HOUSE JOINT RESOLUTION NO. 6
(By Delegates Overington, Pulliam, Harrison,
Given, Osborne, Louisos and Stalnaker)
(Introduced January 24, 1995; referred to the
Committee on Constitutional Revision.)
Proposing an amendment to the Constitution of the State of West
Virginia, amending section one, article six thereof;
amending section two, article fourteen thereof; and further
amending said Constitution by adding a new article,
designated article fifteen, all relating to the legislative
powers held by the people of the State and the Legislature;
the power of the registered voters and the power of the
Legislature to propose amendments to this Constitution; and
the reservation by and to the people and registered voters
of this State the powers of initiative, referendum and
recall at all levels of government in this State; 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 one, article six
thereof, be amended; that section two, article fourteen thereof,
be amended; and that the Constitution be further amended by
adding thereto a new article, designated article fifteen, all to
read as follows:
ARTICLE VI. THE LEGISLATURE.
§1. Legislative powers held by people and by Legislature.
Except for the initiative and referendum powers reserved by
and to the people of West Virginia in article fifteen of this
Constitution, the legislative power shall be vested in a Senate
and House of Delegates. The style of their acts shall be, "Be it
enacted by the Legislature of West Virginia."
ARTICLE XIV. AMENDMENTS -- HOW MADE.
§2. How amendments are made.
Any amendment to the Constitution of the State may be
proposed: (a) By registered voters through the initiative
procedure set forth in article fifteen of this Constitution; or
(b) by a member or members of the Legislature through the
legislative procedure hereinafter set forth in this paragraph.
An amendment to this Constitution may be proposed in either house
of the Legislature at any regular or extraordinary session
thereof; and if the same amendment, being read on three several
days in each house, be agreed to on its third reading, by two
thirds of the members elected thereto, the proposed amendment,
with the yeas and nays thereon, shall be entered on the journals,and it shall be the duty of the Legislature to provide by law for
submitting the same amendment to the voters of the State for
ratification or rejection, at a special election, or at the next
primary election or next general election thereafter, and cause
the same amendment to be published, at least three months before
such the election in some newspaper in every county in which a
newspaper is printed. If a majority of the qualified voters,
voting on the question at the polls held pursuant to such law,
ratify the proposed amendment, it shall be in force from the time
of such the ratification, as part of the Constitution of the
State. If two or more amendments be submitted at the same time,
the vote on the ratification or rejection shall be taken on each
separately, but an amendment may relate to a single subject or to
related subject matters and may amend or modify as many articles
and as many sections of the Constitution as may be necessary and
appropriate in order to accomplish the objectives of the
amendment. Whenever one or more amendments are submitted at a
special election, no other question questions, issue issues or
matter matters shall may be voted upon at such the special
election, and the cost of such the special election throughout
the State shall be paid out of the State treasury.
ARTICLE XV. INITIATIVE, REFERENDUM AND RECALL.
§1. Initiative and referendum; definitions, scope, limitations.
The people of West Virginia reserve to themselves the powers
of initiative and referendum.
Subject to the restrictions set forth in this section, the
power of initiative is the power of registered voters, through
the use of a petition procedure established in this section, and
governed by general law not in conflict therewith, to propose
statutes and amendments to this Constitution and, at a regularly
scheduled general or primary election held less than two years
after the filing of a proper petition, to enact or reject the
voter-proposed statutes and amendments by a simple majority of
the votes cast on the issue. The power of the voters to propose,
and to enact or to reject, laws is not subject to the veto power
of the Governor or of any other individual.
Subject to the restrictions set forth in this section, the
power of referendum is the power of registered voters, through
the use of a petition procedure established in this section, and
governed by general law not in conflict therewith, to propose the
rejection of statutes, or specific portions thereof, newly
enacted by the Legislature, and, at a regularly scheduled general
or primary election held less than two years after the filing of
a proper petition, to approve or reject the statutes, or specific
portions thereof, by a simple majority of the votes cast on the
issue.
The initiative and referendum powers reserved by and to the
people pursuant to this section are further reserved to the
registered voters of each municipality, county or other election
district as to all local, special, municipal, and countyordinances, charter provisions, rules and other legislation of
every character in or for the municipality, county, or other
district if the ordinances, charter provisions, rules, and other
legislation are ordained or enacted, or capable of being ordained
or enacted, by the election council of a municipal corporation,
by a county commission, by an elected board of a school district
or by any other elected public body, as the case may be.
The Legislature shall, by general law in accordance with
this section, provide for initiative and referendum at each level
of government in West Virginia. The Legislature shall further
provide that a petition for initiative or referendum must be
signed by registered voters residing in the district over which
the elected public body in question has jurisdiction.
