Public office is a serious commitment of service to the citizens of West Virginia. Before you decide to file for office, think carefully about your personal situation and seek an office that fits your other responsibilities.
LEARN HOW ELECTIONS WORK IN WEST VIRGINIA
Political Parties
There are four recognized political parties that have automatic ballot access in West Virginia:
Democratic Party
Libertarian Party
Mountain Party
Republican Party
These parties will nominate candidates for offices on the General Election ballot in the Primary Election, by convention, or by other means of selection as determined by party rules. (W. Va. Code § 3-1-8.) If you are a member of one of these parties and need more information, please contact your Party Chairperson for information on their nomination process.
Individuals may also run as “No Party” or as “Write-in” candidates. You may find more information about running as a “No Party” or as a “Write-in” candidate in Section I of this guide.
Primary Election: Primary Elections are elections held for the purpose of nominating candidates by political parties for offices on the General Election ballot.
Nonpartisan elections: state law requires certain elected positions to be “nonpartisan,” for which candidates run as individuals and not affiliated with any political party. Nonpartisan elections are most often held in conjunction with
Primary Elections.
The following nonpartisan offices will be elected in the Primary Election in 2022:
• Board of Education
• Conservation District Supervisor
• Greater Huntington Park and Recreation District
• Political Party Executive Committee (State, County, and District)
• Any vacancy in a non-partisan office that requires a special election for the
election of a candidate.
Candidates for the following offices will be nominated in the Primary Election in 2022:
• U.S. House of Representatives
• State Senator
• House of Delegates
• County Clerk
• County Commission/Council
• Circuit Clerk
Any vacancy that requires the nomination of a candidate for special election to be held in the General Election
General Election: An election to choose from individuals that have been officially certified as candidates on the ballot or certified as write-in candidates.
ARE YOU ELIGIBLE TO RUN?
It is a fundamental right to run for office for those that are eligible. Importantly, it is the candidate’s responsibility to determine whether they are eligible to become a candidate or hold the office. Please review the requirements for the office to make sure you meet the prerequisites set out for minimum age, residency, and any other requirements specific for that office.
“Residence” has been defined by the West Virginia Supreme Court as the place where you physically live and intend to remain indefinitely. A business location where you do not live cannot be established as a residence. Property which you rent to someone else is not your residence. A post office box does not establish residence. Some offices require you to be a resident for a length of time before election, by the time of filing for office, or by the time of taking office. Below are extracts from court cases with more details about the definition of “residence.”
• “In West Virginia, the term ‘residence’ is synonymous with the term ‘domicile’ for election law purposes.” Syl. pt. 7, White v. Manchin, 173 W.Va. 526 (1984). “The important facts in determining the domicile of a person who has more than one residence are the physical character of each, the time spent and the things done in each place, and whether or not there is an intention to return to the original domicile.” Syl. pt. 4, Shaw v. Shaw, 155 W. Va. 712, 712–13, 187 S.E.2d 124, 125 (1972). “A man may live in several different places but he can have only one domicile. Domicile is a place a person intends to retain as a permanent residence and go back to ultimately after moving away.” Syl. Pt. 2, Shaw v. Shaw, 155 W. Va. 712, 712, 187 S.E.2d 124, 125 (1972).
• “Domicile is a combination of residence (or presence) and an intention of remaining. If domicile has once existed, mere temporary absence will not destroy it, however long continued.” Syl. Pt. 2, Lotz v. Atamaniuk, 172 W.Va. 116, 304 S.E.2d 20 (1983).
Also, make sure you are not prohibited from running by reviewing the requirements set by the United States Constitution, West Virginia Constitution, West Virginia State Election laws, and Ethics Regulations. In very limited circumstances, the Secretary of State and county and municipal officials determine disputes regarding candidate’s eligibility. Instead, these legal disputes are mostly resolved in court.
CAN YOU RUN FOR OFFICE AND CONTINUE YOUR PRESENT JOB?
Many factors can affect your ability to run for office, some of which are outlined below:
• Board of education members and judicial officers must resign upon filing for any partisan office, and members of other boards and commissions may also be restricted from political activity.
• The Hatch Act covers the political activity of federal employees and some state and local employees in programs financed by federal loans or grants. The Hatch Act was amended in 2012. The most current specifics of the Hatch Act can be reviewed on this website: osc.gov.
• The West Virginia Division of Personnel covers the political activity of state classified employees. For direction regarding permitted and prohibited political activities, visit personnel.wv.gov/sections/emprel or call the Division of Personnel at (304) 558-3950.
If you think a conflict might exist for you, you should consult with your human resources or personnel director of your existing employer.
For More information on running for office follow this link to the 2022 Running for Office Guide from the West Virginia Secretary of State’s Office.
https://sos.wv.gov/FormSearch/Elections/Informational/Running%20for%20Office.pdf.
