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2016 Op. W. Va. Att'y Gen. 1 (2016)

handle is hein.sag/sagwv0059 and id is 1 raw text is: State of West Virginia Office of the Attorney General Patrick Morrisey (304) 558-2021 Attorney General January 5, 2016 Fax (304) 558-0140 The Honorable William P. Cole III President of the Senate Building 1, Room 229M 1900 Kanawha Boulevard, East Charleston, WV 25305 Dear President Cole: You have asked for an Opinion of the Attorney General regarding the filling of a vacancy created by the resignation of a State Senator who was elected as a member of one political party but was affiliated with another political party at the time of his or her resignation. This Opinion is being issued pursuant to West Virginia Code § 5-3-1, which provides that the Attorney General shall render to the president of the Senate and/or the speaker of the House of Delegates a written opinion or advice upon any questions submitted to the attorney general by them or either of them whenever he or she is requested in writing so to do. To the extent this Opinion relies on facts, it is based solely upon the factual assertions set forth in your correspondence with the Attorney General's Office. In your letter, you suggest that West Virginia law designates the political party of the State Senator at the time of resignation as the state party responsible for submitting a list of potential replacements to the Governor. You point to West Virginia Code § 3-10-5, which is entitled Vacancies in the State Legislature. In particular, you note that subsection (a) states that the party executive committee of the party with which the person holding office immediately preceding the vacancy was affiliated would be responsible for submitting a list of three potential replacements to the Governor. Based on this language, you believe that the responsible political party is the one to which the State Senator belonged at the time of his or her resignation. Your letter raises the following legal question: Which political party is responsible for submitting a list of potential replacements to the Governor to fill a vacancy created by the resignation of a State Senator who was elected to office as a member of one political party but was affiliated with another political party at the time of his or her resignation? State Capitol Building 1, Room E-26, 1900 Kanawha Boulevard East, Charleston, WV 25305

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