WEST virginia legislature
2022 regular session
Introduced
Senate Joint Resolution 11
By Senators Jeffries, Lindsay, and Baldwin
[Introduced February 17,
2022; referred
to the Committee on the Judiciary; and then to the Committee on Finance]
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2022, which proposed amendment is that section 10, article IX thereof, be amended and reenacted to read as follows:
ARTICLE xi. county organization
§10. Terms of Office of County Commissioners.
The commissioners shall be elected by the voters of
the county magisterial district he or she represents, and hold
their office for a term of six years, except that at the first meeting of said
commissioners they shall designate by lot, or otherwise in such manner as they
may determine, one of their number, who shall hold his office for a term of two
years, one for four years, and one for six years, so that one shall be elected
every two years; but no two of said commissioners shall be elected from the
same magisterial district. If two or more persons residing in the same district
shall receive the greater number of votes cast at any election, then only the
one of such persons receiving the highest number shall be declared elected, and
the person living in another district, who shall receive the next highest
number of votes, shall be declared elected. Said commissioners shall annually
elect one of their number as president. The commissioners of said commissions,
now in office, shall remain therein for the term for which they have been
elected, unless sooner removed therefrom, in the manner prescribed by law.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Fair County Commissioner Representation Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the State Constitution by permitting citizens of the State of West Virginia to have fair and equal representation by requiring county commissioners to be elected by the same voters in the magisterial district whom he or she shall represent.”
NOTE: The purpose of this resolution is to permit the same West Virginia citizens in a magisterial district to be the sole electors of the county commissioners which represent those citizens.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.