West Virginia: bill ends plurality wins for state’s supreme court & requires runoffs for top 2 candidates; other judicial races would not be affected

West Virginia’s current voting system for the state’s courts are both nonpartisan (as of 2015) and plurality-win. This meant that in the 2016 contest for the state’s Supreme Court of Appeals the victor (Beth Walker) defeated incumbent Brent Benjamin with only 39.62% of the vote in a 5-way race.

HB 2635 as filed would prohibit such a win in the future, at least for the state’s top court. Instead, if no candidate received a majority of votes, the top 2 candidates would face off in a runoff within 30 days.

Interestingly, this would not apply to the state’s other judicial races. For example in 2016 the Circuit Court District 10, Division 4 seat was won with only 25.49% of the vote in a 10-way race while Circuit Court District 15, Division 1 was won with only 32.67% in a 6-way race. Similar races occurred for the state’s Family Court (37.34% for District 16, Division 1 & 39.11% for District 24, Division 2, both 3-way races).

HB 1635 has been filed in the House Judiciary Committee.