HOUSE JOINT RESOLUTION NO.10

(By Delegates Frich, Marshall, Duke,

Sobonya, Tansill, Doyle and Howard)

[Introduced March 3, 2005 ; Referred to the committee on Constitutional Revision then the Judiciary.]





Proposing an amendment to the Constitution of the State of West Virginia, amending section 13, article VI thereof, relating to eligibility for election to the Legislature; 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 two thousand six, which proposed amendment is that section 13, article VI thereof, be amended and reenacted to read as follows:
 ARTICLE VI. THE LEGISLATURE.
ยง13. 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: Provided, That a person who is a faculty member of an institution of higher education of this State is not because of that fact only, considered 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 is not, because of that fact only, considered 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 subject to the supervision and policy direction of a public officer, and who does not exercise a portion of sovereign power, is not considered to hold an appointment to a lucrative office.
Resolved further, That in accordance with the provisions of article XI, chapter 3 of the Code of West Virginia, 1931, as amended, the proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Eligibility for election to the Legislature Amendment" and the purpose of the proposed amendment is summarized as follows: "To redefine prohibitions against election to the Legislature and to clarify that a person who holds a position of mere public employment and who does not exercise a portion of sovereign power is eligible for a seat in the Legislature."


NOTE: The purpose of this joint resolution is to clarify that a person who holds a position of mere public employment and who does not exercise a portion of sovereign power is eligible to be elected to a seat in the Legislature .

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