HB 4091
Removal of elected and certain appointed officers by courts.
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill would allow a circuit court to remove elected officials and certain appointed officers from their positions under specific circumstances. Specifically, officials could be removed for neglecting a clear duty, misusing their office, demonstrating incompetence, or being convicted of certain crimes. The removal process requires a petition signed by registered voters equal to 15% of the votes cast in the last election for that office. This bill aims to provide a mechanism for courts to address misconduct or inability to perform duties by these officials.
Key provisions
- Circuit courts can petition to remove elected officials.
- Removal can occur for neglecting duties, misuse of office, or incompetence.
- Conviction of a misdemeanor is grounds for removal.
- Conviction of specific sexual offenses (sexual assault, etc.) is grounds for removal.
- The petition must be signed by registered voters equal to 15% of the last election vote.
- The petition must be filed within the jurisdiction of the court.
- Appeals must be exhausted before removal can occur.
- The bill applies to elected officers and those appointed to fill elective offices.
Who is affected
- Elected officials
- Appointed officers filling elective offices
- Circuit Courts
- Registered Voters
- Citizens of West Virginia
Notable changes
- Creates a new legal pathway for courts to remove elected and appointed officials.
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours