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West Virginia Amendment 1, No Court Authority over Impeachment Measure (2022)
| West Virginia Amendment 1 | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic State judiciary | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
West Virginia Amendment 1, the No Court Authority over Impeachment Amendment, was on the ballot in West Virginia as a legislatively referred constitutional amendment on November 8, 2022.[1] The measure was defeated.
A "yes" vote supported amending the state constitution to say that no state court has authority over impeachment proceedings by the state legislature and that no court can review any impeachment judgments made by the state Senate. |
A "no" vote opposed this amendment to state that no court has authority over impeachment proceedings or judgments by the state legislature. |
Election results
|
West Virginia Amendment 1 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 196,519 | 42.19% | ||
|
|
269,316 | 57.81% | ||
Overview
What would the amendment have changed about impeachment proceedings in West Virginia?
- See also: Measure design
The measure would have amended Article IV of the West Virginia Constitution to add that no state court has jurisdiction to intervene in impeachment proceedings of the West Virginia House of Delegates or the state Senate. The amendment also prohibits any state court from reviewing any impeachment judgment made by the state Senate.[2]
As of 2022, the state constitution did not state a role for the state judiciary to participate or review impeachment proceedings, apart from the chief justice of the state supreme court presiding over the proceedings.[2]
How did the amendment relate to the impeachment proceedings of West Virginia Supreme Court justices in 2018?
In 2018, Gov. Jim Justice (R) convened the legislature into a special session to consider the investigation and impeachment of multiple supreme court justices. Investigation and impeachment proceedings stemmed from the justices' alleged misuse of over $1 million in state funds, specifically relating to courthouse office renovations; misuse of state vehicles; and illegal payments to senior judges. In October 2018, temporary supreme court justices ruled the impeachment proceedings violated the state constitution's separation of powers clause, which prevented the Senate from conducting an impeachment trial.[3]
How did the 2020 election impact the amendment's path to the ballot?
- See also: Path to the ballot
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the West Virginia State Senate and the West Virginia House of Representatives, which equates to 67 votes in the state House and 23 votes in the state Senate.
During the 2020 legislative session, the West Virginia State Senate attempted to pass an amendment that would have prohibited the state judiciary from ruling on legislative proceedings. It was defeated in the state Senate along party lines with 20 Republicans favoring the amendment and 13 Democrats opposing it.[4]
In the 2020 election, Republicans gained the seats they needed to meet the supermajority requirement in both chambers. Republicans gained three seats in the state Senate to increase their majority from 20-14 to 23-11 and also increased their majority in the state House from 58-41 (with one vacancy) to 76-24.
The 2021 amendment was introduced as House Joint Resolution 2 (HJR 2) on February 11, 2021. On March 2, 2021, the state House approved the amendment by a vote of 78-21 with one Republican absent. The vote was largely along party lines with two Democrats joining the voting Republicans in the majority. On April 9, 2021, the state Senate also approved the amendment completely along party lines with a vote of 23-11.[1]
Who supported and opposed the amendment?
- See also: Support and Opposition
In the House, 76 Republicans and two Democrats voted in favor of the amendment, and 21 Democrats voted against it. In the Senate, all 23 Republicans voted in favor of it, and all 11 Democrats voted against it.[1]
Delegate Mark Zatezalo (R) said, "This is not something that I take very lightly to impeach anybody and particularly the Supreme Court. I think this is a good resolution, and I think it’s something that’s needed because if you’re going to go through all that excruciating pain, we should be the voice. We should be the body that rules as far as this type of thing goes.”[5]
State Delegate Barbara Fleischauer (D), said, "What this would do would say that there’s no constitutional restraint whatsoever on impeachment … that the separation of powers is not relevant. I think that we all need to think about what this means for the future that any hyper-partisan and frivolous impeachment would be A-OK."[6]
Text of the measure
Ballot title
The official ballot title was as follows:[2]
| “ | Clarification of the Judiciary’s Role in Impeachment Proceedings Amendment
“Clarifying that courts have no authority or jurisdiction to intercede or intervene in or interfere with impeachment proceedings of the House of Delegates or the Senate; and specifying that a judgment rendered by the Senate following an impeachment trial is not reviewable by any court of this state.[7] |
” |
Constitutional changes
- See also: Article IV, West Virginia Constitution
The measure would have amended section 9 of Article IV of the state constitution. The following underlined text would have been added, and struck-through text would have been deleted:[2]
Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor. The House of Delegates shall have has the sole power of impeachment. The Senate shall have has the sole power to try impeachments and no person shall be convicted without the concurrence of two thirds of the members elected thereto. When sitting as a court of impeachment, the President Chief Justice of the Supreme Court of Appeals, or, if from any cause it be improper for him or her to act, then any other judge of that court, to be designated by it, shall preside; and the senators shall be on oath or affirmation, to do justice according to law and evidence. Judgment in cases of impeachment shall does not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit, under the state; but the party convicted shall be remains liable to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the Legislature for the trial of impeachments. No court of this state has any authority or jurisdiction, by writ or otherwise, to intercede or intervene in, or interfere with, any impeachment proceedings of the House of Delegates or the Senate conducted hereunder; nor is any judgment rendered by the Senate following a trial of impeachment reviewable by any court of this state.[7]
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 18, and the FRE is 16. The word count for the ballot title is 55.
