WEST virginia legislature

2022 regular session

House Joint Resolution 106

By Delegates Burkhammer, Foster, Crouse, Keaton, Haynes, Martin, Kimble, Pritt, Maynor, Hardy, and Pack

[Introduced February 7, 2022; Referred
to the Committee on Education then the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia amending section six, article XII thereof, relating to removing the requirement that elections for local school board members be nonpartisan 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 2022 and the purpose of the proposed amendment is summarized as follows: “To amend section six, article XII of the Constitution of West Virginia to allow for partisan elections for local school board members,” and which amendment is that section six, article XII thereof be amended to read as follows:

Article XII. Education.

§6. School districts.

The school districts into which the state is divided shall continue until changed pursuant to act of the Legislature. Provided, That the school board of any district shall be elected by the voters of the respective district without reference to political party affiliation. No more than two of the members of such board may be residents of the same magisterial district within any school district.

Resolved further, That in accordance with the provisions of §3-11-1 et seq. of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Partisan Election of School Board Members Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend section six, article XII of the Constitution of West Virginia to allow for partisan elections for local school board members.“

NOTE: The purpose of this resolution is to remove the requirement that elections for local school board members be without reference to political party affiliation.

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