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Introduced Version House Joint Resolution 32 History

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HOUSE JOINT RESOLUTION NO.32

(By Delegates Reynolds, Stowers, Campbell, Eldridge, R. Phillips, Tomblin, E. Nelson, Andes, Craig, White and P. Smith)


[Introduced March 13, 2013; referred to the Committee on Constitutional Revision then the Judiciary.]

 

 

 

Proposing an amendment to the Constitution of the State of West Virginia, amending sections four and sixteen, article VII thereof, all relating to how a vacancy in the governorship is filled and that a person filling that vacancy is eligible to serve two consecutive elected terms; 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 2014, which proposed amendment is that sections four and sixteen, article VII thereof be amended, to read as follows:

ARTICLE VII. EXECUTIVE DEPARTMENT.

§7-4. Eligibility.

    None of the executive officers mentioned in this article shall hold any other office during the term of his service. A person who has been elected or who and has served as Governor during all or any part of two consecutive terms shall be ineligible for the office of Governor during any part of the term immediately following the second of the two consecutive terms. The person holding the office of Governor when this section is ratified shall not be prevented from holding the office of Governor during the term immediately following the term he is then serving.

§16. Vacancy in governorship, how filled.

    In case of the death, conviction on impeachment, failure to qualify, resignation, or other disability of the Governor, the President of the Senate shall act as Governor for the remainder of the term or until the vacancy is filled, or the disability removed; and if the President of the Senate, for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House of Delegates, who shall act as Governor for the remainder of the term or until the vacancy is filled, or the disability removed ; and in all other cases where there is no one to act as Governor until the vacancy is filled, or the disability removed , one shall be chosen by joint vote of the Legislature. Whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy.

    Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Governor Succession Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the State Constitution to determine the Governor’s succession by establishing that the President of the Senate or the next person in line shall act as Governor until the vacancy is filled, or the disability removed, and that the person serving that partial term as Governor is not precluded from holding two successive elected terms as Governor.”



    NOTE: The purpose of this resolution is to amend the State Constitution to determine the Governor’s succession by establishing that the President of the Senate or the next person in line shall act as Governor until the vacancy is filled, or the disability removed. The resolution also permits that person to also serve two successive elected terms as Governor.


    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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