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Supreme Court of Appeals of West Virginia

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The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia , the highest of West Virginia's state courts . The court sits primarily at the West Virginia State Capitol in Charleston , although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town in the state's Eastern Panhandle . The court also holds special sittings at various locations across the state.

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75-784: Although the West Virginia Constitution allowed for an intermediate court of appeals to be created, the Legislature declined to do so from 1974 until 2021. Thus, the Supreme Court provided the only review of the decisions of the state's trial courts of general jurisdiction , the West Virginia Circuit Courts , during that period. In December 2010, the Supreme Court promulgated a major revision of West Virginia's rules of appellate procedure, by which it provided that it would hear all properly perfected appeals of right from

150-426: A political party selects a candidate. Depending on the country and administrative division, there may be an "open primary", in which all voters are eligible to participate, or a "closed primary", in which only members of a political party can vote. Electoral systems using first-past-the-post for both primary and general elections often use the plurality-with-primaries or partisan two-round system , highlighting

225-526: A candidate the momentum to win their party's nomination. Since 2000, the primary in South Carolina has also become increasingly important, as it is the first Southern state to hold a primary election in the calendar year. A criticism of the current presidential primary election schedule is that it gives undue weight to the few states with early primaries, as those states often build momentum for leading candidates and rule out trailing candidates long before

300-624: A closed primary system. In May 2024, the Republican Party of Texas approved at its bi-annual convention an amendment to its party rules that changes its primary from an open primary to a closed primary, in which only voters registered with the Republican party may now vote in the Republican primary election. State law in Texas currently mandates open primaries, where voters select which primary to vote in when they go to vote rather than affiliating with

375-620: A jurisdiction is sometimes referred to as a "court of last resort" or supreme court. Partisan primary Condorcet methods Positional voting Cardinal voting Quota-remainder methods Approval-based committees Fractional social choice Semi-proportional representation By ballot type Pathological response Strategic voting Paradoxes of majority rule Positive results Primary elections or primaries are elections that are held to determine which candidates will run for an upcoming general election . Party primaries are elections in which

450-561: A party prior to the primary. Oregon was the first American state in which a binding primary election was conducted entirely via the internet. The election was held by the Independent Party of Oregon in July, 2010. In the United States, Iowa and New Hampshire have drawn attention every four years because they hold the first caucus and primary election, respectively, and often give

525-423: A presidential candidate and/or selecting delegates or alternate delegates to the national convention, prior to the first Tuesday of February in the year in which the national convention is held." In 2028, this date is February 1. Candidates for U.S. President who seek their party's nomination participate in primary elections run by state governments, or caucuses run by the political parties. Unlike an election where

600-759: A presidential primary. Indeed, the Lisbon treaty , which entered into force in December 2009, lays down that the outcome of elections to the European Parliament must be taken into account in selecting the President of the Commission; the Commission is in some respects the executive branch of the EU and so its president can be regarded as the EU prime minister. Parties are therefore encouraged to designate their candidates for President of

675-620: A right to criminal appeals. The U.S. Supreme Court has repeatedly ruled that there is no federal constitutional right to an appeal. We are not final because we are infallible, but we are infallible only because we are final. —Associate Supreme Court Justice Robert H. Jackson , discussing the Supreme Court of the United States ' role as a court of last resort. Although some courts permit appeals at preliminary stages of litigation , most litigants appeal final orders and judgments from lower courts. A fundamental premise of many legal systems

750-417: A seat on the Supreme Court without forgoing a re-election attempt for their current judgeships. Justice Bunn had no one file to run for her seat, and was elected unopposed. Only one candidate, State Senator Charles Trump , filed for the open seat. He also was elected unopposed. In late 2017, WCHS-TV and other media outlets began reporting on spending by the court. Eventually, an ongoing investigation by

825-470: A separate election for each seat (previously when two seats were being contested a single "vote for two" election was held). The winner of each election took office in January 2021. Justice Armstead was reelected, receiving 41% of the vote to 36% for former Justice Richard Neely and 23% for David Hummel. Justice Workman did not seek re-election. William Wooton, a trial lawyer and former Democratic state senator,

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900-615: A separate election is held for each seat. Before 2015, the justices of the court were elected in partisan elections; no justices remain from the partisan era. Pursuant to the West Virginia Code (chapter 51), the Court holds two regular sessions annually with the first session commencing on the second Tuesday in January and the second session commencing on the first Wednesday in September. The Court may also sit in special session as needed. Upon

