Constitutional Officer Term Limit Amendment

2026 Regular Session Introduced by Tom Takubo

Imposes a three-consecutive-term limit starting after Jan 1, 2029 for Secretary of State, State Auditor, State Treasurer, Commissioner of Agriculture, and Attorney General.

To Judiciary

#constitutionalamendments

Summary of Senate Joint Resolution 16 (2026) – West Virginia

Purpose

Proposes a constitutional amendment to limit how long individuals may serve in five statewide executive offices: Secretary of State, State Auditor, State Treasurer, Commissioner of Agriculture, and Attorney General.

Specifically, it would restrict individuals from serving more than three consecutive terms in any of these offices for terms beginning after January 1, 2029.

The amendment is designated as “Amendment 1” and is titled the Constitutional Officer Term Limit Amendment.

Key Provisions and Changes

Eligibility provision: The amendment would apply to five named executive offices (Secretary of State; State Auditor; State Treasurer; Commissioner of Agriculture; Attorney General).

Term limit: Beginning with terms that start after January 1, 2029, no individual may serve more than three consecutive terms in any of the five specified offices.

Service of a term or partial term that begins before January 1, 2029 does not count toward the limit.
Service of a term or partial term that begins after January 1, 2029 does count toward the limit.

Existing provision regarding the Governor:

The constitution currently includes a separate rule for the Governor, indicating two consecutive terms and a one-term-after-second-terms ineligibility, with a specific protection for the governor in office at the time of ratification.
This bill does not alter the Governor’s term-limit provisions; it only adds the three-term limit for the five other executive offices listed.

Who Would Be Affected

Individuals holding or seeking the following offices:

Secretary of State
State Auditor
State Treasurer
Commissioner of Agriculture
Attorney General

The term-limit clock would start for terms beginning after January 1, 2029; earlier terms would not count toward the limit.

Procedural and Timeline Aspects

Legislative process: Introduced in the Senate by Senator Takubo; referred to the Judiciary Committee and then to the Finance Committee.

Constitutional route: The measure is a proposed constitutional amendment, requiring approval by two-thirds of both houses of the West Virginia Legislature and ratification by voters.

Ballot timing: If advanced, the question would be placed on the statewide ballot at the next general election in 2026 for ratification by voters (as stated in the proposal).

Designation: Labeled as Amendment 1 to the Constitution of West Virginia, with a summarized purpose included.

Practical Implications

Aims to diversify leadership and create turnover in the five specified constitutional offices.

Creates a clear, time-based limit that could influence candidate pipelines, governance strategies, and succession planning for these offices.

The Governor’s term-limit framework remains separate and unaffected by this amendment.

If you’d like, I can provide a side-by-side comparison with the current term-limit rules for all statewide offices or outline potential fiscal or administrative implications of implementing the amendment.