W. Va. Code » §3-10-8. Vacancies in offices of prosecuting attorney, sheriff, assessor, and surveyor.
West Virginia Code

W. Va. Code § 3-10-8 (2026)

Vacancies in offices of prosecuting attorney, sheriff, assessor, and surveyor

✓ current as of May 2026
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ARTICLE 10. FILLING VACANCIES.

§3-10-8. Vacancies in offices of prosecuting attorney, sheriff, assessor, and surveyor.

(a) Any vacancy occurring in the office of prosecuting attorney, sheriff, assessor, or county surveyor shall be filled by the county commission within 30 days of the vacancy by appointment of a person of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time of the previous election for the office. The appointee must have been a member of that political party for at least one year prior to the occurrence of the vacancy. The appointed person shall hold the office for the period stated by section one of this article.

(b) Notwithstanding any code provision to the contrary, a county commission may appoint a temporary successor to the office of prosecuting attorney, sheriff, assessor or county surveyor until the requirements of this section have been met. The temporary successor may serve no more than 30 days from the date of the vacancy.

(c) If an election is necessary under section one of this article, the county commission, or the president thereof in vacation, shall be responsible for the proper proclamation, by order, and notice required by section one of this article.

(d) Section one of this article shall be followed with respect to any election needed to fill a vacancy, except that if the vacancy occurs after the primary cutoff date but not later than the general cutoff date, candidates to fill the vacancy shall be nominated by the county executive committee in the manner provided in §3-5-19 of this code, as in the case of filling vacancies in nominations, and the names of the persons, so nominated and certified to the clerk of the county commission of the county, shall be placed upon the ballot to be voted at the next general election.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1980–2022 · leading case: SER Patrick Morrisey, Attorney Gen. v. W. Va. Ofc. of Disciplinary Couns., etc., 764 S.E.2d 769 (W. Va. 2014).
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SER Patrick Morrisey, Attorney Gen. v. W. Va. Ofc. of Disciplinary Couns., etc., 764 S.E.2d 769 (W. Va. 2014). · cites it 6× “When there is a vacancy in the office of prosecutor, W. Va. Code § 3-10-8 (2013) (Repl. Vol. 2013) provides the procedure for the temporary appointment of a lawyer to fill the vacancy.”
Mark T. Coleman v. J.T. Binion, 829 S.E.2d 1 (W. Va. 2019). · cites it 2× “See W. Va. Code § 3-10-8 (LexisNexis 2018). There was no such statute in effect at the time of Mr.”
In re Sims, 523 S.E.2d 273 (W. Va. 1999). · cites it 4× “” In this case, W.Va.Code § 3-10-8 (1991) controls. 7 Reversed.”
State Ex Rel. Rushford v. Meador, 267 S.E.2d 169 (W. Va. 1980). “Va Code § 3-10-8, and he served as sheriff until the next general election, at which time, relator was elected to fill the remaining portion of the term to which Odie Meador had been elected, and respondent Maddy was elected to the office of Sheriff for the next term of four…”
State ex rel. Robb v. Caperton, 446 S.E.2d 714 (W. Va. 1994). “This Court determined that under W.Va. Code, 3-10-8 (1963), where a vacancy occurs in the office of sheriff, it is to be filled by appointment by the county commission until the next general election.”
Barnett v. Cummings (S.D.W. Va 2022). · cites it 2× “W. Va. Code § 3-10-8 . If an elected official, including the prosecuting attorney, is suspected of misconduct, neglect, or incompetence, the county commission is one of three entities with the authority to file charges with the circuit court to remove that official.”
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