HOUSE JOINT RESOLUTION NO. 4
(By Delegate Phillips, By Request)
(Introduced February 10, 1993; referred to the
Committee on Constitutional Revision.)
Proposing an amendment to the Constitution of the State of West
Virginia, amending section four, article one; section three,
article six; and section one, article seven of said
Constitution, relating to limiting the terms of members of
the United States House of Representatives from this State
to six consecutive terms; limiting the terms of members of
the United States Senate to two consecutive terms; limiting
the terms of members of the State Senate to three
consecutive terms; limiting the terms of members to the
House of Delegates to six consecutive terms; and limiting
the secretary of state, auditor, treasurer, attorney general
and commissioner of agriculture to two consecutive terms of
office; 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 one thousand nine hundred ninety-four,which proposed amendment is that section four, article one;
section three, article six; and section one, article seven
thereof, be amended to read as follows:
ARTICLE I. RELATIONS TO THE GOVERNMENT OF THE UNITED STATES.
§4. Representatives to Congress.
For the election of representatives to members of the United
States House of Representatives in Congress, the state shall be
divided into districts, corresponding in number with the
representatives to which it may be entitled. which The districts
shall be formed of contiguous counties, and be compact. Each
district shall contain, as nearly as may be, an equal number of
population, to be determined according to the rule prescribed in
the Constitution of the United States.
A person who has been elected or who has served as a member
of the United States House of Representatives in Congress from
this state during all or any part of six consecutive terms is
ineligible for the office during any part of the term immediately
following the sixth of the six consecutive terms.
A person who has been elected or who has served as a United
States Senator from this state during all or any part of two
consecutive terms is ineligible for the office during any part of
the term immediately following the second of the two consecutive
terms.
ARTICLE VI. THE LEGISLATURE.
§3. Senators and delegates -- Terms of office.
Senators shall be elected for the term of four years, anddelegates for the term of two years; however, a person who has
been elected or who has served as senator during all or any part
of three consecutive terms is ineligible for the office of
senator during any part of the term immediately following the
third of the three consecutive terms and a person who has been
elected or who has served as delegate during all or any part of
six consecutive terms is ineligible for the office of delegate
during any part of the term immediately following the sixth of
the six consecutive terms. The senators first elected shall
divide themselves into two classes, one senator from every
district being assigned to each class; and of these classes, the
first to be designated by lot in such manner as the Senate may
determine, shall hold their seats for two years and the second
for four years, so that after the first election, one half of the
senators shall be elected biennially.
ARTICLE VII. EXECUTIVE DEPARTMENT.
§1. Executive department.
The executive department shall consist of a governor,
secretary of state, auditor, treasurer, commissioner of
agriculture and attorney general, who shall be ex officio
reporter of the court of appeals. Their terms of office shall be
four years and shall commence on the first Monday after the
second Wednesday of January next after their election; however,
a person who has been elected or who has served as secretary of
state, auditor, treasurer, commissioner of agriculture or
attorney general during all or any part of two consecutive termsis ineligible for his or her respective office during any part of
the term immediately following the second of the two consecutive
terms. They shall reside at the seat of government during their
terms of office, keep there the public records, books and papers
pertaining to their respective offices and shall perform such
duties as may be prescribed by law.
Further Resolved, 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 "Terms Limitation Amendment" and the purpose of the proposed
amendment is summarized as follows: "To amend the State
Constitution to limit the terms of members of the: (1) United
States House of Representatives; (2) United States Senate; (3)
State Legislature; and (4) Board of Public Works."
NOTE: The purpose of this resolution is to amend the State
Constitution to limit the terms of members of the: (1) House of
Representatives to six consecutive terms; (2) United States
Senate to two consecutive terms; (3) State Senate to three
consecutive terms; (4) House of Delegates to six consecutive
terms; and (5) Board of Public Works to two consecutive terms.
Strike-throughs indicate language that would be stricken
from the present constitution, and underscoring indicates new
language that would be added.