975-461: A successor to serve until the result of the election are certified. However, the legislature then passed HB 4785, changing the length of the appointed term before an election for the remainder would be held from 2 to 3 years, meaning the governor's appointment will serve until January 1, 2025, with the seat up for election in May 2024. The governor then on April 6, 2022, appointed C. Haley Bunn to serve

1050-556: A system of federal appellate courts in 1789, but a federal right to appeal did not exist in the United States until 1889, when Congress passed the Judiciary Act to permit appeals in capital cases. Two years later, the right to appeals was extended to other criminal cases, and the United States courts of appeals were established to review decisions from district courts . Some states, such as Minnesota , still do not formally recognize

1125-561: Is Barbour and Taylor counties, in February of 2022 to serve in Jenkins spot until governor acted on the vacancy. This is a temporary assignment and does not constitute Moats becoming a justice.' The seat held by Brent Benjamin was contested. This was the first election held on a non-partisan basis, and the first decided during the May primary election rather than in November. Because the expiration of

1200-471: Is clear that the closed/semi-closed/semi-open/open classification commonly used by scholars studying primary systems does not fully explain the highly nuanced differences seen from state to state, still, it is very useful and has real-world implications for the electorate, election officials, and the candidates themselves. As far as the electorate is concerned, the extent of participation allowed to weak partisans and independents depends almost solely on which of

1275-472: Is that appellate courts review questions of law de novo , but appellate courts do not conduct independent fact-finding. Instead, appellate courts will generally defer to the record established by the trial court , unless some error occurred during the fact-finding process. Many jurisdictions provide a statutory or constitutional right for litigants to appeal adverse decisions. However, most jurisdictions also recognize that this right may be waived . In

1350-414: Is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until

1425-419: Is without merit) or "judgment reversed" (the appeal has merit), while a British court disposes of an appeal with words like "appeal dismissed" (the appeal is without merit) or "appeal allowed" (the appeal has merit). Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of

1500-642: The United States District Court for the Southern District of West Virginia in Charleston to one count of wire fraud . Justice Loughry was convicted in the same court on October 12, 2018, of seven counts of wire fraud, two counts of lying to federal investigators and one count each of mail fraud and witness tampering. He was originally scheduled to be sentenced on January 16, 2019; however, those proceedings are currently on hold. On August 13, 2018,

1575-625: The West Virginia Legislature , the elections were changed to be non-partisan. Despite their officially nonpartisan status, the political party memberships of all justices are known, as all have held or run for other partisan offices. As a result of criminal investigations and Impeachment of the Supreme Court of Appeals of West Virginia , there was significant turnover in the makeup of the West Virginia Supreme Court in 2018. First, on July 11, 2018, Menis Ketchum resigned from

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1650-415: The legal issues presented for review. The appeal may end with a reversal, in which the lower court's decision is found to be incorrect (resulting in the original judgement being vacated, and the lower court instructed to retry the case) or an affirmation, in which the lower court's decision is found to be correct. When considering cases on appeal, appellate courts generally affirm, reverse, or vacate

1725-400: The 12-year Supreme Court term and the 8-year Circuit Court term coincided, no current circuit judge could run for the seat without forgoing an attempt at re-election to his or her current position. Benjamin announced on April 16, 2015, that he would seek a second term, this one on a non-partisan basis. On June 5, 2015, Beth Walker, announced she would be a candidate, stating that she would run to

1800-554: The 14 state primaries , causing substantial controversy at the national convention . To prevent a recurrence, Democrats set up the McGovern–Fraser Commission which required all states to hold primaries, and the Republican party soon followed suit. Primaries can be used in nonpartisan elections to reduce the set of candidates that go on to the general election ( qualifying primary ). (In the U.S., many city, county and school board elections are non-partisan, although often

1875-465: The 19th century. American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" ( intransitive ) or "appeals" ( transitive ) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal

1950-673: The 2008 presidential primary elections. Among the changes: the primary election cycle would start nearly a year earlier than in previous cycles, states from the West and the South would be included in the earlier part of the schedule, and candidates who run in primary elections not held in accordance with the DNC's proposed schedule (as the DNC does not have any direct control over each state's official election schedules) would be penalized by being stripped of delegates won in offending states. The New York Times called

