SENATE JOINT RESOLUTION NO. 7
(By Senator Chafin)
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[Introduced January 17, 2006; referred to the Committee
on the
Judiciary.]
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Proposing an amendment to the Constitution of the State of West
Virginia, amending sections one and four, article VII thereof,
all relating to the executive department; eliminating the
succession of the Governor; providing for one term of six
years; 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
sections one and four, article VII thereof be amended, all to read
as follows:
ARTICLE VII. EXECUTIVE DEPARTMENT.
§1. Executive power; Governor's term of office.
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. 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:
Provided, That effective as of the election of two thousand eight
next following the date this provision is ratified, the term of the
office of Governor shall be one six-year term.
§4. Eligibility.
None of the executive officers mentioned in this article shall
hold any other office during the term of his or her 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: Provided, That
effective as of the election of two thousand eight next following
the date this provision is ratified, the term of the office of
Governor shall be one six-year term: Provided, however, That effective as of the election next following the date this provision
is ratified the person having served one term of six years shall be
ineligible for the office of Governor for the next succeeding term
of office. 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.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Governor Term Limit Amendment" and
the purpose of the proposed amendment is summarized as follows:
"To amend the State Constitution to limit the term of Governor to
one six-year term."
NOTE: The purpose of this resolution is to limit the term of
Governor to one six-year term.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.