2012R1788S
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SENATE JOINT RESOLUTION NO. 8
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(By Senators Kessler (Mr. President) and Hall,
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By Request of the Executive)
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_________
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[Introduced January 25, 2012; referred to the Committee on the
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Judiciary; and then to the Committee on Finance.]
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_________
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10 Proposing an amendment to the Constitution of the State of West
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Virginia, amending section 4, article IV; section 1, article
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VII; section 2, article VII; section 3, article VII; section
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4, article VII; and section 16, article VII thereof, all
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relating to the creation of the Office of Lieutenant Governor
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in the executive department; joint election of Governor and
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Lieutenant
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Lieutenant Governor and the filling of a vacancy in the Office
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of
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proposed amendment; and providing a summarized statement of
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the purpose of such proposed amendment.
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Resolved by the Legislature of West Virginia, two thirds of
Governor;
Lieutenant
succession
Governor;
of
numbering
the
and
Governor
by
designating
the
such
22 the members elected to each house agreeing thereto:
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That the question of ratification or rejection of an amendment
24 to the Constitution of the State of West Virginia be submitted to
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1 the voters of the state at the next general election to be held in
2 the year 2012, which proposed amendment is that section 4, article
3 IV; section 1, article VII; section 2, article VII; section 3,
4 article VII; section 4, article VII; and section 16, article VII
5 thereof be amended, all to read as follows:
6 ARTICLE IV.
ELECTIONS AND OFFICERS.
7 §4.
Persons Entitled to Hold Office - Age Requirements.
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No person, except citizens entitled to vote, shall be elected
9 or appointed to any state, county or municipal office; but the
10 governor, lieutenant governor and judges must have attained the age
11 of thirty years, and the attorney general and senators the age of
12 twenty-five years, at the beginning of their respective terms of
13 service; and must have been citizens of the state for five years
14 next preceding their election or appointment. or be citizens at the
15 time this constitution goes into operation
16 ARTICLE VII.
EXECUTIVE DEPARTMENT
17 §1.
Executive Department.
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The
19 lieutenant
executive
governor,
department
shall
secretary
of
consist
state,
of
a
auditor,
governor,
treasurer,
20 commissioner of agriculture and attorney general, who shall be ex
21 officio reporter of the supreme court of appeals.
Their terms of
22 office shall be four years and shall commence on the first Monday
23 after the second Wednesday of January next after their election.
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1 They shall reside at the seat of government during their terms of
2 office, keep there the public records, books and papers pertaining
3 to their respective offices and shall perform such duties as may be
4 prescribed by law:
Provided, That the lieutenant governor, when
5 not exercising the powers and performing the duties of the office
6 of governor as provided in section sixteen, article seven hereof,
7 shall serve as head of an executive department or division as
8 designated by the governor, and shall have such other duties as may
9 be prescribed by the governor.
10 §2.
Election.
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An election for governor, lieutenant governor, secretary of
12 state, auditor, treasurer, commissioner of agriculture and attorney
13 general shall be held at such times and places as may be prescribed
14 by law.
The governor and lieutenant governor shall be nominated
15 and elected jointly and for concurrent terms with voters casting a
16 single vote for both offices. As used in this section, “nominated”
17 shall
mean
by
primary,
convention,
petition,
or
any
other
18 nominating procedure provided by law applicable to the various
19 political parties and citizens having no party organization.
20 §3.
Certification of Election Returns - Contests.
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The returns of every election for the above named officers
22 shall be sealed up and transmitted by the returning officers to the
23 secretary of state, directed “to the speaker of the House of
24 Delegates,” who shall, immediately after the organization of the
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1 House, and before proceeding to business, open and publish the
2 same, in the presence of a majority of the members elected to each
3 house of the Legislature, who shall for that purpose assemble in
4 the hall of the House of Delegates.
The person persons having the
5 highest number of votes for either of said offices, shall be
6 declared duly elected thereto; but if two or more joint candidates
7 for governor and lieutenant governor or if two or more candidates
8 for
secretary
of
state,
auditor,
treasurer,
commissioner
of
9 agriculture or attorney general have an equal and the highest
10 number of votes for the same office, the Legislature shall, by
11 joint vote, choose one of such persons for said office one of the
12 sets of joint candidates for the offices of governor and lieutenant
13 governor and one of the candidates for each of the other said
14 offices, as applicable, in the manner in which they ran for
15 election.
