CHARLESTON — While weighing the pros and cons of candidates on the ballot in November, voters also have the opportunity to make changes to West Virginia’s Constitution, including three amendments that would give the Legislature more authority.
Four constitutional amendments are on the ballot when voters head to the polls. The amendments give more freedoms to religious institutions, untie the hands of lawmakers to reduce or eliminate certain taxes, provide greater oversight of education policy and clarify the separation of powers between branches of state government.
The Legislature puts constitutional amendments on either special election ballots or coinciding with a primary or general election by passing House or Senate joint resolutions. Resolutions must pass the House of Delegates and Senate with a two-thirds majority vote in both bodies before being placed before voters, where a simple majority is needed for the amendments to be adopted.
– Amendment 1 would add language to the Constitution stating 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.” Amendment 1 would also clarify that no judgments rendered by the Senate in an impeachment trial can be appealed or reviewed by the judicial branch.
Lawmakers adopted the joint resolution for Amendment 1 after an all-appointed state Supreme Court panel made up of circuit court judges put a stop to the impeachment trials of former justice Margaret Workman in 2018. The House adopted 11 articles of impeachment spread out between Workman and other sitting justices at the time. Workman filed a lawsuit to block the impeachment process, alleging that the House did not follow its own rules for impeachment.
The impeachments came about after months of reports and audits showing waste, fraud and abuse by several justices, including former chief justices Allen Loughry and former justice Menis Ketchum, both of whom were charged by the U.S. Attorney’s Office for the Southern District of West Virginia. Ketchum pleaded guilty to one charge, while Loughry was convicted of 11 charges.
– Amendment 2 would change the constitution to give lawmakers the authority to reduce or eliminate six categories of tangible personal property taxes: machinery and equipment, furniture and fixtures, leasehold investments, computer equipment, inventory, and vehicles. If voters approved Amendment 2, the Legislature could pass legislation in the future to reduce or eliminate those taxes, though Amendment 2 itself does not reduce or eliminate any taxes.
The spotlight has been on Amendment 2 for the last several weeks as Republican leaders in the Senate and Gov. Jim Justice battle over the best approach to tax reform. Republican lawmakers support Amendment 2, with eliminating machinery/equipment and inventory tangible personal property taxes long a goal.
Senate President Craig Blair, R-Berkeley, and Senate Finance Committee Chairman Eric Tarr, R-Putnam, have a draft bill for the 2023 legislative session that would eliminate the six categories of tangible personal property taxes, replacing the lost tax revenue for county governments and school systems directly from the general revenue budget. Combined with a 10% cut to personal income taxes, the draft bill would return more than $800 million to taxpayers.
Justice opposes Amendment 2, despite previously supporting similar efforts to eliminate the machinery/equipment and inventory tangible personal income taxes in 2018 and 2019. The Governor supports phasing out the personal income tax beginning with a 10% cut, but he opposes Amendment 2 and the Senate Republican leadership plan to eliminate tangible personal property taxes, hitting the road over the last several weeks to rally voters against the amendment.
Other opponents include county commissions and boards of education, the West Virginia Association of Counties, the West Virginia Association of School Administrators, and all three major unions representing teachers and school service personnel.
– Amendment 3 would allow churches and other religious denominations to incorporate. West Virginia was the last state in the nation with a ban on the incorporation of churches and religious institutions. West Virginia’s ban was a carryover from Virginia’s constitution when the state was formed in 1863. Incorporation would allow leaders of religious institutions in the event of a lawsuit.
Amendment 4 would clarify that “the policy-making and rule-making authority of the state Board of Education is subject to legislative review, approval, amendment, or rejection.” The board reviews new or amended policies submitted to it by the state Department of Education at monthly meetings in Charleston.
The state Department of Education keeps the Legislature informed of its approved rules, regulations and policies. While every other state department and agency must submit its rules to the Legislative Rule-Making Review Committee, the state board is not required to get approval from lawmakers for policies and rules.
– Amendment 4 is also opposed by the West Virginia Association of School Administrators, the West Virginia Education Association, and the West Virginia chapter of the American Federation of Teachers, and the West Virginia School Service Personnel Association. The state Board of Education also put out a statement earlier this year opposing Amendment 4, but the new state board president, Paul Hardesty, did not sign on to that statement and has taken a neutral stance on the amendment since being approved as board president in July.
