Sen.Oliverio not running, seat empty so far

Tommorrow is the deadline (0.00 / 0)

or else Manchini will appoint one of his buddies to fill the vacated seat....or so it seems, please educate us all as to the ramifications thereof...thanks

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by: JBdem4usa @ Fri Jan 29, 2010 at 22:34:43 PM UTC

We're having problems up here... (4.00 / 1)

Now that Delegate Orphy Klempa (D-Ohio County) has decided to run for Senator Bowman's seat, only two candidates have filed for the Third District's two seats in the House. Democratic incumbent Tal Hutchins and Republican teabagger Dolph Santorine. My interpretation of state rules says that the Democrats will be allowed to name a candidate after the primary if only one Democrat runs. I could be wrong, but I certainly hope I am not.

P.S. There's a rumor that Oliverio is going to primary Mollohan. Any word on that?

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by: WV26003 @ Fri Jan 29, 2010 at 23:24:18 PM UTC

Applicable WV Code (4.00 / 1)

Chapter 3; Article 3-5-11:

(c) If after the time is closed for announcing as a candidate there is a vacancy on the ballot caused by failure of any person of a party to file for each available seat of each available office, the executive committee of the party for the political division within which such candidate was to be voted for, or its chair if the committee fails to act, may fill the vacancy and certify the candidate named to the appropriate filing officer.

and, following the primary election

Chapter 3; Article 3-5-19:

§3-5-19. Vacancies in nominations; how filled; fees.
(a) If any vacancy occurs in the party nomination of candidates for office nominated at the primary election or by appointment under the provisions of section eleven of this article, the vacancies may be filled, subject to the following requirements and limitations:

(1) Each appointment made under this section shall be made by the executive committee of the political party for the political division in which the vacancy occurs: Provided, That if the executive committee holds a duly called meeting in accordance with section nine, article one of this chapter but fails to make an appointment or fails to certify the appointment of the candidate to the proper filing officer within the time required, the chairperson of the executive committee may make the appointment not later than two days following the deadline for the executive committee.

(2) Each appointment made under this section is complete only upon the receipt by the proper filing officer of the certificate of appointment by the executive committee, or its chairperson, as the case may be, the certificate of announcement of the candidate as prescribed in section seven of this article and, except for appointments made under subdivision (4), (5), (6) or (7) of this subsection, the filing fee or waiver of fee as prescribed in section eight or eight-a of this article. The proper filing officer is the officer with whom the original certificate of nomination is regularly filed for that office.

(3) If a vacancy in nomination is caused by the failure of a candidate to file for an office, or by withdrawal of a candidate no later than the third Tuesday following the close of candidate filing pursuant to the provisions of section eleven of this article, a nominee may be appointed by the executive committee and certified to the proper filing officer no later than thirty days after the last day to file a certificate of announcement pursuant to section seven of this article.

(4) If a vacancy in nomination is caused by the disqualification of a candidate and the vacancy occurs not later than eighty-four days before the general election, a nominee may be appointed by the executive committee and certified to the proper filing officer not later than seventy-eight days before the general election. A candidate may be determined ineligible if a written request is made by an individual with information to show a candidate's ineligibility to the State Election Commission no later than eighty-four days before the general election explaining grounds why a candidate is not eligible to be placed on the general election ballot or not eligible to hold the office, if elected. The State Election Commission shall review the reasons for the request. If the commission finds the circumstances warrant the disqualification of the candidate, the commission may authorize appointment by the executive committee to fill the vacancy. Upon receipt of the authorization a nominee may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election.

(5) If a vacancy in nomination is caused by the incapacity of the candidate and if the vacancy occurs not later than eighty-four days before the general election, a nominee may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election.

(6) If a vacancy in nomination is caused by the withdrawal of the candidate no later than eighty-four days before the general election due to extenuating personal circumstances which will prevent the candidate from serving in the office if elected and if the candidate or the chairperson of the executive committee for the political division applies in writing to the State Election Commission no later than eighty-four days before the general election for permission to remove the candidate's name from the general election ballot, the State Election Commission shall review the reasons for the request. If the commission finds the circumstances warrant the withdrawal of the candidate, the commission shall authorize appointment by the executive committee to fill the vacancy. Upon receipt of the authorization, a nominee may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election.