2025-481: The 2017-2018 expenses scandal (see below), Justice Davis retired. This triggered the second special election held on November 6, 2018. The Governor filled the vacancy until the election by appointing Evan Jenkins , who resigned from Congress to fill the seat. A total of 10 candidates filed for this seat as well. Evan Jenkins, the appointee was elected with 36% of the vote, with Dennise Renee Smith receiving 14%, former State Senate president Jeff Kessler receiving 12%, and

2100-413: The 7 remaining candidates splitting the remainder. Jenkins was to continue to serve the remaining time of Davis' term, which would expire on January 2, 2025, but he resigned on February 4, 2022. Three separate elections were held in May 2020. The full-term (12 years) seats held by Justices Workman and Justice Armstead were contested. These elections were again held on a non-partisan basis and consisted of

2175-465: The Crown) was unheard of in early English courts. English common law courts eventually developed the writs of error and certiorari as routes to appellate relief, but both types of writs were severely limited in comparison to modern appeals in terms of availability, scope of review, and remedies afforded. For example, writs of error were originally not available as a matter of right and were issued only upon

2250-518: The Fall 2018 Term, the Court appointed Cabell County Circuit Court Judge Paul T. Farrell to sit in the place of Loughry. This was a temporary assignment and did not constitute Ferrell becoming a Justice. In light of Loughry's resignation and Hutchison's appointment, Ferrell returned to duty in Cabell County at the end of the fall 2018 court term. Likewise, the Court appointed Judge Alan Moats, whose circuit

2325-555: The November general election, and both were later elected. On December 12, 2018, Justice appointed Hutchison, a lifelong friend and circuit judge in Raleigh County , to the seat vacated by Loughry. Justice made the appointment despite Hutchison being in a different political party from himself, describing Hutchison as "a conservative" and "a respected jurist". The Chief Justiceship is a rotating office, which by tradition changed from one Justice to another each year. In December 2021, it

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2400-498: The United States, for example, litigants may waive the right to appeal, as long as the waiver is "considered and intelligent". The appellate process usually begins when an appellate court grants a party's petition for review or petition for certiorari. Unlike trials, which many common law jurisdictions typically perform with a jury , appeals are generally presented to a judge, or a panel of judges. Before hearing oral argument , parties will generally submit legal briefs in which

2475-418: The United States, further types can be differentiated: All candidates appear on the same ballot and advance to the general election or second round regardless of party affiliation. Unified primary The United States is one of a handful of countries to select candidates through popular vote in a primary election system; most other countries rely on party leaders or party members to select candidates, as

2550-454: The aforementioned categories best describes their state's primary system. Open and semi-open systems favor this type of voter, since they can choose which primary they vote in on a yearly basis under these models. In closed primary systems, true independents are, for all practical purposes, shut out of the process. This classification further affects the relationship between primary elections and election commissioners and officials. The more open

2625-557: The candidate must move more towards the center in hopes of capturing a plurality. In Europe , primaries are not organized by the public administration but by parties themselves, and legislation is mostly silent on primaries. However, parties may need government cooperation, particularly for open primaries. Whereas closed primaries are rather common within many European countries , a few political parties in Europe have opted for open primaries. Parties generally organize primaries to nominate

2700-490: The circuit courts. Beginning July 1, 2022 a new intermediate appellate court, the Intermediate Court of Appeals of West Virginia , is in operation, overseeing administrative, family, and civil appellate jurisdiction while criminal cases will continue to only be reviewed by the Supreme Court. Justices are elected to 12-year terms in staggered, statewide, nonpartisan elections. In years that two seats are up for election,

2775-674: The court. Ketchum's resignation was part of a July 31, 2018, plea bargain , where he pled guilty to a single felony count of wire fraud . Although never implicated in any criminal conduct, on August 13, 2018, Robin Davis retired from the court after being impeached. Finally, on November 12, 2018, Allen Loughry resigned after being impeached and convicted of multiple federal felonies. Governor Jim Justice appointed Jenkins (a sitting congressman), and Armstead (the former House of Delegates Speaker) to Ketchum's and Davis's former seats on August 25, 2018. Both Jenkins and Armstead filed their candidacies for

2850-499: The death, resignation, or removal of a sitting justice, Article 8, Section 2 of the West Virginia Constitution permits the Governor to appoint a replacement. An election to fulfill the unexpired term must be held by the next regular general election. Because of the long length of the court's term (12 years), mid-term vacancies are frequent. Until 2015, elections to the Supreme Court of Appeals were partisan. After Republicans took control of