The Legislature shall further provide that, to initiate an
initiative election pursuant to this section, a petition for
initiative, including all copies thereof, must contain the
signatures of a number of the registered voters residing in the
district equal to at least ten percent of all of the votes cast
for the office of Governor in the district in the most recent
quadrennial general election preceding the filing of the
petition. The Legislature shall further provide that, in
addition to meeting the aforementioned requirements, to initiate
a statewide initiative election pursuant to this section, a
petition for initiative, including all copies thereof, must, in
each county of two thirds of the counties in this State, containthe signatures of a number of the registered voters residing in
the county equal to at least ten percent of all of the votes cast
for the office of Governor in the county in the most recent
quadrennial election preceding the filing of the petition.
The power of initiative described in this section may not be
exercised to propose or to enact legislation which the applicable
elected public body itself could not propose or enact; nor may
the power of initiative be exercised in an attempt to name or to
identify a particular individual to have or to hold any office,
position, or term or condition of employment or to authorize a
private firm or corporation to perform any function or to have
any power or duty nor may the power of initiative be exercised in
an attempt to amend this article. No more than five statewide
initiative measures shall be voted upon at the same election.
The Legislature shall, by general law, establish objective
procedures to govern which statewide initiative measures will be
voted upon at a particular election in the unlikely event that
six or more such measures would otherwise qualify to be voted
upon at a particular election: Provided, That nothing in this
section shall be construed to require that the Legislature
mandate special elections under such circumstances.
The Legislature shall further provide that, to initiate a
referendum election pursuant to this section, a petition for
referendum, including all copies thereof, must contain the
signatures of a number of the registered voters residing in thedistrict equal to at least ten percent of all of the votes cast
for the office of Governor in the district in the most recent
quadrennial general election preceding the filing of the
petition. In addition to the above requirements, the Legislature
shall further provide that, to initiate a statewide referendum
election pursuant to this section, a petition for referendum,
including all copies thereof, must, in each county of two thirds
of the counties of this State, contain the signatures of a number
of the registered voters residing in the county equal to at least
ten percent of all of the votes cast for the office of Governor
in the county in the most recent quadrennial election preceding
the filing of the petition.
The Legislature shall further provide that, to be valid, the
referendum petition must be filed with the proper official within
a certain period, not less than ninety days in length, after the
date the statute, ordinance or other legislation the rejection of
which the circulators of the referendum petition are seeking was
enacted or ordained. The Legislature shall further provide that
within a certain period, not more than thirty days in length,
after the filing of a referendum petition with the proper
official, the official shall certify the petition if it has been
prepared, circulated, signed and filed in compliance with
applicable law. If the petition is so certified, the statute,
ordinance or other legislation, or part thereof, the rejection of
which is being sought, shall be immediately suspended until ithas been approved or rejected at a referendum election, unless
the legislation was enacted, with a recorded vote reflecting the
yeas and nays, by at least two thirds of the members voting on
the issue in each legislative body the approval of which was
required for passage. If a referendum petition is filed against
part of a statute or other legislation, the remainder may not be
delayed from going into effect.
Notwithstanding any other provision of this section to the
contrary, the power of referendum may not be exercised in an
attempt to reject those portions of an act or ordinance which
appropriate public funds or call an election.
A statute or any other legislation, or portion thereof,
proposed through the filing of a proper initiative petition, or
suspended through the filing of a proper referendum petition,
takes effect on the date that it is approved by the voters unless
the approved measure provides otherwise. If the provisions of
two or more measures approved by the voters at the same election
are in conflict, the provisions of the measure receiving the
highest number of affirmative votes prevails unless one measure
is by law subordinate to the other. If an amendment to this
Constitution and a statute are both approved by the voters at the
same election, the amendment prevails in any case of conflict.
The Legislature may amend or repeal any statute approved at
an initiative election or referendum election. Any amendment to
this Constitution approved at an initiative election may only beamended or repealed in the manner set forth in this section or in
the manner set forth in article fourteen of this Constitution.
The Legislature shall further provide for procedures
relating to the preparation, circulation and filing of initiative
petitions and referendum petitions, to the verification of
signatures thereon, to the certification of such petitions, and
to the conduct of initiative elections and referendum elections.
The Legislature shall provide that proposed statutes set forth in
initiative petitions comply with the requirements of section
thirty, article six of this Constitution. The Legislature shall,
with such exceptions as it may deem prudent, enact legislation to
encourage holding initiative elections and referendum elections
on regularly scheduled election days and to discourage holding
special initiative elections and special referendum elections.
The Legislature may enact legislation to allow initiative
elections and referendum elections involving municipalities to be
held in conjunction with regularly scheduled elections involving
state and county officials.
