If in the event of an attack a legislator is unavailable, his emergency interim successor highest in order of succession who is not unavailable shall, except for the power and duty to appoint emergency interim successors, exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until the incumbent legislator, and emergency interim successor higher in order of succession, or a legislator appointed or elected and legally qualified can act. Each house of the Legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this article to exercise the powers and assume the duties of its members. All Constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.
Structure West Virginia Code
Article 7. Emergency Interim Legislative Succession Act
§15-7-2. Declaration of Policy
§15-7-4. Designation of Emergency Interim Successors to Legislators
§15-7-5. Status, Qualifications and Term of Emergency Interim Successors
§15-7-6. Contingent Method of Designating Emergency Interim Successors
§15-7-7. Recording and Publication of Successor's Name
§15-7-8. Oath of Emergency Interim Successors
§15-7-9. Duty of Emergency Interim Successors
§15-7-10. Place of Legislative Session in Event of Attack, etc.
§15-7-11. Assumption of Powers and Duties of Legislator by Emergency Interim Successor
§15-7-12. Privileges, Immunities and Compensation of Emergency Interim Successors