HOUSE JOINT RESOLUTION NO. 13
(By Delegates Kuhn, Collins, Heck,
Willison, Given, Everson and Willis)
(Introduced March 7, 1997; referred to the
Committee on Constitutional Revision.)
Proposing an amendment to the Constitution of the State of West
Virginia, amending section ten, article nine thereof,
relating to elections of county commissioners; and providing
that a sitting commissioner who files to run for another
elected office must resign from the office of county
commissioner; 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 ten, article nine
thereof be amended and reenacted, to read as follows:
ARTICLE IX. COUNTY ORGANIZATION.
§10. Terms of office of county commissioners.
The commissioners shall be elected by the voters of the
county, and hold their office for a term of six years, except
that at the first meeting of
said the commissioners they shall
designate by lot, or otherwise in
such the manner as they may
determine, one of their number, who shall hold his
or her office
for a term of two years, one for four years, and one for six
years, so that one shall be elected every two years; but no two
of
said the commissioners shall be elected from the same
magisterial district. If two or more persons residing in the
same district shall receive the greater number of votes cast at
any election, then only the one of
such the persons receiving the
highest number shall be declared elected, and the person living
in another district, who shall receive the next highest number of
votes, shall be declared elected.
Said The commissioners shall
annually elect one of their number as president. The
commissioners of
said the commissions, now in office, shall
remain therein for the term for which they have been elected,
unless sooner removed therefrom, in the manner prescribed by law.
A commissioner may not file to run for another elected office
without resigning from the office of county commissioner.
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 "County Commissioner Amendment" and the purpose of the
proposed amendment is summarized as follows: "The purpose of
this amendment is to require county commissioners who file to run
for another elected office to resign the office of county
commissioner."
NOTE: The purpose of this Joint Resolution is to propose an
amendment to the state constitution that requires county
commissioners who file to run for another elected office to
resign the office of county commissioner.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.