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Introduced Version House Joint Resolution 11 History

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HOUSE JOINT RESOLUTION NO. 11


(By Delegates Doyle, Rodighiero, Eldridge and Moye)

[Introduced February 17, 2009; referred to the

Committee on Constitutional Revision then the Judiciary.]





Proposing an amendment to the Constitution of the State of West Virginia, amending section twenty-four, article VI thereof, relating to the procedure for appointing a member when necessary to replace an elected or appointed member; 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 ten, which proposed amendment is that section twenty-four, article VI thereof be amended, to read as follows:
ARTICLE VI. THE LEGISLATURE.
§24. Rules governing legislative proceedings.
A majority of the members elected to each House of the Legislature shall constitute a quorum. But a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absent members, as each House may provide. Each House shall determine the rules of its proceedings and be the judge of the elections, returns and qualifications of its own members.
When it becomes necessary to replace an elected or appointed member of either House, the appointment shall be as follows: (1) The chairman of the state political party of the former member shall immediately, but not later than two days after notice, call a political party convention of the members of the political party in the district of the former member; (2) the district political party convention shall convene not later than sixty days after the call and elect a member to replace the former member if the Legislature is not in session: Provided, That if the Legislature is in session, or called into session, the district political party convention shall be held within five days of the call; and (3) if the former member did not belong to a registered political party, the member replacing the former member shall be appointed by majority vote of the House in which the former member served taking into consideration the recommendations of the other members, if any, representing the district. The appointment shall be made not later than five days after it is determined that a former member is to be replaced if the Legislature is in session or upon the convening of the next regular or special session if the Legislature is not in session.
The Senate shall choose, from its own body, a president; and the House of Delegates, from its own body, a Speaker. Each House shall appoint its own officers, and remove them at pleasure. The oldest delegate in point of continuous service present at the assembly of the Legislature at which officers thereof are to be selected, and if there be two or more such delegates with equal continuous service the one agreed upon by such delegates or chosen by such delegates by lot, shall call the House to order, and preside over it until the Speaker thereof shall have been chosen, and have taken his seat. The oldest member of the Senate in point of continuous service present at the assembly of the Legislature at which officers thereof are to be selected, and if there be two or more such members with equal continuous service the one agreed upon by such members or chosen by such members by lot, shall call the Senate to order, and preside over the same until a president of the Senate shall have been chosen, and have taken his or her seat.
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 "Legislator Replacement Amendment," and the purpose of the proposed amendment is summarized as follows: "To amend section twenty-four, article VI of the State Constitution to provide for a procedure when it becomes necessary to replace an elected or appointed member of the House of Delegates or the Senate."


NOTE: The purpose of this Joint Resolution is to amend the Constitution to provide a constitutional procedure for the appointment of a member of the Legislature to replace a former member.

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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