Romano, 062719 WVAGO, AGO 062719

• Case Date: June 27, 2019
• Court: West Virginia

The Honorable Rachel Romano AGO 062719 No. 062719 West Virginia Attorney General Opinion State of West Virginia Office of the Attorney General June 27, 2019          The Honorable Rachel Romano          Harrison County Prosecuting Attorney          301 West Main Street          Clarksburg, WV 26301          Dear Prosecutor Romano:          You have asked for an Opinion of the Attorney General about how to determine if a magisterial district seat for a county commissioner position is considered "open.'" This Opinion is being issued pursuant to West Virginia Code Section 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 set forth in your correspondence with the Office of the Attorney General.          In your letter, you explain that the Harrison County Commission has asked which magisterial district is "open"' for the next election where a current commissioner filed paperwork to stand for election while a resident of one district, but currently lives in another district where he moved prior to the general election in which he was elected.          Your letter raises the following legal question:

For purposes of the requirement in Article IX, § 10 of the West Virginia Constitution that "no two [county] commissioners shall be elected from the same magisterial district, " is a commissioner "elected from " the district where that commissioner lived at the time he or she filed paperwork to stand for election, or the district where he or she moved after filing hut before the general election?

         We conclude that the "open" magisterial district in the next election is the former. The Supreme Court of Appeals has interpreted Article IX, Section 10 to mean that a county commissioner serves the county where he or she resided at the time of the general election, even if the commissioner resided in a different district at the time he or she filed pre-election candidacy...