WEST virginia legislature

2024 regular session

Introduced

House Joint Resolution 26

By Delegates Riley, Vance, and Smith

[Introduced January 29, 2024; Referred
to the Committee on the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia amending section four, article VII thereof, relating to clarifying that the elected executive department officers may not hold any other offices during their terms; clarifying the number of terms one may serve as Governor; limiting a person to only three consecutive terms as Secretary of State, State Auditor, State Treasurer, Attorney General, or Commissioner of Agriculture; and providing a summarized statement of the purpose of such proposed amendment.

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 2024, which proposed amendment is section four, article VII thereof be amended to read as follows:

ARTICLE VII.  EXECUTIVE DEPARTMENT.

§4.  Eligibility.

None of The executive officers mentioned in this article shall not hold any other office during the term of his or her service.

A person who has been elected or who has served as Governor during all or any part of two consecutive terms shall not is ineligible for the office of Governor during any part of the term immediately following the second of the two consecutive terms. The person holding the office of governor when this section is ratified shall not be prevented from holding the office of governor during the term immediately following the term he is then serving

After January 1, 2026, a person may not serve more than three consecutive terms as Secretary of State, State Auditor, State Treasurer, Attorney General, or Commissioner of Agriculture.  Terms that begin prior to January 1, 2026, are not counted for the purposes of this limitation, but a partial term served after that date shall be considered a term for purposes of this section.

Resolved further, That in accordance with the provisions of §3-11-1 et seq. of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered "Amendment No. 1" and designated as the "Constitutional Officer Term Limit Amendment" and the purpose of the proposed amendment is summarized as follows: "to clarify that the elected executive department officers may not hold any other elected offices during their terms; to clarify the number of terms one may serve as Governor; and to limit a person to only three consecutive terms as Secretary of State, State Auditor, State Treasurer, Attorney General, or Commissioner of Agriculture."

NOTE: The purpose of this resolution is to amend the West Virginia Constitution to clarify that the elected executive department officers may not hold any other elected offices during their terms; and to limit a person to only three consecutive terms as Secretary of State, State Auditor, State Treasurer, Attorney General, or Commissioner of Agriculture.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.