State ex rel. Cravotta v. Hechler

MILLER, Justice:

In this original mandamus proceeding, the relators challenge the respondents’ refusal, under W.Va.Code, 3-5-19(a)(5) (1991), to permit them to fill a ballot vacancy caused by the withdrawal of a candidate after the primary election.

I

The facts can be briefly stated. In a letter dated June 30, 1992, the Republican candidate for the United States House of Representatives for the Second Congressional District, Ron P. Foster, advised the Secretary of State, Ken Hechler, that he wished to withdraw as a candidate:

“Due to personal family committments [sic] it would be impossible for…