West Virginia to Elect a New Governor in 2011

The West Virginia Supreme Court of Appeals ruled this afternoon that Acting Governor Earl Ray Tomblin must "to forthwith issue a proclamation fixing a time for a new statewide election for governor consistent with W. Va. Const., art. VII, § 16 and W. Va. Code § 3-10-2 (1967)." SER W. Va. Citizen Action Group v. Earl Ray Tomblin, President of the W. Va. Senate, et al. AND SER Thornton Cooper v. Earl Ray Tomblin, et al., No. 10-4004 (W.Va. Supreme Court, 1/18/2011)

The unanimous opinion, authored by Justice Benjamin, contains the following new syllabus points:

7. Pursuant to W. Va. Const., art. VII, § 16, the period of time in which the duties of the governor shall be performed by a person who was not elected to the office of governor by the people in a statewide election shall not exceed one year.

8. Pursuant to W. Va. Const., art. VII, §16, whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new statewide election shall be held as soon as practicable and in compliance with the constitutional prescription that the office be assumed by an elected successor within one year of the date when the vacancy occurred.

9. The procedure established in the second paragraph of W. Va. Code § 3-10-2 regarding the holding of a new or special election to fill the vacancy in the office of governor is within the legislative prerogative and does not violate the State Constitution.

10. The Legislature may amend the procedure for providing for a new or special election if it deems it appropriate to do so; provided, however, any new procedure may not conflict with the Constitution which requires that all acts necessary to elect a governor shall be completed within one year of the vacancy in the office.

Now, let's all move on with life.