2925-451: The decision of a lower court. Some courts maintain a dual function, where they consider both appeals and matters of "first instance". For example, the Supreme Court of the United States primarily hears cases on appeal but retains original jurisdiction over a limited range of cases. Some jurisdictions maintain a system of intermediate appellate courts, which are subject to the review of higher appellate courts. The highest appellate court in

3000-466: The effect of eliminating minor parties from the general election, and frequently the general election becomes a single-party election. Unlike a plurality voting system, a run-off system meets the Condorcet loser criterion in that the candidate that ultimately wins would not have been beaten in a two-way race with every one of the other candidates. Because many Washington residents were disappointed over

3075-452: The election, Beth Walker received 39% of the vote to McGraw's 23%, Wooton's 21% and Benjamin's 12%. Walker took office on January 1, 2017. On July 11, 2018, due to the 2017-2018 expenses scandal (see below), Justice Ketchum resigned. This triggered the first special election held on November 6, 2018. The Governor filled the vacancy until the election by appointing Tim Armstead , the former state House Speaker. A total of 10 candidates filed for

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3150-622: The full House of Delegates impeached the four remaining members of the court. On August 14, 2018, Justice Davis retired, effective August 13, 2018. The West Virginia Senate , however, refused to dismiss the articles of impeachment against Davis and scheduled her for trial along with the other justices. In the first of the four impeachment trials, the Senate, in a 32-1-1 vote on October 2, 2018, decided not to remove Justice Walker from office. The Senate followed by agreeing, by voice vote, to publicly "reprimand and censure" Justice Walker for her actions in

3225-414: The general election may advance from the primary. When a qualifying primary is applied to a partisan election, it becomes what is generally known as a blanket or Louisiana primary : typically, if no candidate wins a majority in the primary, the two candidates receiving the highest pluralities , regardless of party affiliation, go on to a general election that is in effect a run-off. This often has

3300-570: The land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor . Additionally, appellate courts have existed in Japan since at least the Kamakura shogunate (1185–1333). During this time, the shogunate established hikitsuke , a high appellate court to aid

3375-832: The loss of their blanket primary , which the Washington State Grange helped institute in 1935, the Grange filed Initiative 872 in 2004 to establish a blanket primary for partisan races, thereby allowing voters to once again cross party lines in the primary election. The two candidates with the most votes then advance to the general election, regardless of their party affiliation. Supporters claimed it would bring back voter choice; opponents said it would exclude third parties and independents from general election ballots, could result in Democratic or Republican-only races in certain districts, and would in fact reduce voter choice. The initiative

3450-487: The move, "the biggest shift in the way Democrats have nominated their presidential candidates in 30 years." Of note regarding the DNC's proposed 2008 presidential primary election schedule is that it contrasted with the Republican National Committee 's (RNC) rules regarding presidential primary elections. "No presidential primary, caucus, convention, or other meeting may be held for the purpose of voting for

3525-529: The office of the United States Attorney for the Southern District of West Virginia was launched, and the court was audited by the state's legislative auditor. The charges of rampant corruption led to calls for the impeachment of Loughry and any other member of the court found to be involved. On July 11, 2018, Justice Ketchum resigned from the court. On July 31, 2018, he entered a guilty plea in

3600-490: The only participation is casting a ballot, a caucus is a gathering or "meeting of party members designed to select candidates and propose policies". Both primaries and caucuses are used in the presidential nomination process, beginning in January or February and culminating in the late summer political party conventions. Candidates may earn convention delegates from each state primary or caucus. Sitting presidents generally do not face serious competition from their party. While it

3675-456: The opposite party can vote for the weaker candidate in order to face an easier general election. In California, under Proposition 14 (Top Two Candidates Open Primary Act), a voter-approved referendum , in all races except for that for U.S. president and county central committee offices, all candidates running in a primary election regardless of party will appear on a single primary election ballot and voters may vote for any candidate, with

3750-540: The parties present their arguments at length in writing. Appellate courts may also grant permission for an amicus curiae to submit a brief in support of a particular party or position. After submitting briefs, parties often have the opportunity to present an oral argument to a judge or panel of judges. During oral arguments, judges often ask questions to attorneys to challenge their arguments or to advance their own legal theories. After deliberating in chambers, appellate courts issue formal written opinions that resolve