Support
The amendment was sponsored by State Delegate Everette "Bill" Anderson (R).
Arguments
Opposition
Arguments
Campaign finance
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
Background
Impeachment proceedings for West Virginia Supreme Court Justices in 2018
In 2018, Gov. Jim Justice (R) convened the legislature into a special session to consider the investigation and impeachment of multiple supreme court justices. Investigation and impeachment proceedings stemmed from the justices' alleged misuse of over $1 million in state funds, specifically relating to courthouse office renovations; misuse of state vehicles; and illegal payments to senior judges.[3]
On October 2, 2018, the Senate censured Justice Beth Walker but did not remove her from office. In October 2018, temporary supreme court justices ruled the impeachment proceedings violated the state constitution's separation of powers clause, which prevented the Senate from conducting an impeachment trial for Justices Margaret Workman, Robin Davis, and Allen Loughry. Between July and November 2018, Justices Menis Ketchum, Robin Davis, and Allen Loughry resigned from the supreme court.[3]
Click here to read more about these events in 2018.
Previous attempt to place the amendment on the ballot
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the West Virginia State Senate and the West Virginia House of Representatives, which equates to 67 votes in the state House and 23 votes in the state Senate.
During the 2020 legislative session, the West Virginia State Senate attempted to pass an amendment that would have prohibited the state judiciary from ruling on legislative proceedings. It was defeated in the state Senate along party lines with 20 Republicans favoring the amendment and 13 Democrats opposing it.[4]
In the 2020 election, Republicans gained the votes they needed to meet the supermajority requirement in both chambers. Republicans gained three seats in the state Senate to increase their majority from 20-14 to 23-11 and also increased their majority in the state House from 58-41 (with one vacancy) to 76-24. The Republican majority increased to 77-23 after Del. Jason Barrett switched his party affiliation from Democrat to Republican in December 2020.[8]
Below is the partisan composition of the state Senate before and after the 2020 election.
| West Virginia State Senate | |||
|---|---|---|---|
| Party | As of November 3, 2020 | After November 4, 2020 | |
| Democratic Party | 14 | 11 | |
| Republican Party | 20 | 23 | |
| Total | 34 | 34 | |
Below is the partisan composition of the state House before and after the 2020 election.
| West Virginia House of Delegates | |||
|---|---|---|---|
| Party | As of November 3, 2020 | After November 4, 2020 | |
| Democratic Party | 41 | 24 | |
| Republican Party | 58 | 76 | |
| Independent | 1 | 0 | |
| Total | 100 | 100 | |
Impeachment in West Virginia
Article IV, Section 9 of the West Virginia Constitution states:
| “ | Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor.[7] | ” |
The section gives the House of Delegates the power of impeachment and the Senate the power to try impeachments. For the process to advance to the Senate, a majority of the House (51 members) must approve articles of impeachment. Conviction requires approval by two-thirds of the Senate (23 members). A conviction could result in the removal from office and disqualification to hold office.[9][10]
The article also states that the chief justice of the Supreme Court of Appeals shall preside at the court of impeachment unless it would "be improper for him to act," in which case another supreme court justice would be designated to preside.[10]
According to the Brennan Center for Justice, impeachment and removal of judges from office are rare. Citing research from the American Judiciary Society and the National Center for State Courts, the Brennan Center noted that two state supreme court justices were impeached between 1993 and 2018; one in Pennsylvania was removed from office (1993-1994) and one in New Hampshire (2000) was impeached but acquitted.[11][12]
Removal of judges in other states
As of 2021, West Virginia's sole means of removing a state judge was through impeachment. Oregon and Hawaii do not have the power to impeach state judges. Eight states (Arizona, California, Colorado, Minnesota, Nevada, North Dakota, Oregon, and Wisconsin) have authorized recall elections to remove state judges. Forty-seven states and Washington, D.C. have judicial commissions or advisory boards to review complaints, discipline, and remove judges from office. All but four state commissions are subject to the oversight of the state's supreme court. Illinois, Oklahoma, and Pennsylvania have separate courts to oversee their state judicial commissions, such as the Oklahoma Court on the Judiciary. In 19 states, there was also a unique method of removal for state judges, such as a joint resolution approved by a state legislature and presented to the governor. In Delaware, state judges are removed by a two-thirds (66.67%) vote of the court on the judiciary.[13]
Recent ballot measures about West Virginia's state judiciary
In November 2018, West Virginia voters approved Amendment 2 by a vote of 72% to 28%. Amendment 2 gave the legislature the authority to reduce the budget of the state judiciary or any item in the budget, provided that the overall budget of the state judiciary was reduced to no less than 85 percent of the state judiciary's budget in the previous fiscal year. Amendment 2 also required the chief justice of the Supreme Court of Appeals to appear before the legislature to be heard and answer questions concerning the budget of the state judiciary if requested by either chamber of the legislature.