The Legislature shall, by general law, provide for the
disclosure of contributions and expenditures relating to
initiative elections and referendum elections and may enact other
provisions to guarantee the integrity of initiative elections and
referendum elections.
The authority granted to the Legislature in this section may
not be construed in any way as a restriction on the right of thepeople of West Virginia to petition their government.
This section may not be construed to preempt or to repeal
existing or future provisions of municipal charters which reserve
to municipal voters additional initiative and referendum powers.
This section is to be liberally construed to ensure that the
power of the people of West Virginia to propose, and to accept or
reject, laws is not undermined by a system of overly complicated
procedures.
§2. Recall; definitions, scope, limitations.
Notwithstanding the provisions of section six, article four
of this Constitution, the people of West Virginia reserve the
power of recall. Subject to the restrictions set forth in this
section, the power of recall is the power of registered voters,
through the use of a petition procedure established in this
section, and governed by general law not in conflict therewith,
to propose the removal of any individual occupying any elective
public office in West Virginia at any governmental level in West
Virginia, and, at a regularly scheduled general or primary
election held less than two years after the filing of a proper
petition, to remove said individual from said office by a simple
majority of the votes cast on the issue.
Subject to the provisions of this paragraph, any individual
who is so recalled is ineligible to be elected or appointed to
serve any unexpired portion of his or her term of office in that
position or in a functionally equivalent elective public officein the same electoral district, or in another electoral district
covering exactly the same territory, during the unexpired term of
the office: Provided, That the period of such ineligibility
during an unexpired term of office shall not exceed four years.
The vacancy in the office theretofore held by the recalled
official shall be filled expeditiously in the manner provided by
law for filling a vacancy arising from a resignation from that
office.
The Legislature shall, by general law in accordance with
this section, provide for the recall of all public officials
occupying elective offices. The Legislature shall further
provide that, to initiate a recall election pursuant to this
section, a petition, including all copies thereof, to recall a
public official occupying an elective office must contain the
signatures of a number of the registered voters residing in the
electoral district in and for which the official was elected, or
appointed, equal to forty percent of the votes cast for the
candidate who received the highest number of votes for the office
in the election at which the public official, if elected, was
elected, or if the public official was appointed, in the election
at which the public official's immediate elected predecessor was
elected.
No individual occupying an elective public office may be
subjected to a recall election held less than one year before the
end of his or her regular legislatively established term ofoffice. Nor may any such individual be subjected to more than
one recall election during a particular term of office which he
or she has served without interruption.
The Legislature shall further provide for procedures
relating to the preparation, circulation and filing of recall
petitions, to the verification of signatures thereon, to the
certification of such petitions, to the conduct of recall
elections, and to the status, prior to a recall election, of a
public official whose recall is sought. With respect to most
public offices, the Legislature shall enact legislation to
encourage holding recall elections on regularly scheduled
election days and to discourage holding special recall elections.
The Legislature may enact legislation to allow recall elections
involving municipal officials to be held in conjunction with
regularly scheduled elections involving state and county
officials.
The Legislature may, but is not required to, provide by
general law that a petition for recall set forth the reason or
reasons that recall is sought and may further provide for the
ability of the public official whose recall is sought to set
forth, in a similar fashion, justification for his or her conduct
in office. In any event, the sufficiency or accuracy of any such
statement of reasons or justification shall, for the purposes of
the recall election, be deemed to be a political, rather than a
judicial, question.
The Legislature shall, by general law, provide for the
disclosure of contributions and expenditures relating to recall
elections and may enact other provisions designed to guarantee
the integrity of recall elections.
The authority granted to the Legislature in this section may
not be construed in any way as a restriction on the right of the
people of West Virginia to petition their government.
This section may not be construed to preempt or to repeal
existing or future provisions of municipal charters which reserve
to municipal voters additional recall powers. Nor may this
section be construed to authorize an individual to be subjected
to a recall election during the term of office which that
individual began serving prior to the date upon which this
section was ratified.
This section is to be liberally construed to ensure that the
power of the people of West Virginia to recall their elective
public officials is not undermined by a system of overly
complicated procedures.
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 "Initiative, Referendum and Recall Amendment" and the purpose
of the proposed amendment is summarized as follows: "To amend
the State Constitution to enable the people of the State of WestVirginia to reserve to themselves the powers of initiative,
referendum and recall, to enable the people to propose laws and
constitutional amendments, to attempt to reject statutes enacted
by legislative bodies, and to recall elected officials, all
through the circulation and filing of petitions and through
elections held thereon."
NOTE: The purpose of this resolution is to amend the State
Constitution to give the people the powers of initiative,
referendum and recall.
Strike-throughs indicate language that would be stricken
from the present Constitution, and underscoring indicates new
language that would be added.
Article XV is new; therefore, strike-throughs and
underscoring have been omitted.