Committee approves committee substitute for SB 586 tightening party‑affiliation and residency rules for appointments to vacancies
February 25, 2025 | 2025 Legislature WV, West Virginia
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The Senate Government Organization Committee voted to report a committee substitute for Senate Bill 586 to the full Senate with the recommendation that it pass and, under original double committee reference, to first refer the bill to the Judiciary Committee. The substitute changes statutory requirements for filling vacancies in several federal, state and county offices.
Committee counsel Carl explained that the substitute amends multiple sections of Chapter 3 of the West Virginia Code. The primary change requires that a person appointed to fill a vacancy must have been affiliated with the same political party as the person who held the office at the time of the prior election for at least one year before the vacancy occurred; the prior law determined party affiliation as of the time the vacancy was created. For State Senate and House of Delegate vacancies the bill also requires that the party executive committee composing the list of candidates follow its own rules and that the appointee have resided within the district for the year preceding appointment.
Counsel said the provisions mirror terms in Senate Bill 139 and that the substitute does not create internal code conflicts. The bill applies to a list of offices shown in the committee materials and cited during discussion, including the Board of Public Works, U.S. Senate, State Senate, House of Delegates and several county positions (Circuit Clerk, County Commission or County Counsel, County Clerk, Prosecuting Attorney, Sheriff, Assessor, and Surveyor). The transcript records Senator Garcia as the lead sponsor present in committee.
A junior senator pressed for clarification about how the one‑year party‑affiliation requirement aligns with candidacy timing; counsel said he did not know and deferred. The committee then voted to report the substitute to the full Senate with the recommendation that it pass and to refer it first to the Judiciary Committee under the double reference; the motion was adopted by voice vote.
The bill will advance to the Judiciary Committee for further consideration and then to the full Senate.
Committee counsel Carl explained that the substitute amends multiple sections of Chapter 3 of the West Virginia Code. The primary change requires that a person appointed to fill a vacancy must have been affiliated with the same political party as the person who held the office at the time of the prior election for at least one year before the vacancy occurred; the prior law determined party affiliation as of the time the vacancy was created. For State Senate and House of Delegate vacancies the bill also requires that the party executive committee composing the list of candidates follow its own rules and that the appointee have resided within the district for the year preceding appointment.
Counsel said the provisions mirror terms in Senate Bill 139 and that the substitute does not create internal code conflicts. The bill applies to a list of offices shown in the committee materials and cited during discussion, including the Board of Public Works, U.S. Senate, State Senate, House of Delegates and several county positions (Circuit Clerk, County Commission or County Counsel, County Clerk, Prosecuting Attorney, Sheriff, Assessor, and Surveyor). The transcript records Senator Garcia as the lead sponsor present in committee.
A junior senator pressed for clarification about how the one‑year party‑affiliation requirement aligns with candidacy timing; counsel said he did not know and deferred. The committee then voted to report the substitute to the full Senate with the recommendation that it pass and to refer it first to the Judiciary Committee under the double reference; the motion was adopted by voice vote.
The bill will advance to the Judiciary Committee for further consideration and then to the full Senate.
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