(a) An election for the purpose of electing a justice or justices of the Supreme Court of Appeals shall be held on the same date as the primary election, as provided by law, upon a nonpartisan ballot by division printed for this purpose. For election purposes, in each election at which shall be elected more than one justice of the Supreme Court of Appeals, the election shall be by numbered division corresponding to the number of justices being elected. Each justice shall be elected at large from the entire state.
(b) In each nonpartisan election by division for a justice of the Supreme Court of Appeals, the candidates for election in each numbered division shall be tallied separately, and the board of canvassers shall declare and certify the election of the eligible candidate receiving the highest numbers of votes cast within a numbered division to fill any full terms.
(c) In case of a tie vote under this section, section twelve, article six of this chapter controls in breaking the tie vote.
Structure West Virginia Code
Article 5. Primary Elections and Nominating Procedures
§3-5-2. Delegates to National Conventions; Alternate Delegates
§3-5-3. Presidential Preference
§3-5-4. Nomination of Candidates in Primary Elections
§3-5-6. Election of County Board of Education Members at Primary Elections
§3-5-6a. Election of Justices of the Supreme Court of Appeals
§3-5-6b. Election of Circuit Judges
§3-5-6c. Election of Family Court Judges
§3-5-6d. Election of Magistrates
§3-5-6e. Election of Judges of the Intermediate Court of Appeals
§3-5-8. Filing Fees and Their Disposition
§3-5-9. Certification and Posting of Candidacies
§3-5-10. Publication of Sample Ballots and Lists of Candidates
§3-5-11. Withdrawals; Filling Vacancies in Candidacy; Publication
§3-5-12. Official and Sample Ballots; Color
§3-5-13. Form and Contents of Ballots
§3-5-13a. Order of Offices and Candidates on the Ballot; Uniform Drawing Date
§3-5-14. General Provisions Applicable to Primary Elections
§3-5-15. Ascertaining and Certifying Primary Election Results
§3-5-16. Return of Supplies and Certificates
§3-5-17. Canvassing and Certifying Returns; Recount Procedures
§3-5-18. Disposition of Certificates of Results
§3-5-19. Vacancies in Nominations; How Filled; Fees
§3-5-20. Election Contests and Court Review
§3-5-21. Party Conventions to Nominate Presidential Electors; Candidates; Organization; Duties
§3-5-22. Other Party and Group Nominations; Procedure
§3-5-23. Certificate Nominations; Requirements and Control; Penalties