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Bill

Bill

HJR 23

Relating to removing language prohibiting sheriffs from serving more than two consecutive terms

2026 Regular Session Introduced by Mike Hite

Repeals the constitutional limit on sheriffs’ consecutive terms, allowing them to serve beyond current term caps if voters ratify the amendment in 2026.

To House Judiciary
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Bill Summary · HJR 23

Overview

  • Bill: HJR 23 (House Joint Resolution 23)
  • Session: West Virginia, 2026 Regular Session
  • Sponsor: Delegate Hite (co-sponsor: Delegate Mike Hite)
  • Status: Introduced January 20, 2026; referred to the House Judiciary Committee
  • Nature: Constitutional amendment proposed to the voters

Purpose and Intent

  • The resolution proposes repealing article IX, section 3 of the West Virginia Constitution, which currently imposes term limits on sheriffs.
  • If ratified by voters, sheriffs would no longer be subject to a constitutional term-limit restriction on the number of consecutive terms they may serve.

Key Provisions (What the bill would do)

  • Repeal: Remove the existing constitutional provision that sets term limits for sheriffs.
  • Amendment labeling: The proposal would be numbered as Amendment No. 1 and placed on the ballot for ratification at the next general election in 2026.
  • Summary language: The accompanying summary states, in essence, that article IX, section 3 (term limits for sheriffs) would be repealed.

Who/What Would Be Affected

  • Primary subject: West Virginia sheriffs and the term-limit framework governing their tenure.
  • Effect on elected law enforcement leadership: Sheriffs would be able to serve more than the current consecutive-term limits, subject to election outcomes and any other applicable state or local election laws.

Procedural and Timeline Considerations

  • Proposed action: Submission of a constitutional amendment to the voters for ratification.
  • Election timing: To be placed on the general election ballot in 2026.
  • Legislative path: Requires two-thirds of members elected to each house to agree to the resolution.
  • Next steps if approved by the legislature: The amendment would be presented to voters at the 2026 general election for ratification or rejection.

Practical Implications

  • Short-term: The Legislature is seeking voter authorization to remove a constitutional cap on sheriffs’ consecutive terms.
  • Long-term: If ratified, sheriffs could potentially serve beyond any current term-limit constraints, influencing tenure dynamics, succession planning, and election competitiveness within county law enforcement leadership.

Considerations for Stakeholders

  • Law enforcement agencies and sheriffs’ offices: Potential for longer tenures and continuity in leadership.
  • County governments and voters: Impact on accountability, local governance, and election cycles.
  • Legal and constitutional researchers: A notable change to constitutional term-limit provisions affecting executive law enforcement offices.

If you’d like, I can add a concise pros/cons section or compare this to term-limit provisions for other offices in West Virginia.

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

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