COMMITTEE SUBSTITUTE
FOR
H. J. R. 7
(By Delegates Doyle, Gallagher, Leach, Mezzatesta,
Prezioso, Rowe, Wallace, Fleischauer and Burke)
(Originating in the Committee on
Constitutional Revision.)
(February 22, 1995)
Proposing an amendment to the Constitution of the State of West
Virginia, amending section thirteen, article six thereof,
relating to the eligibility of citizens of the State to
elected public office; 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 one thousand nine hundred ninety-six, which proposed
amendment is that section thirteen, article six thereof be amended
to read as follows:
ARTICLE VI. THE LEGISLATURE.
§13. Eligibility to hold an elected public office.
No person holding any other lucrative office or employment
under this state, the United States, or any foreign government,
no member of Congress; and no person who is sheriff, constable,
or clerk of any court of record, shall be eligible to a seat in
the Legislature.
§13. Eligibility to seat in Legislature.
In addition to any qualifications, prohibitions or
restrictions set forth elsewhere in this Constitution, the
Legislature shall, as sole judge of the qualifications of its
members, determine the eligibility of a person to a seat in the
Legislature in accordance with the provisions of this section.
Subsection A -- Ineligibility
No person shall be eligible to a seat in the Legislature
who:
(1) Exercises the powers of either the executive or the
judicial department of this state by virtue of his or her
election or appointment to a lucrative office under this state:
Provided, That a person who is a faculty member of an institution
of higher education of this state shall not, because of that fact
only, be deemed to be a member of a class of persons exercising
the powers of the executive department of this state;
(2) Exercises the powers of the federal government by
virtue of his or her election or appointment to a lucrative
office under the government of the United States: Provided, That
a person holding a commission in the military reserves of theUnited States or the national guard of this state shall not,
because of that fact only, be deemed to hold an appointment to a
lucrative office under the government of the United States;
(3) Holds any lucrative office or employment under any
foreign government; or
(4) Is an officer of a county government or other political
subdivision of this state whose office is created by this
Constitution.
Subsection B -- Exception to restriction against holding
lucrative office
(5) A person who holds a position of mere public employment
subject to the supervision and policy direction of a public
officer, and who does not exercise a portion of sovereign power,
shall not be deemed to hold an appointment to a lucrative office.
__________
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Fair and Equal Citizenship Amendment" and the purpose of the
proposed amendment is summarized as follows: "To amend the
Constitution of West Virginia to redefine prohibitions against
election to state office and to clarify that a person who holds
a position of mere public employment and who does not exercise a
portion of sovereign power may be eligible to run for and hold a
seat in the Legislature."