HOUSE JOINT RESOLUTION NO. 20
(By Delegates Butcher, Reynolds, Hatfield,
Guthrie, Skaff, Stephens, Stowers, Eldridge,
Argento, Swartzmiller and Caputo)
[Introduced January 13, 2010; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, repealing section three, article IX thereof,
relating to sheriffs serving more than two consecutive terms;
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 ten, which proposed amendment is that section
three, article IX thereof be repealed, to read as follows:
ARTICLE IX
§ 3. Sheriffs
A person who has been elected or who has served as a sheriff
during all or any part of two consecutive terms shall be ineligible for the office of sheriff during any part of the term immediately
following the second of the two consecutive terms. The person
holding the office of sheriff when this section is ratified shall
not be prevented from holding the office of sheriff during the term
immediately following the term he is 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 "Repeal The Two Consecutive Term
Limitation for Sheriffs Amendment" and the purpose of the proposed
amendment is summarized as follows: "To repeal section three,
Article IX of the state Constitution which provides that a person
who has been elected or who has served as a sheriff during all or
any part of two consecutive terms shall be ineligible for the
office of sheriff during any part of the term immediately following
the second of the two consecutive terms, and that the person
holding the office of sheriff when this section is ratified shall
not be prevented from holding the office of sheriff during the term
immediately following the term he or she is serving."
NOTE: This joint resolution would allow sheriffs to serve more
than two consecutive terms in office.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.