Removal of elected and certain appointed officers by courts.

HB 4091 Text

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Introduced Version

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 4091
By Delegate Pritt
[Introduced January 14, 2026; referred to the Committee on the Judiciary]
A BILL to amend and the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-6-10, relating to providing for the removal of elected and certain appointed officers by courts.
Be it enacted by the Legislature of West Virginia:

ARTICLE 6. REMOVAL OF OFFICERS.

§6-6-10. Removal of elected and certain appointed officers by courts.

(a) Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:
(1) For neglect of a clear, ministerial duty of the office, misuse of the office, or incompetence in the performance of the duties of the office when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office;
(2) Upon conviction of a misdemeanor; or
(3) Upon conviction, and after all rights of appeal have terminated, of sexual assault, attempted sexual assault, peeping or spying into dwelling or enclosure, consensual sexual intercourse with a child 15 years of age or older, or indecent exposure of himself or herself or procuring another to expose himself or herself, and such conviction has a material adverse effect upon the conduct of such office.
(b) The petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal to 15 percent of the total number of votes cast at the last election for the office that the officer holds.
NOTE: The purpose of this bill is to provide for the removal of elected and certain appointed officers by courts.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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