On January 28, the West Virginia Senate Judiciary Committee passed SB 261, which provides for a June 20 primary for Governor this year, in the special gubernatorial election that will be held in October. If the bill fails to become law, there will be no primary and the three qualified parties will choose a nominee in conventions.
The Senate bill is defective as it makes no provision for reduced petition signatures for independent and minor party candidates like the House bill does. Note that it DOES properly reduce signatures to waive the filing fee (part 4C), so it actually does recognize the reduced time window for petitioning.
SB 261:
§3-10-2(c)(4)(I) Citizens having no party organization or affiliation may nominate candidates as provided by sections twenty-three and twenty-four of article five of this chapter: Provided, That the nomination certificates shall be filed not later that seven calendar days following the special primary election provided in this subsection.
HB2552:
§3-10-2a(b)(2)(W) Persons having no party affiliation may nominate candidates to fill the vacancy for the office of Governor under the procedures set forth in sections twenty-three and twenty-four, article five of this chapter: Provided, That the number of signatures required to be submitted shall be equal to not less than one-quarter of one percent of the entire vote cast at the last preceding general election for any statewide gubernatorial candidate. Notwithstanding the provisions of sections twenty-three and twenty- four of article three of this section, the signatures, notarized declaration of candidacy, and filing fee must be submitted no later than April 28, 2011.
Most rational States have standard provisions for filling executive and judicial vacancies – with NO special elections.
Where is that Model State Constitution ???