THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
A PROCLAMATION
BY THE CHIEF CIRCUIT COURT JUDGE OF THE TENTH
JUDICIAL CIRCUIT
WHEREAS, the resignation of Raleigh County Circuit Clerk Bob Mccomas that became effective at 12:01 on February 12, 2024, has caused a vacancy in that office; and
WHEREAS, Article VIII, Section nine of the Constitution of West Virginia provides that whenever a [circuit] clerk shall be so situated as to make it improper for him to act in any matter, a clerk to act therein shall be appointed by the judge of the circuit or the chief judge thereof and that all such vacancies shall be
filled in the manner prescribed by law; and
WHEREAS, Subsection (a)(2), Section one, Article ten, Chapter three, of the Code of West Virginia states that “Primary Cutoff Date” means the eighty-fourth day before the primary election that immediately precedes the general cutoff date; and
WHEREAS, the primary election will be held on May 14, 2024; and
WHEREAS, this proclamation is being issued on February 13, 2024, which is ninety-one days from the primary cutoff date; and
WHEREAS, the vacancy for the position of Circuit Clerk of Raleigh County occurred before the primary cut-off date; and
WHEREAS, Subsection (c)(3), Section one, Article ten, Chapter three, of the Code of West Virginia provides that [f’]or all other offices, the Governor, or other person granted authority by this article, shall issue a proclamation stating that the office will appear on the next regular primary election and subsequent general elections, in order to fill the vacancy, and that if the candidate filing period has closed or has less than one week remaining, the proclamation shall provide for a special primary candidate filing period; and
WHEREAS, Subsection (d)(l), Section one, Article ten, Chapter three, of the Code of West Virginia provides that if a special candidate filing period is necessary, it shall begin no sooner than the day after the proclamation and shall close no earlier than close of business on the fourteenth day following the proclamation. A notarized declaration of candidacy and filing fee provided by section seven [§ 3-5-7], article five of this chapter shall be filed either in person, by United States mail, electronic means or any other means authorized by the Secretary of State and received by the appropriate office before the close of the filing period. For petition in lieu of payment of filing fees, a candidate seeking nomination for the vacancy may utilize the process set forth in section eight-a[§ 3-5-8a] article five of this chapter; and
WHEREAS, subsection (b)(2), Section seven, Article five, Chapter three of the Code of West Virginia provides that candidates for an office or political position to be filled by the voters of a single county or subdivision of a county, except for candidates for the House of Delegates, State Senate, circuit judge or family court judge, shall file a certificate of announcement with the clerk of the county commission.
WHEREAS, pursuant to Subsection (d)(2)(B), Section one, Article ten, Chapter three of the Code of West Virginia, for county elections, drawing for primary election ballot position will take place at the county clerk’s office twenty-four hours after the end of the filing period.
NOW, THEREFORE, I, ANDREW G. DIMLICH, Chief Judge of the Tenth Judicial Circuit, under the authority vested in me by the Constitution of West Virginia and the laws of this State, do hereby proclaim and declare the position of Circuit Court of Raleigh County will appear on the next regular primary election and subsequent general election. In addition, a special candidate filing is necessary to fill the vacancy of the Circuit Clerk of Raleigh County, and that special filing period will commence at 8:30 a.m. on February 14, 2024, and the special filing period will expire at l:00 p.m. on February 28, 2024. Any candidacy filings for this position received after this date will be rejected and that individual’s name will not be placed on the ballot for the primary election. Any persons intending to declare for this vacancy will file a notarized declaration of candidacy and filing fee provided by section seven [§ 3-5-7], article five of this chapter shall be filed either in person, by United States mail, electronic means or any other means State and received by the appropriate office (e.g. Clerk of the Raleigh County Commission) before the close of the filing period. For petition in lieu of payment of filing fees, a candidate seeking nomination for the vacancy may utilize the process set forth in section eight-:a [§ 3-5-8a] article five of this chapter. The drawing for the primary election ballot position will take place at the county clerk’s office at 1:00 p.m. on February 29, 2024.
CHIEF JUDGE
ANDREW G. DIMLICH
TENTH JUDICIAL CIRCUIT
FILED 2/12/2024 2:13 PM
CC-41-2024-P-24
ID: 774213