(7) If a vacancy in nomination is caused by the death of the candidate occurring no later than twenty-five days before the general election, a nominee may be appointed by the executive committee and certified to the proper filing officer no later than twenty-one days following the date of death or no later than twenty-two days before the general election, whichever date occurs first.

(b) Except as otherwise provided in article ten of this chapter, if any vacancy occurs in a partisan office or position other than political party executive committee, which creates an unexpired term for a position which would not otherwise appear on the ballot in the general election, and the vacancy occurs after the close of candidate filing for the primary election but not later than eighty-four days before the general election, a nominee of each political party may be appointed by the executive committee and certified to the proper filing officer no later than seventy-eight days before the general election. Appointments shall be filed in the same manner as provided in subsection (a) of this section, except that the filing fee shall be paid before the appointment is complete.

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by: WV26003 @ Fri Jan 29, 2010 at 23:32:25 PM UTC

[ Parent ]

Barbara Fleishauer is running (0.00 / 0)

for Oliverio's seat, will file tommorrow I hear and Oliverio might run or has been rumored to run against Mollohan for congress, musical chairs at the last minute...this is exciting...

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by: JBdem4usa @ Sat Jan 30, 2010 at 05:09:22 AM UTC

Which party? (4.00 / 1)

Will Oliverio be running as a D or R?  He and Barbara are worlds apart on issues.

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by: MadAnne @ Sat Jan 30, 2010 at 17:57:08 PM UTC

[ Parent ]

That should be (0.00 / 0)

Barbara Evans Fleischauer...delegate from Mon 44, sorry about the spelling

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by: JBdem4usa @ Sat Jan 30, 2010 at 05:11:06 AM UTC

Barbara Evans Fleischauer (0.00 / 0)

Correct, she did file.

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by: Clem Guttata @ Sat Jan 30, 2010 at 17:15:22 PM UTC

Who has filed (0.00 / 0)

to replace her in Mon 44?

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by: Calhouner @ Sat Jan 30, 2010 at 17:36:37 PM UTC

may be most popular seat in state (0.00 / 0)

I'll put the whole list up tomorrow for all races...

Here's who has filed for House 44.

Anthony P. "Tony" Barill
Legal Name: Anthony Peter Barill Democrat Monongalia
District/Circuit 44 Morgantown, WV 1/21/2010

Robert "Bob" Beach
Legal Name: Robert D. Beach Democrat Monongalia
District/Circuit 44 Morgantown, WV 1/11/2010

Stephen Lee Cook
Legal Name: Stephen Lee Cook Democrat Monongalia
District/Circuit 44 Morgantown, WV 1/29/2010

Barbara Evans Fleischauer
Legal Name: Barbara Evans Fleischauer Democrat Monongalia
District/Circuit 44 Morgantown, WV 1/11/2010

Shelby (Bosley) Leary
Legal Name: Shelby Jean Bosley Democrat Monongalia
District/Circuit 44 Fairview, WV 1/15/2010

Charlene Marshall
Legal Name: Charlene Marshall Democrat Monongalia
District/Circuit 44 Morgantown, WV 1/11/2010

::

James Elvis Austin
Legal Name: James Elvis Austin Republican Monongalia
District/Circuit 44 Morgantown, WV 1/29/2010

Kevin Patrick Jr.
Legal Name: Kevin Lee Patrick, Jr Republican Monongalia
District/Circuit 44 Morgantown, WV 1/29/2010

Kevin Poe
Legal Name: Kevin Scott Poe Republican Monongalia
District/Circuit 44 Morgantown, WV 1/22/2010

Chris Walters
Legal Name: Chris Wesley Walters Republican Monongalia
District/Circuit 44 Morgantown, WV 1/11/2010

The date is the filing date. As stated above, Fleischauer is now running for the State Senate instead.

One Dem and two more Republicans jumped in once the seat opened up.

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by: Clem Guttata @ Sat Jan 30, 2010 at 20:51:15 PM UTC

[ Parent ]