Solicitor Don Tennant: Process To Fill Seat on Ohio County Commission Is Matter of Timing
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WHEELING -- Now that Ohio County Commissioner Don Nickerson has been appointed to the new West Virginia Intermediate Court of Appeals, it appears he must resign in the coming months, setting up an election for his unexpired term in November 2022.
Along the way it is likely a temporary commissioner will be appointed, County Solicitor Don Tennant said, but it all depends on when Nickerson resigns his commission seat.
Gov. Jim Justice announced Tuesday that Nickerson was appointed as one of the first three judges to sit on the new court. Pending their approval by the State Legislature, the three judges will be sworn in no sooner than May 1, and no later than July 1, according to statute.
The judges are expected to be sworn in sooner rather than later, as they must set up the administrative side of the court before they start hearing cases on July 1.
Nickerson is required to resign his commission seat before taking the bench.
He was elected to a six-year term as commissioner in 2018, and took office in January of 2019.
"The issue becomes 'when does the vacancy occur?'" County Solicitor Don Tennant explained. "Don Nickerson, I assume, will continue to serve as commissioner until he is sworn in as appellate judge.
"I believe that may be on May 1. I know the court begins on July 1."
Nickerson's date of resignation is important in that it dictates what steps must be taken, and by whom, to fill the commission seat being vacated, he explained.
The vacancy is likely to occur after the cutoff dates for county party chairmen to submit the names of candidates appointed to the primary ballot, which is March 2, according to the West Virginia Secretary of State's Office.
But the resignation also is expected well before the deadline for submission of candidate names to appear on the general election ballot, according to Tennant. The West Virginia Secretary of State's Office lists that date as Aug. 16.
Following a resignation by Nickerson, the remaining commissioners -- Commission President Randy Wharton and Zack Abraham -- would have 30 days to select a temporary appointee to the seat who would serve until after a candidate is elected in the general election, Tennant explained.
The appointee must be of the same party as Nickerson -- a Republican -- and be a registered Republican for at least 60 days prior to the vacancy occurring, he continued. But Tennant said under West Virginia law the appointee does not have to come from Nickerson's magisterial district, which is the 2nd District. They only need to be a Republican living in Ohio County.
"But there is a difference between an appointee and an elected commissioner.," he said.
The elected commissioner must be a resident of the 2nd Magisterial District, according to Tennant. The 2nd District geographically starts at about Triadelphia Middle School and moves west along National Road — taking in the Woodsdale, Fulton, Forest Hills and North Park communities before concluding downtown.
Once a temporary commissioner has been appointed, the executive committees of both the Ohio County Democratic and Republican parties will convene to select respective party nominees to the seat — with a contest for the unexpired seat happening during the Nov. 8 general election.