WEST VIRGINIA LEGISLATURE

2016 REGULAR SESSION

House Joint Resolution 37

By Delegates Marcum, Phillips, Sobonya, McCuskey, Westfall, Storch, Frich, Reynolds, Rohrbach, Householder and Shott

 [Introduced; referred to the

Committee on the Judiciary.]

Proposing an amendment to the Constitution of the State of West Virginia, amending section seven, article IV thereof; and amending section three, article VI thereof, all relating to limiting the number of consecutive terms Senators and Delegates may serve; numbering and designating such proposed amendment; 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 2016, which proposed amendment is that section seven, article IV thereof be amended; and which proposed amendment is that section three, article VI thereof be amended, all to read as follows:

ARTICLE IV.  ELECTIONS AND OFFICERS.

4-7. General elections, when held -- Terms of officials.

The general elections of state and county officers, and of members of the Legislature, shall be held on the Tuesday next after the first Monday in November, until otherwise provided by law. The terms of such officers, not elected, or appointed to fill a vacancy, shall, unless herein otherwise provided, begin on the first day of January; and of the members of the Legislature, on the first day of December next succeeding their election. Elections to fill vacancies, shall be for the unexpired term. When vacancies occur prior to any general election, they shall be filled by appointments, in such manner as may be prescribed herein, or by general law, which appointments shall expire at such time after the next general election as the person so elected to fill such vacancy shall be qualified.

Unless specifically otherwise provided for by this Constitution, all elected state officers are limited to twelve consecutive years serving in the same office.

ARTICLE VI.  THE LEGISLATURE.

§3.  Senators and Delegates -- Terms of office.

Senators shall be elected for the term of four years, and delegates for the term of two years.  The senators first elected, shall divide themselves into two classes, one senator from every district being assigned to each class; and of these classes, the first to be designated by lot in such manner as the Senate may determine, shall hold their seats for two years and the second for four years, so that after the first election, one half of the senators shall be elected biennially.

A person who has been elected or who has served as a senator during all or any part of three consecutive terms is ineligible for the office of senator during any part of the term immediately following the third of the three consecutive terms. No person who has served three or more consecutive terms as a senator upon the ratification of this amendment in 2016 is eligible to serve another consecutive term beginning in 2017.

A person who has been elected or who has served as a delegate during all or any part of six consecutive terms is ineligible for the office of delegate during any part of the term immediately following the sixth of the six consecutive terms. No person who has served six or more consecutive terms as a delegate upon the ratification of this section in 2016 is eligible to serve another consecutive term beginning in 2017.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1" and designated as the “Senators and Delegates Term Limit Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the state Constitution to limit the terms of office of Senators and Delegates to twelve consecutive years.”

NOTE: The purpose of this resolution is to amend the state Constitution to limit persons serving as Senators from serving more than three consecutive terms and serving as Delegates for more than six consecutive terms.

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