Senate Bill No. 518
(By Senators Palumbo, Foster, Jenkins, Klempa, Browning and Williams)
[Introduced February 6, 2012; 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 prohibiting certain persons from being elected or appointed to positions under the laws of the State of West Virginia.
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 or perjury.
(a) No person under conviction for treason, a felony, perjury or bribery in an election may be elected or appointed to any elective office under the laws of this state and should any person, while holding such office, be so convicted, the office shall be vacated thereby.
(b) As used in this section:
(1) “Felony” means a crime punishable by incarceration for a period in excess of one year in the courts of this state, another state or the United States; and
(2) “Under Conviction” means a finding of guilt which has not been reversed, vacated or expunged by a court of competent jurisdiction or unconditionally pardoned by an executive or entity with the authority to so act.
NOTE: The purpose of this bill is to prohibit certain persons from being elected or appointed to positions under the laws of the State of West Virginia.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.