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HJR 13

Resolution for Term Limits for Senators and Delegates in the West Virginia Legislature

2026 Regular Session Introduced by Clay Riley

Imposes a 12 consecutive year limit per chamber for WV legislators, after which they cannot run again in that chamber until a new election cycle.

To House Judiciary
#constitutionalamendments
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Bill Summary · HJR 13

Overview

  • Bill: HJR 13 (West Virginia, 2026 Regular Session)
  • Type: Joint Resolution proposing an amendment to the West Virginia Constitution
  • Sponsor: Delegate Clay Riley (primary), joined as co-sponsor
  • Introduced: January 14, 2026; referred to the House Judiciary Committee
  • Purpose: Create a 12-year consecutive term limit for individuals serving in the West Virginia Legislature (both Senate and House of Delegates)

Main Purpose and Intent

  • Establish a constitutional term limit of 12 consecutive years for elected members within each chamber of the Legislature.
  • The measure aims to limit the total time any individual may continuously serve in the same chamber, promoting turnover and opportunities for new candidates.

Key Provisions

  • Terms and Class Structure:
    • Senators are elected to four-year terms; Delegates to two-year terms.
    • For initial staggered terms, after the first election, senators are divided into two classes for the purpose of establishing staggered terms: one class to two years, the other to four years.
  • 12-Year Consecutive Service Limit:
    • A person may serve up to 12 consecutive years in a single chamber (Senate or House of Delegates).
    • Once the 12-year limit is reached in a chamber, the individual is not eligible for re-election to that same chamber until one full election cycle has passed.
    • If the same individual runs for and is elected to the other chamber after reaching the 12-year limit in the first chamber, they may serve in that alternate chamber.
    • The 12-year accumulation begins on January 1, 2030.
    • Time served prior to January 1, 2030 is not counted toward the limit, but any partial term served after that date is counted as a term toward the 12-year total.
    • Breaks in service do reset the accumulation toward the 12-year limit.
  • Scope and Coverage:
    • Applies separately to the Senate and House of Delegates; reaching 12 consecutive years in one chamber does not preclude service in the other chamber, subject to the limit rules.
  • Constitutional Amendment Process:
    • If approved by two-thirds of the members elected to each house, the question will be submitted to voters at the next General Election in 2026 for ratification or rejection.
    • The amendment is designated as Amendment No. 1, titled the “Term Limit Amendment.”
    • Purpose statement: “To amend the State Constitution to create a term limit for elected members of the House of Delegates and the Senate which shall be 12 consecutive years of service in that Chamber.”

Who Would Be Affected

  • Current and future members of the West Virginia Legislature:
    • Senators and Delegates would be subject to the 12-year consecutive service limit within their respective chamber.
  • Voters:
    • Would vote on the proposed constitutional amendment at the 2026 general election.
  • State operations:
    • Potentially increases turnover and alters long-term planning for legislative careers and institutional memory.

Procedural and Timeline Aspects

  • Introduction and referral:
    • Introduced January 14, 2026; referred to the House Judiciary Committee.
  • Ratification process:
    • If two-thirds of both houses approve, the amendment would be placed on the ballot for ratification at the 2026 general election.
  • Effective date and implementation:
    • The 12-year accumulation clock begins January 1, 2030.
    • Terms begun before January 1, 2030 are not counted toward the limit; partial terms after that date count toward the limit.
    • Breaks in service reset the accumulated time toward the limit.
  • Clarifications:
    • The amendment specifies that moving to the other chamber after reaching the limit in one chamber is allowed.
    • The amendment does not retroactively apply to all prior service; it applies to the defined accumulation period starting in 2030.

Potential Impacts and Considerations

  • Governance and experience:
    • Could increase turnover and reduce long-term incumbency in each chamber.
    • May encourage broader candidate participation and access to leadership positions over time.
  • Career trajectories:
    • Legislators may shift between chambers to extend public service beyond the limit in one chamber, subject to the rule.
  • Administrative considerations:
    • Requires monitoring of consecutive service within each chamber to enforce the limit.
    • Implementation would hinge on voter approval and subsequent legal and administrative guidance if enacted.

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

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