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HJR 31

To set term limits for WV legislature

2026 Regular Session Introduced by Eric Brooks and 3 co-sponsors

Sets consecutive-term limits: Senators up to 2 and Delegates up to 4, counting only consecutive terms starting after ratification.

To House Judiciary
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Bill Summary · HJR 31

Summary of Bill: HJR 31 (2026) – West Virginia

Main purpose

  • Proposes a constitutional amendment to establish term limits for members of the West Virginia Legislature.
  • Specifically limits consecutive terms:
    • State Senate: a maximum of two consecutive terms.
    • House of Delegates: a maximum of four consecutive terms.
  • Applies to terms beginning after ratification of the amendment.

Key provisions and changes proposed

  • Amends Section 3, Article VI of the West Virginia Constitution to set term limits.
  • Initial Senate term structure (four-year terms) and House term structure (two-year terms) are retained in the proposal, but with new limits on consecutive service:
    • Senators: may not serve more than two consecutive terms.
    • Delegates: may not serve more than four consecutive terms.
  • Transition rules:
    • Terms that began prior to ratification do not count toward the new limits.
    • However, any partial term served after ratification counts as a full term for the purpose of determining term-limit eligibility.
  • Numbering and designation:
    • If ratified, the amendment would be numbered “Amendment No. 1” and titled the “State Senate and House of Delegates Term Limits Amendment.”
  • Summarized purpose statement (to be included with ratification):
    • “To prevent any person from serving more than two consecutive terms in the State Senate or more than four consecutive terms in the House of Delegates, for terms beginning after the ratification of this amendment.”

Who/what would be affected

  • Members of the West Virginia State Senate and House of Delegates.
  • Current lawmakers would be grandfathered with respect to terms begun before ratification; they would still be subject to the new limits for future terms once the amendment takes effect.
  • Voters would decide on ratification at the next general election held in 2026.

Procedural and timeline aspects

  • Status: Introduced January 29, 2026; referred to the House Judiciary Committee.
  • Action path: If approved by both chambers, the proposed amendment would be submitted to voters for ratification at the next general election (2026).
  • Constitutional process: As a proposed constitutional amendment, passage requires two-thirds approval in both the House and Senate, followed by ratification by voters.

Sponsors

  • Primary sponsors: Delegates Vance, Brooks, Flanigan, and Kump.
  • Co-sponsors: Delegate Larry Kump; Delegate Bill Flanigan; Delegate Adam Vance; Delegate Eric Brooks.

Notes for readers

  • The amendment would alter eligibility timelines but not the current election cadence (four-year Senate terms and two-year Delegate terms) beyond counting consecutive terms toward a limit.
  • The distinction between “consecutive terms” and non-consecutive terms means a break in service could reset the consecutive-term count (subject to constitutional interpretation and any future implementing provisions).
  • If ratified, the proposed amendment would become part of the West Virginia Constitution.

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

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