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Victoria Antram

Victoria Antram is a staff writer at Ballotpedia. Contact us at editor@ballotpedia.org.

Tennessee voters will decide 2022 amendment to remove language that allows the use of slavery and involuntary servitude as criminal punishment

On May 4, the Tennessee General Assembly voted to refer a constitutional amendment to the 2022 general election ballot that would remove language that allows the use of slavery and involuntary servitude as criminal punishment and replace it with the statement, “Slavery and involuntary servitude are forever prohibited.” The ballot measure would also state that the language does not prohibit an inmate from working when the inmate has been duly convicted of a crime.

In 2020, voters in Nebraska and Utah voted to remove language from their respective constitutions that allowed the use of slavery and involuntary servitude as criminal punishments. Nebraska Amendment 1 was approved by a margin of 68.23% to 31.77%. Utah Constitutional Amendment C was approved by a margin of 80.48% to 19.52%.

As of 2021:

• Ten states had constitutions that included provisions prohibiting enslavement and involuntary servitude but with an exception for criminal punishments.

• Nine states had constitutions that included provisions permitting involuntary servitude, but not slavery, as a criminal punishment.

• One state—Vermont—had a constitutional provision permitting involuntary servitude to pay a debt, damage, fine, or cost.

The Tennessee State Legislature can refer constitutional amendments to the ballot for gubernatorial general elections. The Tennessee Constitution requires the legislature to approve a constitutional amendment during two successive legislative sessions with an election in between. However, the constitution provides for two different vote requirements depending on the session. During the first legislative session, the constitutional amendment needs to receive a simple majority (50%+1) vote in each legislative chamber. During the second legislative session, the constitutional amendment needs to receive a two-thirds vote in each legislative chamber. In the state Senate, that amounts to 17 votes during the first session and 22 votes during the second session, assuming no vacancies. In the state House, that amounts to 50 votes during the first session and 66 votes during the second session.

During the 2019 legislative session, Sen. Raumesh Akbari (D-29) introduced the constitutional amendment into the legislature as Senate Joint Resolution 159 (SJR 159) on February 5, 2019.

On March 25, 2019, the state Senate approved SJR 159, in a vote of 32-0. On April 22, 2019, the state House approved SJR 159, in a vote of 97-0.

The amendment was introduced during the 2021 legislative session as Senate Joint Resolution 80 (SJR 80). The Senate approved SJR 80 on March 15, 2021, in a vote of 26-4. On May 4, 2021, the House approved SJR 80 in a vote of 81-2, with two present and not voting.

State Representatives Joe Towns (D) said, “Today is a historic day as this state has taken a definitive step forward in stripping all forms of slavery from the Tennessee State Constitution. Some Tennesseans may be prisoners, but, by God, they will not be slaves.  We are the first Southern State to embrace universal abolition. I am proud to have carried this joint resolution and now we need all Tennesseans to join us in correcting this wrong by voting for this constitutional amendment in November of 2022.”

The amendment is one of three set to appear on the 2022 statewide ballot. Tennessee voters will also be deciding a right to work amendment and an amendment that provides a process, along with a line of succession, for an acting governor when the governor is unable to perform the offices’ powers and duties.

Tennessee voters last decided on a constitutional amendment in 2014. Tennessee voters approved 100% of the 11 statewide ballot measures appearing on ballots between 1995 and 2014.



Cincinnati voters defeat Issue 3, Affordable Housing Trust Fund Charter Amendment

Cincinnati voters defeated Issue 3 on Tuesday with 73% of voters opposing the measure and 27% of voters approving the measure. Issue 3 was a citizen initiative that would have established the Cincinnati Affordable Housing Trust Fund and created a board of private citizens to manage the fund. It would have also provided guidelines for what projects could be financed by the fund. The measure would have required a $50 million annual city contribution to the fund, and it suggested revenue sources for the fund. The measure defined housing as affordable when “costs associated with residing in the home require no more than thirty percent of the household’s income” and contained income level thresholds of 60% and 30% of Hamilton County’s median household income.

Issue 3 was put on the ballot through a successful citizen initiative petition drive which submitted 9,541 signatures. Cincinnati Action for Housing NOW led the effort to put Issue 3 on the ballot. On Tuesday night, the campaign said, “We are a movement of people who know every person in this city needs access to a home they can afford. … Issue 3 put our need for affordable housing at the top of community conversation.”

