MORGANTOWN — If Ryan Wallace receives the most votes for the 3rd Ward Morgantown City Council seat in the upcoming city election, his replacement will be appointed by a majority vote from the other six council members.
Wallace announced last Friday that he did not intend to serve a second term as he’s moving to Toronto with his family once the current term of council ends June 30.
Even so, state election law prevents him from removing his name from the ballot this close to the April 30 election, meaning he will appear on the ballot as one of four unopposed incumbent candidates.
Wallace has said he hopes to prevent his re-election by endorsing Richard Dumas, one of two write-in candidates to enter the 3rd Ward race since his announcement. Zack Cruze has also entered as a write-in candidate.
But if a majority of city voters simply see his lone name up for consideration and give him their votes, it will fall to council to determine who ultimately fills the seat according to Section 2.06 of the Morgantown City Charter.
As Wallace has indicated, he plans to move to Canada on July 1, so he would no longer be qualified to represent the 3rd Ward.
“In this situation, there would be a vacancy. Anyone elected must be a resident of the ward she or he would represent, otherwise there is a vacancy,” Morgantown Communications Director Andrew Stacy said, explaining that should that occur, council must select a resident of the ward in question who meets the charter’s qualifications to hold office.
According to the charter, council must fill the vacancy within 30 days of the seat becoming empty. If it fails to do so, a special election must be called.
The charter doesn’t differentiate between appointments made following an election or in the middle of a term, and does not indicate council would need to pick from other candidates for the open seat — write-in or otherwise.
Stacy said the city is not aware of any precedent of city council appointing a member to fill a vacancy.
Tweet @DominionPostWV.
