Bill Text: WV SJR11 | 2018 | Regular Session | Introduced
Bill Title: Recall Election Amendment
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-31 - To Judiciary [SJR11 Detail]
Download: West_Virginia-2018-SJR11-Introduced.html
WEST virginia legislature
2018 regular session
Introduced
Senate Joint Resolution 11
By Senators Ojeda and Rucker
[Introduced January
31, 2018; Referred
to the Committee on the Judiciary; and then to the Committee on Finance]
Proposing an amendment to the Constitution of the State of West Virginia, amending section six, article IV thereof, relating to removal of officials; authorizing the recall of any elected official for any reason; requiring the Legislature to enact laws to implement the recall procedure; 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 2018, which proposed amendment is that section six, article IV thereof be amended, to read as follows:
ARTICLE IV.
§6. Provisions for removal of officials; recall elections.
(a) All officers elected or appointed under this constitution, may, unless in cases herein otherwise provided for, be removed from office for official misconduct, incompetence, neglect of duty, or gross immorality, in such manner as may be prescribed by general laws, and unless so removed they shall continue to discharge the duties of their respective offices until their successors are elected, or appointed and qualified.
(b) Notwithstanding the provisions of subsection (a) of this section, any elected official is subject to a recall election when a petition is filed by twenty-five percent or more of the total number of voters in the most recent election filling the elected official’s position. A signature on the petition is valid if the person is, at the time of the filing of the petition, registered to vote in a precinct where the elected official’s position appeared on the ballot in the most recent election. Upon a successful petition, the recall election shall include two questions: (1) “Shall <name of the official>, <position of the official> be recalled?” followed by options to select “yes” or “no”; and (2) “If <name of the official>, <position of the official> is recalled, who shall fill the remainder of the term of office?” followed by a list of qualified candidates. The process for filing a petition, determining when the recall election will be held, becoming a qualified candidate on the recall ballot, and any other details of the recall election shall be prescribed by general laws by the Legislature during the 2019 Regular Legislative Session. If the Legislature fails to so act, the authority shall be vested in the State Elections Commission.
Resolved further, That in accordance with the provisions of §3-11-1 et seq. of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Recall Election Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the West Virginia Constitution to allow for elected officials to be recalled by petition from 25% or more eligible voters and authorizing a recall election where the official may be removed and replaced with a new eligible citizen; and requiring the Legislature to enact legislation to implement the details of the recall election or cede authority to the State Elections Commission.“
NOTE: The purpose of this resolution is to authorize recall elections in West Virginia.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
