SENATE JOINT RESOLUTION NO. 12
(By Senator Hunter)
(Introduced March 24, 1997; referred to the
Committee on the Judiciary.)
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-eight,
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.
Every citizen of this State entitled to vote therein, except
a member of Congress, sheriff or clerk of a court of record,
shall be eligible for election to any state, county or municipal
office, and shall may not be denied such eligibility by reason of
employment under the United States of America, this State, or any
subdivision, county or municipality thereof, but such the citizen
shall may not hold more than one elected or appointed office,
established under this Constitution or general law, in the
executive, judicial or legislative branches of state government.
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 remove the prohibition against
election to state, county and municipal public office of
employees of federal, state and local government."
NOTE: The purpose of this resolution relates to amending
the Constitution to remove certain prohibitions on election to
public office of employees of federal, state and local government
except a member of Congress, sheriff or clerk of a court. The
amendment also prohibits any person from holding more than a
single elected or appointed office in the executive, legislative
or judicial branches of state government.
Strike-throughs indicate language that would be stricken
from the present Constitution, and underscoring indicates new
language that would be added.