for executive/judicial vacancies or have temporary appointments.

What State can afford very expensive special elections for ANY thing ANY more ???
Deemer from California on January 19, 2011 at 8:45 am said:

Richard:

Does this give the Constitution and Libertarian Parties a golden opportunity to qualify themselves EARLY for the 2012 Presidential ballot?
Tom McLaughlin on January 19, 2011 at 9:03 am said:

“The Governor will choose the date for the election,..”

The date of a Special Election to fill the vacancy when the Governor leaves office is chosen by the Governor?
Richard Winger on January 19, 2011 at 12:40 pm said:

I don’t think the special election for Governor will be an opportunity for a new party to gain status as a qualified party. The definition of political party, a group that polled 1% for Governor, seems to mean only regular gubernatorial elections count.
Jeff Becker on January 19, 2011 at 3:53 pm said:

RE: early opportunity for Constitution and Libertarian parties

I have a call in to Delegate Jonathan Miller who was instrumental in crafting the ballot access law for our special senate election last year. I will soon find out.

Interesting that upon reading the court decision the Sec of State wants a minimum of 195 days from the proclamation, but last year, the proclamation was on July 20 which was barely over 100 days from the Nov 2 election. Just a bunch of whiners!