HOUSE JOINT RESOLUTION NO. 4
(By Delegate Kuhn)
(Introduced February 15, 2001; referred to the Committee on
Constitutional Revision then the Judiciary.)
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 two thousand two, 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 are 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 a 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 may 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 persons person receiving
the highest number
shall be declared is elected, and the person
living in another district, who
shall receive receives the next
highest number of votes,
shall be declared is elected.
Said The
commissioners shall annually elect one of their number as
president.
The commissioners of said 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 constitution, and underscoring indicates new
language that would be added.
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