Pancake, 042419 WVAGO, AGO 042419

• Case Date: April 24, 2019
• Court: West Virginia

The Honorable F. Cody Pancake, III AGO 042419 No. 042419 West Virginia Attorney General Opinion State of West Virginia Office of the Attorney General April 24, 2019          The Honorable F. Cody Pancake, III          Mineral County Prosecuting Attorney          P.O. Drawer 458          Keyser, WV 26726          Dear Prosecutor Pancake:          You have asked for an Opinion of the Attorney General about whether an individual may run for office in one county while still employed as a deputy sheriff in another county. This Opinion is being issued pursuant to W.Va. Code § 5-3-2, which provides that the Attorney General "may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office." To the extent this Opinion relies on facts, it is based solely on the factual assertions in your correspondence with the Office of the Attorney General.          In your letter, you explain that a deputy sheriff who works in Hardy County but lives in Mineral County has filed pre-candidacy paperwork to run for the position of Mineral County Sheriff. Mineral County's Clerk has sought your advice as to whether this individual "can or cannot file, run and/or campaign for Sheriff in Mineral County while he is a current Deputy Sheriff under civil service in Hardy County."          Your letter raises the following legal question:

Does West Virginia Code § 7-14-15, which regulates deputy sheriffs' political activities, bar deputy sheriffs from campaigning for public office outside of the county where they are employed?

         We conclude that the plain language and history of the statute instruct that a deputy sheriff employed in one county is not restricted from running for public office in a different county.          Discussion          Restrictions on an individual's right to stand for public office are generally disfavored. See, e.g., Marra v. Zink, 163 W.Va. 400, 404,256 S.E.2d 581, 584 (1979) (holding that limitations on "[t]he right to become a candidate for public office .. . must serve a compelling government interest"); Isaacs v. Bd. of Ballot Comm'rs, 122 W.Va. 703, 12 S.E.2d 510, 512 (1940) ("The right of a citizen to hold office is the general rule; ineligibility the exception."). This rule is hardly surprising, given that there is a "fundamental right to run for public office" under the West Virginia Constitution. Syl. pt. 2, State ex rel Billings v. City of Point Pleasant, 194 W.Va. 301,460 S.E.2d 436 (1995); see also, e.g, Garcelon v. Rutledge, 173 W.Va. 572, 574, 318...