HOUSE JOINT RESOLUTION NO. 106

(By Delegate Smirl)
[Introduced February 12, 1998; referred to
the Committee on Constitutional Revision.]


Proposing an amendment to the Constitution of the State of West Virginia, amending sections one, two, four and sixteen, article seven, relating to the executive department; providing for a lieutenant governor; election at general election; eligibility; how a vacancy in governship filled; 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-eight, which proposed amendment is that sections one, two, four and sixteen, article seven thereof be amended, to read as follows:
ARTICLE VII. EXECUTIVE DEPARTMENT
§1. Executive department.
The executive department shall consist of a governor, lieutenant 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. 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.
§2. Election.
An election for governor, lieutenant governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general shall be held at such times and places as may be prescribed by law. In the case of an election for governor and lieutenant governor, the candidates for governor shall be elected in the primary election and the winners of the respective elections for the office of governor shall designate a person of the same party affiliation as lieutenant governor to run on the ticket for governor and lieutenant governor in the general election.
§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 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. The provisions of this section do not apply to a person who has served as lieutenant governor.
§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 lieutenant governor shall act as governor until the vacancy is filled, or the disability removed; and if the lieutenant governor, for any of the above named causes shall become incapable of performing the duties of 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.
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 "Lieutenant Governor Amendment," and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to provide for the election of a Lieutenant Governor and to describe the duties of that office."




NOTE: The purpose of this resolution is to provide for the election of a lieutenant governor, to be selected by the winner of the primary election for governor, and to run on the ticket for governor at the general election.

Strike-throughs indicate language that would be stricken from the Constitution, and underscoring indicates new language that would be added.