State ex rel. Biafore v. Tomblin

Petitioners, chair of the state Democratic Executive Committee and the members of the state Democratic Executive Committee for the Ninth Senatorial District, requested the issuance of a writ of mandamus against Respondents, the Governor and members of the state Republic Executive Committee for the Ninth Senatorial District, seeking to compel the Governor to fill a vacancy in the West Virginia Senate from a list of three candidates to be selected by Petitioners. The Supreme Court issued a rule to show cause and ordered Respondents to show cause why a writ of mandamus should not be awarded as requested by Petitioners. After an oral hearing, the Supreme Court denied the requested writ, holding that the vacancy is to be filled from a list of three candidates to be selected by the Republic Executive Committee for the Ninth Senatorial District based upon the outgoing senator’s most recent affiliation with the Republican Party. View "State ex rel. Biafore v. Tomblin" on Justia Law