3825-490: The party leader ( leadership election ). The underlying reason for that is that most European countries are parliamentary democracies. National governments are derived from the majority in the Parliament, which means that the head of the government is generally the leader of the winning party. France is one exception to this rule. Closed primaries happen in many European countries, while open primaries have so far only occurred in

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3900-471: The party primary is combined with the general election . Parties in countries using the parliamentary system may also hold leadership elections . A party's leader will typically become the head of government should that party win a majority of seats in the legislature, meaning leadership elections often select a party's de facto candidate for prime minister, much like a presidential primary. Two types of party primaries can generally be distinguished: In

3975-485: The people. However, political parties control the method of nomination of candidates for office in the name of the party. Other methods of selecting candidates include caucuses , internal selection by a party body such as a convention or party congress , direct nomination by the party leader , and nomination meetings. A similar procedure for selecting individual candidates under party-list proportional representation can be found in open list systems; in such systems,

4050-426: The political affiliations of candidates are commonly known.) In some states and localities, candidates receiving more than 50% of the vote in the primary are automatically elected, without having to run again in the general election. In other states, the primary can narrow the number of candidates advancing to the general election to the top two, while in other states and localities, twice as many candidates as can win in

4125-407: The political right of Benjamin. On December 12, 2015, trial lawyer and former Democratic legislator, William Wooton, announced he would be a candidate, supported by donations from trial lawyers and run to the left of those candidates. On the last day to file, former justice Darrell McGraw , who was voted out of office after one term in 1988 announced he would run to the left of all candidates. In

4200-423: The primary process is its influence on the candidates themselves. Whether a system is open or closed dictates the way candidates run their campaigns. In a closed system, from the time a candidate qualifies to the day of the primary, they tend to have to cater to partisans, who tend to lean to the more extreme ends of the ideological spectrum. In the general election, under the assumptions of the median voter theorem ,

4275-415: The primary to be successful in the general election takes public office. In modern politics, primary elections have been described as a vehicle for transferring decision-making from political insiders to voters, though political science research indicates that the formal party organizations retain significant influence over nomination outcomes. The direct primary became important in the United States at

4350-615: The recommendation of the attorney general (which was initially discretionary but by modern times was regularly granted). Certiorari was originally available only for summary offences ; in the early 19th century, certiorari became available for indictable offences , but only to obtain relief before judgment. Due to widespread dissatisfaction with writs (resulting in the introduction of at least 28 separate bills in Parliament), England switched over to appeals in civil cases in 1873, and in criminal cases in 1907. The United States first created

4425-474: The remainder of the term. The seats held by Justice Hutchison and Justice Bunn were up for 12-year teams in 2024. These elections were held on a non-partisan basis and during the May primary election. Each seat was elected separately. Justice Hutchison was eligible for his full judicial pension and will be well into his 80s by the time a new term expired and did not seek re-election. Because all circuit judges were also be up for re-election in 2024, none could seek

4500-403: The rest of the country has even had a chance to weigh in, leaving the last states with virtually no actual input on the process. The counterargument to this criticism, however, is that, by subjecting candidates to the scrutiny of a few early states, the parties can weed out candidates who are unfit for office. The Democratic National Committee (DNC) proposed a new schedule and a new rule set for

4575-469: The scandal. The remaining justices were scheduled to tried separately in October and November 2018. Rather than face trial, Justice Workman sued the Legislature before a reconstituted Supreme Court, which ruled in her favor on technical grounds. 38°20′11″N 81°36′43″W  /  38.336401°N 81.612062°W  / 38.336401; -81.612062 Appellate review In law , an appeal

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4650-445: The seat. Tim Armstead, the appointee was elected with 26% of the vote, with Kanawha County Circuit Court judge Joanna I. Tabit receiving 22%, Eastern Panhandle Circuit Court Chief Judge Chris Wilkes receiving 13%, former State Senator Mark Hunt receiving 12%, and 6 remaining candidates splitting the remainder. Armstead continued to serve the remaining time of Ketchum's term, which expired on January 1, 2021. On August 14, 2018, due to

4725-781: The socialist and social-democratic parties in Greece and Italy, whereas France's Socialist Party organised the first open primary in France in October 2011. One of the more recent developments is organizing primaries on the European level. European parties that organized primaries so far were the European Green Party (EGP) and the Party of European Socialists (PES) With a view to the European elections , many European political parties consider organizing

