The House Judiciary Committee convened on Thursday, Jan 9 to consider multiple bills including House Bill 2008. This is a piece of legislation that would reform part of the West Virginia code that deals with the election of justices for the Supreme Court of Appeals.
H.B. 2008 states that a second election is to be held if no candidate receives the majority of votes in an election. In this case where no judicial candidate receives more than 40% of votes during the nonpartisan elections, then the top two will face off during the November general election. If again neither candidate receives at least 40% of the total votes cast in an election for that division held concurrently with the general election, a runoff election will occur including only the two candidates. The state will reimburse the counties for the cost of this election.
During the meeting, it was made clear that the terms for Supreme Court of Appeals elections are not specifically embedded in the West Virginia Constitution. According to the Constitution, the terms shall be prescribed by law.
After a few minutes of questions and discussion, House Bill 2008 was approved by the Judiciary Committee and is to be reported to the House Floor with the recommendation that it passes.
Additionally, the Judicial Committee is reporting H.B. 3039, relating to a court’s consideration of the expression of a preference by a child in certain child custody matters, and H.B. 4004, relating to creating the West Virginia Sentencing Commission, to the floor with the recommendation that they do pass.
