SENATE JOINT RESOLUTION NO. 5
(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:
ARTICLE VI. THE LEGISLATURE.
§13. Eligibility to seat in Legislature.
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.
In addition to any qualifications, prohibitions or
restrictions set forth elsewhere in this Constitution, the
Legislature shall, as sole judge of the qualifications of its
members, determine the eligibility of a person to a seat in the
Legislature in accordance with the provisions of this section.
Subsection A -- Ineligibility.
No person is eligible to a seat in the Legislature who:
(1) Exercises the powers of either the executive or the
judicial department of this state by virtue of his or her
election or appointment to a lucrative office under this state;
or is the dean of a university, the head of a college or
university department, or a county school superintendent:
Provided, That a person who is a faculty member of an institution
of higher education of this state may not, because of that fact
only, be deemed to be a member of a class of persons exercising
the powers of the executive department of this state;
(2) Exercises the powers of the federal government by virtue
of his or her election or appointment to a lucrative office under
the government of the United States: Provided, That a person
holding a commission in the military reserves of the United States or the national guard of this state may not, because of
that fact only, be deemed to hold an appointment to a lucrative
office under the government of the United States;
(3) Holds any lucrative office or employment under any
foreign government; or
(4) Is an officer of a county government or other political
subdivision of this state whose office is created by this
Constitution.
Subsection B -- Exception to restriction
against holding lucrative office.
A person who holds a position of mere public employment
under this state subject to the supervision and policy direction
of a public officer, and who does not exercise a portion of state
sovereign power, may not be deemed to hold an appointment to a
lucrative office.
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 "Legislative Eligibility Amendment" and the purpose of the
proposed amendment is summarized as follows: "To clarify who is
prohibited from election to the Legislature and to clarify that
a faculty member of an institution of higher learning, a member of the national gGuard or reserves or a person who holds a
position of mere public employment under this state and who does
not exercise a portion of state sovereign power may be eligible
to run for and hold a seat in the Legislature."
NOTE: The purpose of this joint resolution is to amend this
state constitution to permit certain higher education faculty
members and members of the National Guard or reserves to run for
and be elected to the Legislature.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.