Contested combined elections for the office offices of
16 governor and lieutenant governor shall be determined by both houses
17 of the Legislature by joint vote of the Legislature, in such manner
18 as may be prescribed by law, and the joint vote shall be cast for
19 sets of candidates in the manner in which they ran for election.
20 The term “joint vote” as used in this section shall mean a vote of
21 a majority of the members elected to both houses of the Legislature
22 assembled in the hall of the House of Delegates.
23 §4.
Eligibility.
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None of the executive officers mentioned in this article,
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1 except the lieutenant governor as provided in section sixteen,
2 article seven hereof, shall hold any other office during the term
3 of his service.
4 as
governor,
A person who has been elected to or who has served
as
opposed
to
only
exercising
the
powers
and
5 performing the duties of that office, during all or any part of two
6 consecutive four-year terms shall be ineligible for the office of
7 governor during any part of the term immediately following the
8 second of the two consecutive terms. The person holding the office
9 of governor when the amendments to this section is are ratified
10 shall not be prevented from holding the office of governor during
11 the term immediately following the term he or she is then serving.
12 §16.
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Vacancy of Governorship, How Filled Vacancies in Office of
Governor and Lieutenant Governor.
In case of the death, conviction on impeachment, failure to
15 qualify, removal from office, or resignation or other disability of
16 the governor, the lieutenant governor shall take the oath of office
17 of governor, shall resign the office of lieutenant governor, and
18 shall become governor for the remainder of the unexpired term.
19 Whenever the governor transmits to the presiding officers in both
20 houses his or her written declaration that he or she is unable to
21 exercise the powers and perform the duties of his or her office,
22 and until he or she transmits to them a written declaration to the
23 contrary, the lieutenant governor shall exercise the powers and
24 perform the duties of the office of governor.
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In all other cases
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1 when the governor becomes unable to exercise the powers and perform
2 the duties of the office of governor, the lieutenant governor
3 president of the Senate shall act as exercise the powers and
4 perform the duties of the office of governor until the vacancy is
5 filled, or the disability inability is removed or the term expires,
6 whichever first occurs. and if the president of the Senate, for any
7 of the above named causes, shall become incapable of performing the
8 duties of governor, the same shall devolve upon the speaker of the
9 House of Delegates; and in all other cases where there is no one to
10 act
as
governor,
11 Legislature.
one
shall
be
chosen
by
joint
vote
of
the
Whenever a vacancy shall occur in the office of
12 governor before the first three years of the term shall have
13 expired, a new election for governor shall take place to fill the
14 vacancy The Legislature shall establish procedures for determining
15 whether the governor is unable to exercise the powers and perform
16 the duties of the office of governor and when or if he or she is
17 able to resume those powers and duties.
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If the governor becomes unable to exercise the powers and
19 perform the duties of the office of governor and does not transmit
20 his or her written declaration of inability as provided herein, a
21 majority of the lieutenant governor, secretary of state, auditor,
22 treasurer,
commissioner
of
agriculture,
attorney
general,
and
23 superintendent of free schools shall transmit to the presiding
24 officers in both houses their written declaration that the governor
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1 is unable to exercise the powers and perform the duties of his or
2 her office.
Upon receipt of the written declaration by the
3 presiding officers in both houses, the lieutenant governor shall
4 immediately begin exercising the powers and performing the duties
5 of the office of governor. Thereafter, when the governor transmits
6 to the presiding officers in both houses his or her written
7 declaration that no inability exists, he or she shall resume
8 exercising the powers and performing duties of the office of
9 governor unless a majority of the lieutenant governor, secretary of
10 state, auditor, treasurer, commissioner of agriculture, attorney
11 general, and superintendent of free schools transmits within four
12 days to
the
presiding officers
in
both houses
their written
13 declaration that the governor is unable to exercise the powers and
14 perform
the
duties
of
his
or
her
office.