Path to the ballot
- See also: Amending the West Virginia Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the West Virginia State Senate and the West Virginia House of Representatives.
The amendment was introduced as House Joint Resolution 2 on February 11, 2021. The state House approved the amendment by a vote of 78-21 on March 2, 2021. In the House, 76 Republicans and two Democrats voted in favor of it, and 21 Democrats voted against it. On April 9, 2021, the state Senate approved the amendment by a vote of 23-11. All 23 Republicans voted in favor of it, and all 11 Democrats voted against it.[1]
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How to cast a vote
- See also: Voting in West Virginia
Click "Show" to learn more about voter registration, identification requirements, and poll times in West Virginia.
| How to cast a vote in West Virginia | |||||||||
|---|---|---|---|---|---|---|---|---|---|
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Poll timesIn West Virginia, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. A voter who is in line at the time polls close must still be permitted to vote.[14] Registration requirements
To vote in West Virginia, an individual must be a citizen of the United States, a resident of West Virginia, and at least 18 years of age by the date of the next general election.[15] The registration deadline is 21 days prior to an election. An individual may register to vote by submitting a form by mail to his or her county clerk's office or the Secretary of State's Office. Registration can be completed online, in person at the county clerk's office, the Secretary of State's office, the Department of Motor Vehicles, any public assistance office, any agency that serves people with disabilities, any marriage license office, or any military recruiting agency.[15] Automatic registration
West Virginia automatically registers eligible individuals to vote through the Department of Motor Vehicles.[16] Online registration
West Virginia has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration
West Virginia does not allow same-day voter registration. Residency requirementsAn individual must have resided in the state for at least 30 days of residency before they may vote. Verification of citizenshipWest Virginia does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[17] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe West Virginia Secretary of State's office allows residents to check their voter registration status online by visiting this website. Voter ID requirementsWest Virginia requires voters to present identification while voting. The identification provided must be issued either by the State of West Virginia, or one of its subsidiaries, or by the United States government.[18][19] Signed into law in 2025, HB 3016 established that a document was valid if it:[19]
State law enumerates the following identifications that an individual may use to vote:[19]
Lastly, state law provided for the following exceptions and alternative methods of verifying a voter's identity:[19]
Voters can obtain a free voter ID card at their county clerk’s office.[20] | |||||||||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 West Virginia State Legislature, "House Joint Resolution 2," accessed April 12, 2022
- ↑ 2.0 2.1 2.2 2.3 West Virginia Legislature, "House Joint Resolution 2 enrolled text," accessed April 12, 2022
- ↑ 3.0 3.1 3.2 The State Journal, "Gov Justice calls for special session Loughry, other justices," June 25, 2018
- ↑ 4.0 4.1 News and Sentinel, "Separation of powers resolution fails vote in West Virginia Senate," February 6, 2020
- ↑ News and Sentinel, "West Virginia House committee approves separation of powers amendment," February 13, 2021
- ↑ The Intelligencer, "West Virginia House Approves Constitutional Amendment Clarifying Impeachment Powers," March 3, 2021
- ↑ 7.0 7.1 7.2 7.3 7.4 7.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Herald Media, "Martinsburg lawmaker switches parties, joins GOP supermajority in W.Va. House," December 11, 2020
- ↑ WOWKTV.com, "Impeachment Case Moves to WV Senate," August 20, 2018
- ↑ 10.0 10.1 Charleston Gazette-Mail, "WV House committee granted power to consider Supreme Court impeachment," June 27, 2018
- ↑ Brennan Center for Justice, "Impeachment and Removal of Judges: An Explainer," March 23, 2018
- ↑ The New York Times, "New Hampshire Supreme Court Justice Is Acquitted in His Impeachment Trial," October 11, 2000
- ↑ Judicial Selection, "Removal of Judges," accessed July 1, 2021
- ↑ West Virginia Secretary of State, "Elections Frequently Asked Questions (FAQs)," accessed June 30, 2025
- ↑ 15.0 15.1 West Virginia Secretary of State, "Elections Frequently Asked Questions (FAQs)," accessed June 30, 2025
- ↑ NCSL, "State Profiles: Elections," accessed June 30, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ West Virginia State Legislature, "West Virginia Code, §3-1-34. Voting procedures generally; identification; assistance to voters; voting records; penalties." accessed May 2, 2023
- ↑ 19.0 19.1 19.2 19.3 West Virginia Legislature, "House Bill 3016 (2025)," accessed June 27, 2025
- ↑ West Virginia Secretary of State, "Be Registered and Ready" accessed June 29, 2025
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