# W. Va. Code § 18-5-2: Filling vacancies

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S2

## Section

- **Citation:** W. Va. Code § 18-5-2
- **Heading:** Filling vacancies
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 18 / Article 5 / Section 2

## Text

(a) The board shall, by appointment, fill within forty-five days any vacancy that occurs in its membership. In the event that the board does not fill the vacancy within forty-five days, the state Superintendent of Schools shall appoint a person to fill the vacancy.

(b) (1) When the vacancy occurs after the eighty-fourth day before a general election, and the affected term of office ends on June 30 following the next primary election, the person appointed to fill the vacancy shall continue in office until the completion of the term.

(2) When the vacancy occurs after the eighty-fourth day before a general election and not later than the close of candidate filing for the next succeeding primary election, and the affected term of office does not end on June 30 following the next primary election, an election for the unexpired term shall be held at the next primary election, and the appointment shall continue until June 30 following the primary election with the duly elected and certified successor taking office on July 1, following the primary election and serving until the expiration of the original term of office.

(3) When the vacancy occurs after the close of candidate filing for the primary election and not later than eighty-four days before the general election, the vacancy shall be filled by election in the general election, and the appointment shall continue until a successor is elected and certified.

## Nearby sections

- [W. Va. Code § 18-5-1 §18-5-1. Supervision and control of county school districts; number, nomination and election of members.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S1.md)
- [W. Va. Code § 18-5-1A §18-5-1a. Eligibility of members; training requirements.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S1A.md)
- [W. Va. Code § 18-5-1B §18-5-1b. Election; terms of office.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S1B.md)
- [W. Va. Code § 18-5-1C §18-5-1c. Organization of board; evaluation.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S1C.md)
- [W. Va. Code § 18-5-2 §18-5-2. Filling vacancies.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S2.md)
- [W. Va. Code § 18-5-3 §18-5-3. Oath of members.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S3.md)
- [W. Va. Code § 18-5-4 §18-5-4. Meetings; employment and assignment of teachers; budget hearing; compensation of members; affiliation with state and national associations.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S4.md)
- [W. Va. Code § 18-5-5 §18-5-5. Corporate character and general powers of board; exemption of school property from legal process and taxes.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S5.md)
- [W. Va. Code § 18-5-6 §18-5-6. Validation of titles to land in possession of board.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S6.md)
- [W. Va. Code § 18-5-7 §18-5-7. Sale of school property at public auction; rights of grantor of lands in rural communities; oil and gas leases; disposition of proceeds; lease of school property.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S7.md)
- [W. Va. Code § 18-5-7A §18-5-7a. Disposition of school property in flood control projects.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S7A.md)
- [W. Va. Code § 18-5-7B §18-5-7b. Charitable or community use of unneeded buildings.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S7B.md)
- [W. Va. Code § 18-5-8 §18-5-8. Condemnation of land necessary for educational purposes.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S8.md)
- [W. Va. Code § 18-5-9 §18-5-9. Schoolhouses, buildings and equipment; health of pupils; repairs; medical and dental clinics.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S2. Check the current official text before relying on it. Not legal advice.