W.Va. SC orders 2011 gov election

Jessica M. Karmasek Jan. 19, 2011, 9:33am


CHARLESTON, W.Va. (Legal Newsline) - Acting West Virginia Gov. Earl Ray Tomblin must call a special election for governor sometime this year, according to the state Supreme Court.

In an opinion issued Tuesday afternoon, the Court ruled that because former Gov. Joe Manchin left office more than a year before his term was to end, Tomblin has to issue a proclamation for a new election. The court said state code states that no one can serve as acting governor for more than one year.

The opinion notes that the state Legislature has set up procedures for a new special election, requiring political parties to have nominating conventions for their candidates.

Justice Brent Benjamin, who authored the Court's opinion, called the issue "narrow" and "straightforward."

Justice Robin Davis recused herself from the case. Preston Circuit Judge Lawrance S. Miller Jr. sat in her place.

To view the rest of this article, please visit the West Virginia Record.

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