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STATE EX REL. CRAVOTTA v. HECHLER

No. 21308.

421 S.E.2d 698 (1992)

187 W.Va. 790

STATE of West Virginia ex rel. Samuel A. CRAVOTTA, et al., Relators v. Ken HECHLER, as Secretary of State and as a Member of the State Election Commission; Allan S. Hammock, Barbara Ruley, Becky Cain, and Gary A. Collias, Members of the State Election Commission; Bob Wise; and the State Election Commission, Respondents

Supreme Court of Appeals of West Virginia.

Decided September 2, 1992.

Attorney(s) appearing for the Case

Victor A. Barone, Hurt & Barone, Charleston, for relators.

Michael J. Basile, Asst. Atty. Gen., Charleston, A. Renee Coe, Deputy Secretary of State, Special Asst. Atty. Gen., Charleston, for respondents.

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...

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