Introduced Version
House Bill 2845 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2845
(By Delegates Armstead, Cowles, Faircloth, Rowan, Howell,
Frich, Ellem, Anderson, Border, Hamilton and Cooper)
[Introduced March 6, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §6-5-5 of the Code of West Virginia,
1931, as amended, relating to matters affecting the right to
hold office; and the disqualification of persons convicted of
treason, felony or bribery from holding public office.
Be it enacted by the Legislature of West Virginia:
That §6-5-5 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 5. TERMS OF OFFICE; MATTERS AFFECTING THE RIGHT TO HOLD
OFFICE.
§6-5-5. Disqualification by conviction of treason, felony or
bribery.
(a) The Legislature finds that the holding of an elective
office is a public trust and that the integrity and honesty of
those elected to serve the citizens of West Virginia in an elective
office at all levels is a paramount concern and is essential for
the maintenance of the confidence of our citizens in the operation of an effective representative government. The State of West
Virginia has a compelling interest in advancing and maintaining
confidence in the integrity and honesty of those holding elective
office and ensuring that the electoral process of the state
promotes this goal.
__(1) Section 1, Article IV of the Constitution of West Virginia
clearly reflects the intent of the framers to ensure that those who
demonstrate a total disregard for the laws of our state by
treasonous or felonious conduct or bribery during an election
forfeit their rights to participate as a voter in the electoral
process.
__(2) The interest of the State of West Virginia in ensuring
that those convicted of treason, felony or bribery in an election
are not elevated to positions of trust and confidence as elected
officials is even more crucial and compelling than the interest of
the state in ensuring that those who engage in that conduct not be
permitted to vote.______
__(b) In order to advance the compelling state interest of
promoting and strengthening the faith and confidence of the people
of this state in their elected officials by preventing those who
have demonstrated an utter disregard for the law from seeking and
obtaining positions of trust as elected officials, no person
convicted of treason, felony or bribery in any election, before any
court in or out of this state, shall, while such unless the conviction remains unreversed, be has been either overturned or the
person has been pardoned of the offense, is eligible to be elected
or appointed to or to serve in any office under the laws of this
state; and, if any person, while holding such the office, be is so
convicted, the office shall be thereby vacated.
NOTE: The purpose of this bill is to ensure that persons
convicted of felony, treason and bribery in an election are not
allowed to run for any elective office, nor hold any appointive
office.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.