Following Shelia Garretson’s announcement of her retirement in December, 2025 as Calhoun Circuit Clerk, came a second resignation in a highly prominent courthouse position; that of Jean Simers, Calhoun County Clerk. Both positions carry considerable weight in the realm of Courthouse business. Each office will be temporarily filled until after the 2026 General election results in November.
PRIMARY ELECTION – May 12, 2026
GENERAL ELECTION – November 3, 2026
When a West Virginia Circuit Clerk resigns, the Chief Judge appoints a temporary successor (max 30 days), then the process involves either the county executive committee nominating candidates for the ballot (if after primary cutoff but before general cutoff) or following general election rules, with the goal of filling the vacancy by election, as outlined in
Key Provisions in WV Code §3-10-6 (Vacancy in office of circuit court clerk)
- Temporary Appointment: The Chief Judge can appoint a temporary clerk for up to 30 days.
- Election Process: The Circuit Court manages election proclamations.
- Special Nomination Rules: If the vacancy occurs after the primary cutoff but before the general cutoff, county executive committees nominate candidates (like filling nominations) for the next general election ballot, per §3-5-19.
General Appointment & Term Rules
- Appointee’s Term: An appointee generally serves until the end of the term if the vacancy occurs after the primary cutoff date.
- Oath: An appointee must take their oath within 10 days of appointment before discharging duties.
A Circuit Clerk resignation triggers a short-term judicial appointment, followed by specific rules for getting candidates on the ballot for the next election, often involving county party committees if the timing is tight.
The Chief Judge for the 5th Judicial Circuit of West Virginia (which includes Calhoun County) is Judge Lora Dyer.
Calhoun County Circuit Clerk
The Clerk of the Circuit Court is elected in each county to carry out administrative functions and to act as record-keeper for circuit court actions in that county. The office of the clerk is authorized by Article 8, Section 9 of the West Virginia Constitution. The Circuit Clerk is an officer within the judicial system and plays a pivotal role in that system. The West Virginia Constitution establishes a hierarchy of administrative control that gives overall authority for the entire judicial system to the Supreme Court of Appeals. Local administrative authority lies in the circuit court, including the office of circuit clerk with regard to the clerk’s judicial functions but the clerk has autonomy to establish procedures and policies necessary to carry out statutory responsibilities. The salary range is $42,240 to $55,440 and is required to be full-time in Class I-V counties. Examples of duties and responsibilities include:
- Serve as the Clerk to the Circuit and Family Court
- Issue mesne (during the progress of a case) process
- Issue final process to enforce and execute judgments
- Appoint a guardian ad litem where required
- Respond to other requests that do not require a court order
- Responsible for all papers filed in the office; serve as registrar, recorder and custodian for all pleadings, documents and funds pertaining to cases filed in circuit court and family court
- Responsible for the administration and management of the petit and grand jury systems in the county
- Create the master list of prospective jurors; select panels for attendance, qualify and summon jurors; provide juror orientation, and monitor jurors’ attendance and mileage
- Serve as fee officer of the court
- Report various statistics to other governmental agencies
- Appoint deputy clerks subject to the review of the court and/or county commission
Calhoun County Clerk
The Calhoun County Clerk opening will be filled by the Calhoun County Commission, who will appoint a Democrat to that position, being that the exiting clerk, Jean Simers was elected as a Democrat. This matter is currently on the agenda for an emergency Commission Meeting on January 6th, 2026.
Each county elects a county clerk whose responsibilities include the management of records of the county commission and election duties. The primary responsibilities center around two basic functions:
- To act as clerk (fiscal officer) of the county commission
- To act as the receiver of fees charged for the instruments filed and recorded within the county.
To carry out the numerous duties, the clerk of the county commission may select deputies and other employees. The budget for the operation of the county clerk’s office as a whole is determined by the county commission. The salary range for county clerks is from $42,200 to $55,440 and is required to be full-time in Class I-V counties. Their duties include:
- Issuance of marriage licenses, birth and death certificates
- Record births, marriages and deaths in the county
- Serve as Chief Voter Registration Official for the county; register qualified voters
- Maintain custody and integrity of the county’s voting machines, ballot boxes and other election supplies
- Conduct training sessions for poll clerks and other election officials prior to their service
- Serve as the recorder of all documents
- Keep records of County Commission transactions
- Keep minutes of all County Commission meetings
- Oversee guardianship appointments
- Prepare and send to all heirs a Notice to Redeem and take care of publications, redemptions or recording deeds with regard to delinquent property
- Responsible for the bookkeeping of the county including budget, accounting and payroll
- Assist the County Commission in their absence
- Responsible for public notice of all Commission meetings
- Serve as Secretary to the Civil Service Commissions
- Issue hunting and fishing licenses
- Provide notary services
- Issue military service discharge records
- Probate wills and assist in administration of estates
- Conduct absentee voting and early voting, prepare ballots, accept candidate filings, and other election-related duties
Additional Races on the ballot in 2026 are:
- U.S. Senate
- U.S. House of Representatives
- WV Supreme Court of Appeals (Unexpired Term)
- Judge of the Intermediate Court of Appeals
- State Senate
- House of Delegates
- State Executive Committee
- County Commission
- Board of Education
- Greater Huntington Park & Recreation District
- Conservation District
- Supervisor
- County Executive Committee
- District Executive Committee
Deadline for filing for the 2026 Primary Election is January 31st, 2026.
Candidate’s Filing Deadline Certificate of announcement received in filing office or, if mailed postmarked, before midnight.
Hours for in-person filing on the final day, January 31,2026:
- Secretary of State: 9:00 a.m. until 11:59 p.m.
- County Clerk’s office: 9:00 a.m. until 12:00 p.m
