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STATE EX REL. WEST VIRGINIA CITIZEN ACTION GROUP v. TOMBLIN

Nos. 101494, 10-4004.

715 S.E.2d 36 (2011)

STATE of West Virginia ex rel. WEST VIRGINIA CITIZEN ACTION GROUP, Petitioner, v. Earl Ray TOMBLIN, President of the West Virginia Senate, Richard Thompson, Speaker of the West Virginia House of Delegates, and Natalie Tennant, Secretary of State of West Virginia, Respondents. Kenny Perdue, President of the West Virginia AFL-CIO, Intervener, and State of West Virginia ex rel. Thornton Cooper, Petitioner, v. Earl Ray Tomblin, Acting Governor of the State of West Virginia, And President of the West Virginia Senate, Richard Thompson, Speaker of the West Virginia House of Delegates, and Natalie Tennant, Secretary of State of West Virginia, Respondents. Kenny Perdue, President of the West Virginia AFL-CIO, Intervener.

Supreme Court of Appeals of West Virginia.

Decided January 18, 2011.

Attorney(s) appearing for the Case

Kathryn Reed Bayless, Esq. , Bayless Law Firm, Princeton, WV, for West Virginia Citizen Action Group.

Thornton Cooper, Esq. , South Charleston, WV, Pro Se.

Thomas P. Maroney, Esq. , Maroney, Williams, Weaver & Pancake, Charleston, WV, for Kenny Perdue, As President of the West Virginia AFL-CIO.

Lisa A. Hopkins, Esq. , General Counsel West Virginia State Auditor's Office, Charleston, WV, for Amicus Curiae Glen B. Gainer, III, Auditor of the State of West Virginia.

Charles McElwee, Esq. , Charleston, WV, Amicus Curiae Pro Se.

James M. Haviland, Esq. , Charleston, WV, for Amicus Curiae West Virginia Education Association.

Thomas V. Flaherty, Esq. , Tammy R. Harvey, Esq. , Caleb P. Knight, Esq. , Flaherty Sensabaugh Bonasso.

Ray Ratliff, Esq. , Charleston, WV, for Earl Ray Tomblin, Acting Governor of the State of West Virginia, and President of the West Virginia Senate.

Anthony J. Majestro, Esq. , Powell & Majestro, Charleston, WV, for Richard Thompson, Speaker of the West Virginia House of Delegates.

Darrell V. McGraw, Jr., Esq. , Attorney General, Silas B. Taylor, Esq. , Senior Deputy Attorney General, Charleston, WV, for Natalie E. Tennant, Secretary of State of West Virginia.

BENJAMIN, Justice:

In this original jurisdiction action, the petitioners seek a writ of mandamus compelling the respondents to call a special election as soon as practicable in 2011 to fill the vacancy in the office of governor created on November 15, 2010, when former Governor Joe Manchin, III, resigned from that office to assume the office of United States Senator. Petitioners herein are the West Virginia Citizen Action Group,1 Thornton...

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