SENATE CONCURRENT RESOLUTION NO. 8
(By Senator Snyder)
Requesting the Joint Committee on Government and Finance study
issues implicated in gubernatorial succession when a vacancy
in the office of Governor occurs due to death, conviction on
impeachment, failure to qualify, resignation or other
disability.
Whereas, The West Virginia Constitution provides in Article
VII, Section 16:
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 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; and in all
other cases where there is no one to act as governor, 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; and
Whereas, Situations may arise where additional constitutional
or statutory procedures may be needed or useful in providing a
smooth transition in case of a vacancy in the office of Governor;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study issues implicated in gubernatorial succession
when a vacancy in the office of Governor occurs due to death,
conviction on impeachment, failure to qualify, resignation or other
disability; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance