W. Va. Code R. § 153-24-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-24-3 - Nomination of Circuit Judges in Numbered Divisions

3.1. Certificate of candidacy.

3.1.1. Each person seeking nomination to the office of judge of the circuit court shall file a certificate of candidacy in the time, manner and place required by W. Va. Code '3-5-7, and shall pay the filing fee or file the petition in lieu of filing fee as required by W. Va. Code ''3-5-8 and 3-5-8a.

3.1.2. On the certificate of announcement, the candidate shall state the numbered division of the judicial circuit which he or she is seeking, except in circuits having only one judge.

3.1.3. Any certificate of announcement for judge in a multi-judge circuit shall not be deemed to have been properly filed unless a circuit and a single numbered division within the circuit is clearly designated as the division sought. The secretary of state or the board of ballot commissioners, as the case may be, shall not certify the candidacy of any person who fails to designate a circuit and a single division.

3.1.4. No candidate for circuit judge shall be permitted to be a candidate for office in more than one division, as required by W. Va. Code '3-5-7(f).

a. A candidate who files two (2) or more certificates of announcement designating different divisions and pays the required filing fee for each different division shall not be eligible to be certified as a candidate for any division unless a signed notarized statement of withdrawal from all but one designated division is filed no later than the close of candidate filing. All filing fees are non-refundable.

b. The secretary of state, or circuit clerk, as the case may be, shall immediately reject and return the filings of a candidate who simultaneously files two (2) or more certificates of announcement designating different divisions accompanied by a single filing fee.

3.2. Ballot arrangement of candidates for circuit judge.

3.2.1. Divisions shall be placed on primary and general election ballots in numerical order.

3.2.2. The heading for each division on the primary election ballot shall be as nearly as possible as follows:

For Circuit Court Judge

(No) Judicial Circuit, (No.) Division

(Vote for One)

3.2.3. Only those candidates certified for placement on the ballot within a specific numbered division shall appear under that division heading.

3.3. Nomination of candidates in numbered divisions.

3.3.1. Each political party may nominate only one candidate for circuit judge for each numbered division of a judicial circuit for multi-judge circuits.

3.3.2. The board of canvassers, in issuing the certification of results for candidates for circuit judge, shall designate the circuit, the numbered division, the candidates for judge within that division and the votes received in words and numbers.

3.3.3. The secretary of state for multi-county circuits, and the board of ballot commissioners for single county circuits, shall certify the nomination of the candidate of each party receiving the highest number of votes within each division.

W. Va. Code R. § 153-24-3