Senate Bill No. 498
(By Senator Sprouse)
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[Introduced February 15, 2000; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section sixteen, article one, chapter
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section one,
article one, chapter fifty-one of said code, all relating to
the election of supreme court justices on a nonpartisan basis.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article one, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that section one, article one,
chapter fifty-one of said code be amended and reenacted, all to
read as follows:
CHAPTER 3. ELECTIONS.
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-16. Election of state officers.
At the general election to be held in the year one thousand
nine hundred sixty-eight, and in every fourth year thereafter,
there shall be elected a governor, secretary of state, treasurer,
auditor, attorney general, and commissioner of agriculture. At the
general election in the year one thousand nine hundred sixty-eight,
and in every second year thereafter, there shall be elected a
member of the state Senate for each senatorial district, and a
member or members of the House of Delegates of the state from each
county or each delegate district. At the general election to be
held in the year one thousand nine hundred sixty-eight, and in
every twelfth year thereafter, there shall be elected one judge of
the supreme court of appeals, and at the general election to be
held in the year one thousand nine hundred seventy-two, and in
every twelfth year thereafter, two judges of the supreme court of
appeals, and at the general election to be held in the year one
thousand nine hundred seventy-six, and in every twelfth year
thereafter, two judges of the supreme court of appeals. Beginning
with the primary election in the year two thousand two, justices of
the supreme court shall be elected on a nonpartisan basis.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-1. Justices.
The supreme court of appeals shall consist of five justices,
elected and qualified according to the constitution and the laws of
this state, any three of whom shall constitute a quorum. Beginning
with the primary election in two thousand two, justices shall be
elected on a nonpartisan basis.
NOTE: The purpose of this bill is to provide for the election
of Supreme Court Justices on a nonpartisan basis, beginning with
the primary election of 2002.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.