Thereupon,
the
15 Legislature shall decide the governor’s ability to exercise the
16 powers and perform the duties of his or her office.
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If the Legislature is not in session, the lieutenant governor,
18 in exercising the powers and performing the duties of the office of
19 governor,
shall
by
proclamation,
in
accordance
with
section
20 nineteen, article six hereof, convene the Legislature, within five
21 days
after
transmittal
of
the
latter
written
declaration
of
22 inability to the presiding officers in both houses, for the sole
23 purpose of deciding the governor’s ability to exercise the powers
24 and perform the duties of his or her office.
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If the Legislature,
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1 within thirty days after receipt of the latter written declaration
2 of inability, or, if the Legislature is not in session, within
3 thirty
days
after
the
Legislature
is
required
to
assemble,
4 determines by at least two-thirds vote of the members elected to
5 both houses that the governor is unable to exercise the powers and
6 perform the duties of his or her office, the lieutenant governor
7 shall continue to exercise and perform the same until the inability
8 is removed or the term expires, whichever first occurs; otherwise,
9 the governor shall immediately resume the powers and duties of the
10 office of governor.
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The Legislature shall further provide by law for cases when
12 the lieutenant governor is unable to exercise the powers and
13 perform the duties of his or her office.
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In case of the death of the governor-elect, the lieutenant
15 governor-elect, at the commencement of the term of the office of
16 governor, shall take the oath of office and shall become governor
17 for the remainder of the unexpired term.
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In case of the death of the lieutenant governor-elect, it
19 shall be the duty of the governor-elect, at the commencement of the
20 term of the office of governor, to fill the office of lieutenant
21 governor by appointment for the remainder of the unexpired term.
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If the office of lieutenant governor shall become vacant
23 because the lieutenant governor has assumed the office of governor
24 following the death, conviction on impeachment, failure to qualify,
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1 removal from office, resignation of the governor, or the death of
2 the governor-elect, or because of the lieutenant governor’s death,
3 conviction on impeachment, failure to qualify, removal from office,
4 or resignation, it shall be the duty of the governor to fill the
5 office of lieutenant governor by appointment for the remainder of
6 the
unexpired
term:
Provided,
That
the
office
of
lieutenant
7 governor shall not be deemed to be vacant as a result of the
8 lieutenant governor exercising the powers and performing the duties
9 of the office of governor.
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The lieutenant governor, while exercising the powers and
11 performing the duties of the office of governor, shall be paid the
12 salary
of
the
governor
and
shall
have
the
authority
of
the
13 governor, but shall nevertheless retain the office and title of
14 lieutenant governor.
The Legislature shall establish a line of
15 succession among executive officers in the event of contemporaneous
16 vacancies in the offices of governor and lieutenant governor and in
17 the event
that
the
governor
and the
lieutenant
governor
are
18 contemporaneously unable to exercise the powers and perform the
19 duties of their respective offices.
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Resolved further, That in accordance with the provisions of
21 article eleven, chapter three of the Code of West Virginia, 1931,
22 as amended, the proposed amendment is hereby numbered “Amendment
23 No. 1”
and
designated
as
the
“Office of
Lieutenant
Governor
24 Amendment” and the purpose of the proposed amendment is summarized
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1 as follows:
“To amend the State Constitution to create the Office
2 of Lieutenant Governor in the executive department, the joint
3 election of Governor and Lieutenant Governor, the succession of the
4 Governor by the Lieutenant Governor and the filling of a vacancy in
5 the Office of Lieutenant Governor.”
NOTE: The purpose of this resolution is to provide for various
amendments to the Constitution of the State of West Virginia
creating the office of lieutenant governor in the Executive
Department; providing that the lieutenant governor serve as head of
an executive department or division as designated by the governor;
providing for the joint election of governor and lieutenant
governor; providing for a method of resolving contested joint
elections for the offices of governor and lieutenant governor;
providing for the lieutenant governor to become governor in case of
a vacancy in the office of governor; providing for the lieutenant
governor to exercise the powers and perform the duties of the
office of governor whenever the governor becomes unable to exercise
the powers and perform the duties of the office of governor; and
providing for the filling of a vacancy in the office of lieutenant
governor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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