(By Senator Hunter)

[Introduced January 14, 1998; referred to the

Committee on the Judiciary.]

Proposing an amendment to the Constitution of the State of West Virginia, amending section thirteen, article six thereof, relating to the eligibility of citizens of the state to elected public 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-eight, which proposed amendment is that section thirteen, article six thereof be amended to read as follows:
§13. Eligibility to hold an elected public office.
No person holding any other lucrative office or employment under this state, the United States, or any foreign government, no member of Congress; and no person who is sheriff, constable, or clerk of any court of record, shall be eligible to a seat in the Legislature.
Every citizen of this State entitled to vote therein, except a member of Congress, sheriff or clerk of a court of record, shall be eligible for election to any state, county or municipal office, and shall may not be denied such eligibility by reason of employment under the United States of America, this State, or any subdivision, county or municipality thereof, but such the citizen shall may not hold more than one elected or appointed office, established under this Constitution or general law, in the executive, judicial or legislative branches of state government.
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 "Fair and Equal Citizenship Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the Constitution of West Virginia to remove the prohibition against election to state, county and municipal public office of employees of federal, state and local government."

NOTE: The purpose of this resolution relates to amending the Constitution to remove certain prohibitions on election to public office of employees of federal, state and local government except a member of Congress, sheriff or clerk of a court. The amendment also prohibits any person from holding more than a single elected or appointed office in the executive, legislative or judicial branches of state government.

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