4800-479: The state in adjudicating lawsuits. Although some scholars argue that "the right to appeal is itself a substantive liberty interest", the notion of a right to appeal is a relatively recent advent in common law jurisdictions. Commentators have observed that common law jurisdictions were particularly "slow to incorporate a right to appeal into either its civil or criminal jurisprudence". The idea of an appeal from court to court (as distinguished from court directly to

4875-777: The state level starting in the 1890s and at the local level in the 1900s. The first primary elections came in the Democratic Party in the South in the 1890s starting in Louisiana in 1892. By 1897 the Democratic party held primaries to select candidates in 11 Southern and border states. Unlike the final election run by government officials, primaries were run by party officials rather than being considered official elections, allowing them to exclude African American voters. The US Supreme Court would later declare such white primaries unconstitutional in Smith v. Allwright in 1944. The direct primary

4950-410: The structural and behavioral similarity of such systems to plurality-with-runoff elections , particularly in two-party systems; these similarities have led to the two-round system being described as the " nonpartisan primary ". The origins of primary elections can be traced to the progressive movement in the United States , which aimed to take the power of candidate nomination from party leaders to

5025-454: The system, the greater the chance of raiding, or voters voting in the other party's primary in hopes of getting a weaker opponent chosen to run against a strong candidate in the general election. Raiding has proven stressful to the relationships between political parties, who feel cheated by the system, and election officials, who try to make the system run as smoothly as possible. Perhaps the most dramatic effect this classification system has on

5100-451: The top two vote-getters overall moving on to the general election regardless of party. The effect of this is that it will be possible for two Republicans or two Democrats to compete against each other in a general election if those candidates receive the most primary-election support. As a result of a federal court decision in Idaho, the 2011 Idaho Legislature passed House Bill 351 implementing

5175-414: The voter-approved initiative. In elections using electoral systems where strategic nomination is a concern, primaries can be very important in preventing "clone" candidates that split their constituency's vote because of their similarities. Primaries allow political parties to select and unite behind one candidate. However, tactical voting is sometimes a concern in non-partisan primaries as members of

5250-399: Was announced that John A. Hutchison would be chief justice in 2022 and Beth Walker would be chief justice in 2023. The Court sometimes designates "senior-status" (retired) judges or justices to temporarily fill vacancies when required. Other times it will promote a current Circuit Court Judge. By tradition most Circuit Judges are promoted to at least one such case during their careers. For

5325-451: Was elected with 31% of the vote, to 30% for Kanawha County Circuit Judge Joanna Tabit, and 20% each for Kris Raines and Jim Douglas. A third, special, election, was held to fill the remainder of what was originally Loughry's term, then filled by appointment by Hutchison. This "Unexpired Term" runs from the certification of the final count in the May election, until January 2025, with the seat again up for election in May 2024. Justice Hutchison

5400-452: Was elected with 39% of the vote to 35% for Lora Dyer and 25% for Bill Swartz. Justice Jenkins resigned on February 4, 2022. He gave no public explanation for his decision. Because the filing period for the primary election has expired, the special election for the remainder of Jenkins' term, which will expire on January 2, 2025, would have been held in the November 2022 general election, on a non-partisan basis. The governor would have appointed

5475-521: Was previously the case in the U.S. The selection of candidates for federal, state, and local general elections takes place in primary elections organized by the public administration for the general voting public to participate in for the purpose of nominating the respective parties' official candidates; state voters start the electoral process for governors and legislators through the primary process, as well as for many local officials from city councilors to county commissioners. The candidate who moves from

5550-410: Was promoted primarily by regular party leaders as a way to promote party loyalty. Progressive reformers like Robert M. La Follette of Wisconsin also campaigned for primaries, leading Wisconsin to approve them in a 1904 referendum. Despite this, presidential nominations depended chiefly on party conventions until 1972. In 1968, Hubert Humphrey won the Democratic nomination without entering any of

5625-531: Was put to a public vote in November 2004 and passed. On 15 July 2005, the initiative was found unconstitutional by the U.S. District Court for the Western District of Washington . The U.S. Supreme Court heard the Grange's appeal of the case in October 2007. In March 2009, the Supreme Court upheld the constitutionality of the Grange-sponsored Top 2 primary, citing a lack of compelling evidence to overturn

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