Senate Bill No. 386

(By Senators Chafin and Buckalew)

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[Introduced March 20, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend article four, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a, relating to prohibiting prosecuting attorneys from holding other office, accepting other appointments or becoming a candidate for elective office or nomination thereto; and providing for vacation of office upon violation.

Be it enacted by the Legislature of West Virginia:
That article four, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one- a, all to read as follows:
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-1a. Limitation on election or nomination for other elective public office.

No prosecuting attorney may hold any other office or accept any appointment within state government; nor may any prosecuting attorney become a candidate for any elective public office or for the nomination thereto; and violation of any of the provisions contained in this section shall vacate the office of the prosecuting attorney.

NOTE: The purpose of this bill is to limit the election or nomination of a prosecuting attorney to another elective or appointive state office.

§7-4-1a is new; therefore, strike-throughs and underscoring have been omitted.