WEST virginia legislature

2022 regular session

Introduced

House Joint Resolution 109

By Delegate Young

[February 14, 2022]

Proposing an amendment to the Constitution of the State of West Virginia by amending section thirteen, article VI thereof, relating to eligibility to a seat in the Legislature 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 thirteen, article VI thereof, be amended to read as follows:

article vi. The legislature.

§6-13. Eligibility to seat in Legislature.

No person holding any other lucrative office or employment under this state, the United States, or any foreign government; no member of Congress; and no person who is sheriff, constable, or clerk of any court of record, shall be eligible to a seat in the Legislature: Provided, That

(a) An elected state official may be employed by a state agency, public school district, state-sponsored vocational school, or a state supported college or university prior to election. The West Virginia Ethics Commission may also provide authorization for dual-employment. No person(s) who holds elected office, is appointed by someone who holds elected office, or whose immediate supervisor is someone who is appointed by someone holding elected office shall be eligible to a seat in the Legislature. This shall also include the positions of sheriff, constable, federal employee, foreign government employee, or clerk of any court of record;

(b) The West Virginia Ethics Commission may provide authorization for dual-employment of elected state officials under the condition that the person held employment prior to election. Persons eligible for exception by the Ethics Commission shall be employed in a state agency, public school district, state-sponsored vocational school, or a state-supported college or university. This shall also include the positions of sheriff, constable, federal employee, foreign government employee, or clerk of any court of record; and

(c) Persons employed by a state agency, public school district, state-sponsored vocational school, or a state supported college or university shall not be excluded from elected office, provided the state employment precedes the date of election. This shall also include the positions of sheriff, constable, federal employee, foreign government employee, or clerk of any court of record. All cases of dual-employment are subject to consideration by the West Virginia Ethics Commission.

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 “Legislature Seat Eligibility Amendment” and the purpose of the proposed amendment is summarized as follows: “To reestablish eligibility requirements for officers and employees of the state and certain political subdivisions thereof to serve in the Legislature.”

NOTE: The purpose of this resolution is to reestablish eligibility requirements for officers and employees of the state and certain political subdivisions thereof to serve in the Legislature.

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