In West Virginia, the process for filling a school board member vacancy depends on two factors:
- The length of the unexpired term: If it's longer than three years, or if it falls within a specific timeframe relative to elections.
- Action by the existing school board: Whether they take the initiative to fill the vacancy.
Here's a breakdown of the two scenarios:
School Board Appointment:
- The existing school board has the authority to fill the vacancy by appointment within 45 days [West Virginia Code §18-5-2(a)].
- If they fail to act within that timeframe, the responsibility falls to the West Virginia State Superintendent of Schools [West Virginia Code §18-5-2(a)].
School Board Election:
- This applies if the unexpired term is longer than three years and the vacancy occurs before the close of the candidate filing period for the primary election.
- In this case, the vacancy is filled by a special election held concurrently with the primary election [West Virginia Code §3-10(a)].
- The appointee by the Governor serves until the elected candidate's term starts.
Additional Notes:
- School board elections in West Virginia are nonpartisan, meaning there are no political party affiliations on the ballot [Ballotpedia].
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