HOUSE JOINT RESOLUTION NO. 11
(By Delegates Doyle, Rodighiero, Eldridge and Moye)
[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, amending section twenty-four, article VI thereof,
relating to the procedure for appointing a member when
necessary to replace an elected or appointed member;
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
twenty-four, article VI thereof be amended, to read as follows:
ARTICLE VI. THE LEGISLATURE.
§24. Rules governing legislative proceedings.
A majority of the members elected to each House of the
Legislature shall constitute a quorum. But a smaller number may
adjourn from day to day, and shall be authorized to compel the
attendance of absent members, as each House may provide. Each
House shall determine the rules of its proceedings and be the judge
of the elections, returns and qualifications of its own members.
When it becomes necessary to replace an elected or appointed
member of either House, the appointment shall be as follows: (1)
The chairman of the state political party of the former member
shall immediately, but not later than two days after notice, call
a political party convention of the members of the political party
in the district of the former member; (2) the district political
party convention shall convene not later than sixty days after the
call and elect a member to replace the former member if the
Legislature is not in session: Provided, That if the Legislature
is in session, or called into session, the district political party
convention shall be held within five days of the call; and (3) if
the former member did not belong to a registered political party,
the member replacing the former member shall be appointed by
majority vote of the House in which the former member served taking
into consideration the recommendations of the other members, if
any, representing the district. The appointment shall be made not
later than five days after it is determined that a former member is to be replaced if the Legislature is in session or upon the
convening of the next regular or special session if the Legislature
is not in session.
The Senate shall choose, from its own body, a
president; and the House of Delegates, from its own body, a
Speaker. Each House shall appoint its own officers, and remove
them at pleasure. The oldest delegate in point of continuous
service present at the assembly of the Legislature at which
officers thereof are to be selected, and if there be two or more
such delegates with equal continuous service the one agreed upon by
such delegates or chosen by such delegates by lot, shall call the
House to order, and preside over it until the Speaker thereof shall
have been chosen, and have taken his seat. The oldest member of
the Senate in point of continuous service present at the assembly
of the Legislature at which officers thereof are to be selected,
and if there be two or more such members with equal continuous
service the one agreed upon by such members or chosen by such
members by lot, shall call the Senate to order, and preside over
the same until a president of the Senate shall have been chosen,
and have taken his or her seat.
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 "Legislator Replacement Amendment," and the purpose of the proposed amendment is summarized as follows: "To amend section
twenty-four, article VI of the State Constitution to provide for a
procedure when it becomes necessary to replace an elected or
appointed member of the House of Delegates or the Senate."
NOTE: The purpose of this Joint Resolution is to amend the
Constitution to provide a constitutional procedure for the
appointment of a member of the Legislature to replace a former
member.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.