Tillis v. Wright, 217 W. Va. 722

Summary

The Supreme Court of Appeals of West Virginia affirmed the circuit court's determination that the refusal to certify a Republican candidate because of improper party affiliation constituted a disqualification under W. Va. Code § 3-5-19(a)(4). The court held that this disqualification created a vacancy in nomination that permitted the Republican executive committee to appoint Raymond Joseph Haynes as the replacement nominee.

Holdings

1. West Virginia Code § 3-5-19(a)(3) governs appointments to vacancies in nominations for the general election when no candidate filed for the office, and the Republican Committee's appointment of Addington by the Thursday preceding the primary election was timely.
2. A candidate is disqualified under West Virginia Code § 3-5-19(a)(4) when any factor renders the candidate ineligible, unfit, or unqualified for the office sought; the Board's refusal to certify Addington because of her improper party affiliation therefore constituted a disqualification.
3. Because Addington's disqualification created a vacancy in nomination, the Republican Executive Committee had authority under West Virginia Code § 3-5-19(a)(4) to appoint Haynes, and Haynes was properly nominated.

Questions Presented

1. Whether the Republican Executive Committee's appointment of Cathern Addington complied with the timing requirements of West Virginia Code § 3-5-19(a)(3).
2. Whether the Board of Ballot Commissioners' refusal to certify Addington because of improper party affiliation constituted a disqualification under West Virginia Code § 3-5-19(a)(4), thereby creating a vacancy in nomination.
3. Whether the Republican Executive Committee was authorized to appoint Haynes to fill the vacancy in nomination.

Disposition

affirmed