By a majority vote of their duly elected officers, the Constitution Party of West Virginia adopted a resolution on Gubernatorial Succession today calling for a special election to replace acting Governor Earl Ray Tomblin. The resolution, shown below, is based on detailed analysis of the West Virginia State Constitution and also addresses the issue of Mr. Tomblin’s attempt to maintain dual legislative offices.
WHEREAS, Article V § 1: Division of Powers, of the West Virginia Constitution states; The legislative, executive and judicial departments shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to the Legislature, and
WHEREAS, Article VII, § 4: Eligibility, of the West Virginia Constitution states in part; none of the executive officers mentioned in this Article shall hold any other office during the term of his service…, and
WHEREAS, Article VII § 16: Vacancy in Governorship How Filled, of the West Virginia Constitution states in part; Whenever a vacancy shall occur in the office of governor Before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy, and
WHEREAS, Article VII § 2: Election; of the West Virginia Constitution states; an election for governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general, shall be held at such times and places as may be prescribed by law, and
WHEREAS, there seems to be controversy in the procedure of filling the vacancy of governor and the permitted duties of the person filling the vacancy, now therefore be it
RESOLVED, by the Constitution Party of West Virginia that an election should be held to fill the remainder of the term of governor because three years of the current term (of Gov. Manchin) have not passed (Article VII § 16). Such election shall be established by law pursuant to Article VII, § 2 by the Legislature, and be it further
RESOLVED that the acting governor cannot perform any legislative duties, while acting as governor (Article V § 1 and Article V § 4 of the Constitution of West Virginia).
