COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 536
(By Senators Ross, Anderson, Love and Sharpe)
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[Originating in the Committee on the Judiciary;
reported April 2, 2001.]
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A BILL to amend article five, chapter six of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section thirteen,
relating to prohibiting certain county officeholders from
holding another full-time state position.
Be it enacted by the Legislature of West Virginia:
That article five, chapter six of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section thirteen, to read
as follows:
ARTICLE 5. TERMS OF OFFICE; MATTERS AFFECTING THE RIGHT TO HOLD
OFFICE.
§6-5-13. Disqualification by holding full- or part-time elected
public office.
A sheriff, prosecuting attorney, county commissioner, county
assessor, county clerk or circuit court clerk may not hold any
full-time state office and any such officeholder who is elected or
appointed to a full-time state position must resign his or her
county position prior to assuming the state position. The
provisions of this section shall apply only to persons who assume
a full-time state position after the first day of July, two
thousand one.
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(NOTE: The purpose of this bill is to prohibit certain county
officeholders from assuming another full-time state position unless
the county office is vacated by that person.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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