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2014 Op. W. Va. Att'y Gen. 1 (2014)

handle is hein.sag/sagwv0057 and id is 1 raw text is: State of West Virginia Office of the Attorney General Patrick Morrisey (304) 558-2021 Attorney General Fax (304) 558-0410 April 23, 2014 Jason A. Wharton Prosecuting Attorney Wood County Prosecuting Attorney's Office 217 Mark Street Parkesburg, WV 26101 Dear Prosecutor Wharton, You have asked for an Opinion of the Attorney General pertaining to the appropriate treatment of votes for a candidate in a primary election, where the candidate filed a statement of withdrawal after the deadline for removing himself from the ballot has lapsed. This Opinion is being issued pursuant to West Virginia Code § 5-3-2, which provides that the Attorney General may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office. To the extent this Opinion relies on facts, it is based solely upon the factual assertions set forth in your letter to the Attorney General's Office. You explain that questions have arisen concerning the withdrawal of a candidate for a county election. According to your letter, one of the four candidates for the Republican nomination for a seat on the County Commission has filed a notarized statement of withdrawal, citing a recent illness. The candidate made this filing, however, after the deadline for removing his name from the ballot under West Virginia Code § 3-5- 11 (a) had lapsed. You also explain that absentee voting has already begun, so votes for the candidate who has sought to withdraw may have already been cast. Your letter raises the following legal question: How to handle votes cast for a candidate in a multi-candidate primary election and determine the winner where one candidate withdraws from the race after the deadline to remove his name from the ballot. State Capitol Building 1, Room E-26, 1900 Kanawha Boulevard East, Charleston, WV 25305

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