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HJR 26

Change the Sheriff term limits from 2 consecutive terms to 3 consecutive terms

2026 Regular Session Introduced by Eric Brooks and 8 co-sponsors

Allows sheriffs to serve up to three consecutive terms (instead of two).

To House Judiciary
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Bill Summary · HJR 26

Overview

  • Bill: HJR 26 (2026 Session, West Virginia)
  • Type: House Joint Resolution proposing a constitutional amendment
  • Introduced: January 27, 2026
  • Purpose: Change sheriff term limits from two consecutive terms to three consecutive terms
  • Route: Requires ratification by voters at the 2026 general election if approved by two-thirds of both houses

What the bill would do

  • Amend Article IX, Section 3 of the West Virginia Constitution (County Organization) to alter sheriff term limits.
  • Current provision (as suggested by the bill text) would be replaced to allow a person to serve up to three consecutive terms as sheriff.
  • Specific language changes (highlights):
    • Replaces the phrase allowing “two consecutive terms” with “three consecutive terms.”
    • Clarifies eligibility windows around the end of terms, including transitional language for current sheriffs:
    • A person who has held office for all or part of two three consecutive terms would be ineligible for the sheriff’s office during any part of the term immediately following the second third of the two three consecutive terms.
    • The current officeholder at the time of ratification may continue serving through the term they are then serving (i.e., cannot be prevented from continuing into the term immediately after their current term).

Key provisions and changes

  • Term limits:
    • Before amendment: Sheriff could serve up to two consecutive terms.
    • After amendment (if ratified): Sheriff could serve up to three consecutive terms.
  • Transitional/ratification details:
    • The amendment would become effective only upon ratification by voters in the next general election (2026).
    • Transitional language is provided to protect current officeholders through the term they are serving at the time of ratification.
  • designation:
    • The proposed amendment is to be numbered “Amendment 1” and designated the “Sheriff Term Limits Amendment.”
    • The summarized purpose statement explicitly notes the change to permit three consecutive terms.

Who would be affected

  • Elected sheriffs in West Virginia and those serving as sheriff at the time of ratification.
  • Voters in West Virginia, who would decide at the 2026 general election whether to adopt the amendment.
  • County governments and related law enforcement offices, which would operate under the three-term limit if the amendment passes.

Procedural and timeline aspects

  • Introduction and referral:
    • Introduced January 27, 2026; referred to the House Judiciary committee.
  • Approval path:
    • Must be approved by two-thirds of both houses of the West Virginia Legislature to proceed to the ballot.
    • If approved by the Legislature, the question will be submitted to voters at the 2026 general election.
  • Designation and labeling:
    • Named “Amendment 1,” titled the “Sheriff Term Limits Amendment.”
  • Summary statement:
    • Purpose summarized as: “Permit a person to serve as sheriff for three consecutive terms.”

Potential considerations (non-exhaustive)

  • Governance impact:
    • Longer potential tenure for sheriffs may influence continuity, policy implementation, and resistance to turnover in county law enforcement leadership.
  • Accountability and elections:
    • Increased term length before a mandatory limit could affect accountability cycles and voter influence on sheriff leadership.
  • Transitional protections:
    • The current officeholder protections in the transition could affect immediate political dynamics at the county level after ratification.

If you’d like, I can provide a side-by-side comparison of the current constitutional language versus the proposed language, or outline potential fiscal and public safety implications based on county-level data.

Compiled from official sources — confirm details with the bill’s official record.

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