WEST virginia legislature

2022 regular session

Introduced

Senate Joint Resolution 5

By Senators Nelson, Baldwin, Lindsay, Martin, Karnes, Romano, Woelfel, and Smith

[Introduced January 12,2022; referred
to the Committee on the Judiciary; and then to the Committee on Finance]

Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof, relating to limiting the number of years delegates and senators may serve; 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 2022, which proposed amendment is that section three, article VI thereof, be amended to read as follows:

ARTICLE VI.  THE LEGISLATURE.

§3.  Senators and delegates -- Terms of office.

(a) Senators shall be elected for the term of four years, and delegates for the term of two or four years, pursuant to subsection (c) of this section.

(b) The senators first elected, shall divide themselves into two classes, one senator from every district being assigned to each class; and of these classes, the first to be designated by lot in such manner as the Senate may determine, shall hold their seats for two years and the second for four years, so that after the first election, one half of the senators shall be elected biennially.

(c) Beginning with the 2024 election, the electoral districts comprising the House of Delegates shall be divided into two classes, odd numbered districts and even number districts.  Prior to the filing period, the Secretary of State shall hold a public coin flip to determine which class will run and hold their seats for two years and which class will run and hold their seats for four years, so that for the 2024 election, one half of the Delegates shall be elected for a term of two years and the other half of the Delegates shall be elected for a term of four years.  Each subsequent election after 2024, half of the Delegates will be elected for terms of four years.

(d) A person who has served as a Senator or Delegate during all or any part of twelve consecutive years shall be ineligible for the office of Senator or Delegate during any part of the term immediately following the twelfth consecutive year. A Senator or Delegate, holding office in 2024, who has served for a period of twelve or more consecutive years, may not be prevented from holding that office during the term immediately following the term then serving.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Limiting the Terms of Members of the House of Delegates and Senate Amendment” and the purpose of the proposed amendment is summarized as follows:  “To limit the number of years a member of the House of Delegates or Senate may serve.”

NOTE: The purpose of this resolution is to propose an amendment to the Constitution that authorizes the method by which one-house of the House of Delegates can be elected every four years and to limit the number of years a delegate may serve.

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