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2013 Op. W. Va. Att'y Gen. 1 (2013)

handle is hein.sag/sagwv0056 and id is 1 raw text is: STATE OF WEST VIRGINIA OFFICE OF THE ATTORNEY GENERAL CHARLESTON 25305 PATRICK MORRISEY (304) 558-2021 ATTORNEY GENERAL FAX (304) 558-0140 January 31, 2013 The Honorable Ralph A. Lorenzetti, Jr. Prosecuting Attorney Office of the Prosecuting Attorney of Jefferson County, West Virginia P.O. Box 729 201 N. George St., 2nd Floor Charles Town, WV 25414 Dear Prosecutor Lorenzetti, You have asked for an Opinion of the Attorney General pertaining to the recent resignation of the Sheriff of Jefferson County, West Virginia (the Sheriff), and the resulting vacancy in that office. This Opinion is being issued pursuant to West Virginia Code Section 5-3-2. This Opinion is based solely on the factual assertions stated in your letter of January 18, 2013. On January 11, 2013, the Sheriff resigned from his office, which he had been elected to serve in November 2012 for a four-year term, leaving an unexpired term of more than one year. See W. Va. Code § 3-1-17 (providing four-year term in office of sheriff). The County Commission of Jefferson County, West Virginia (the Commission), now faces the responsibility of complying with those portions of West Virginia law that govern the appointment of a Sheriff and the timing of when to hold an election to fill that position. Your letter raised five specific questions, which are addressed in turn below: (1) Is there a timeframe in which the Commission must appoint a sherif? 2) When should an election be held to fill the unexpired term in the office of sheriff? 3) May the Commission hold a special election before the 2014 general election instead of appointing an individual to serve? 4) If an election is held before the 2014 general election, can that election be held at any time or must it be held the first Tuesday in November? 5) Ifthe Commission ispermittedto conduct a special election before the next general election, how should candidates be nominated for that election?

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