Cincinnati voters approved two other charter amendments, Issues 1 and 2. Issue 1 was approved by a margin of 77% to 23%. It amended the city charter to prohibit council members from revising their successor designation certificates after being indicted for a felony or after the filing of certain criminal charges against them. It also requires the City Solicitor to appoint a special prosecutor to prosecute an action to remove a member of Council where a member of the council has been indicted for a felony or a criminal complaint has been filed against a member for charges relating to official conduct.

Issue 2 was approved by a margin of 77% to 23%. Issue 2 made the following changes to the charter:

• provides for a pre-conviction suspension of council members indicted for state or federal felonies related to the council member’s duties, where the council member shall be suspended from official duties but shall receive a salary during the suspension that may be recovered by the city upon the member’s conviction; 

• provides for the removal of council members upon conviction of or guilty plea to said crime; 

• requires ethics training for council members within 60 days of taking the oath of office; 

• prohibits council members from revising their successor designation certificates after being indicted for a state or federal felony related to the council member’s conduct in council duties; 

• clarifies details regarding successor designation certificates.

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Tennessee legislature sends right-to-work amendment to voters in 2022

On April 29, the Tennessee General Assembly voted to refer a constitutional amendment to the 2022 ballot that would make it illegal for workplaces to require mandatory labor union membership as a condition for employment. This type of policy is known as right-to-work. Tennessee enacted a right-to-work statute in 1947.

Sen. Brian Kelsey (R), the sponsor of the amendment, said, “The Tennessee right-to-work law states that workers cannot be hired or fired, or in any way discriminated against based on whether or not they are a member of a union. I think that this right is an important enough civil right that it belongs in our state constitution.”

Sen. Sara Kyle (D), who voted against the measure, said, “Right-to-work is a false slogan. The true effect of this legislation is to destroy the freedom and power of collective bargaining. Collective bargaining has lifted millions of workers out of poverty and provided families with health care and dignity in retirement. That gives big corporations the upper hand.”

The Tennessee State Legislature can refer constitutional amendments to the ballot for gubernatorial general elections. The Tennessee Constitution requires the legislature to approve a constitutional amendment during two successive legislative sessions with an election in between. There are two different vote requirements for the first session and the second. During the first session, the legislature must approve a constitutional amendment by a simple majority (50%+1) vote in each legislative chamber. During the second legislative session, the legislature must approve a constitutional amendment by a two-thirds (66.67%) vote in each chamber. In the state Senate, that amounts to 17 votes during the first session and 22 votes during the second session, assuming no vacancies. In the state House, that amounts to 50 votes during the first session and 66 votes during the second session.

The amendment was first introduced as Senate Joint Resolution 648 (SJR 648) during the 2020 legislative session. On February 10, 2020, the state Senate passed SJR 648 in a vote of 24-5. Of the 25 Republicans in the Senate, 24 voted in favor of SJR 648, and one voted against it. All four Democrats voted against it. On June 17, 2020, the state House passed SJR 648 in a vote of 68-22. The vote was along party lines with Republicans in the majority and Democrats in the minority.

During the 2021 legislative session, the amendment was introduced as Senate Joint Resolution 2 (SJR 2). The state Senate passed the amendment on March 8, 2021, by a vote of 24-7. The vote was along party lines with one Republican joining the minority. On April 29, the state House passed the amendment in a vote of 67-24 with one present and not voting. One Republican joined the Democratic minority.

Twenty-seven states have enacted right-to-work statutes. In 2018, Missouri voters decided Proposition A, a referendum to repeal the state’s recently enacted right-to-work statute. The vote margin was 67.47% in favor of repealing the law and 32.53% in favor of upholding the law. Nine states have adopted right-to-work constitutional amendments. Virginia was the last state to vote on a right-to-work constitutional amendment in 2016. It was defeated with 53.62% opposing the measure.

The Tennessee amendment will be the first amendment certified for the ballot in the state since 2014. Tennessee voters approved 100% of the 11 statewide ballot measures appearing on ballots between 1995 and 2014.

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Montana State Legislature sends ballot measure to change the state supreme court election process to 2022 ballot

Voters will decide in 2022 on a measure to change the election of state supreme court justices in Montana from nonpartisan statewide elections to by-district elections. The measure would not remove any sitting state supreme court justice. Associate justices would be assigned district numbers according to their seat number, and the chief justice would be assigned the seventh district. Associate justices could seek re-election in the district assigned to them or resign from their current district to file to run in another district under the proposed change to state law. The Montana State Legislature would be required to review the districts after the decennial census to ensure the districts contain approximately the same number of residents without dividing counties. The change would take effect after the 2024 general election.

In Montana, a simple majority is required in both chambers of the state legislature to place a legislatively referred state statute on the ballot.

This measure was introduced as House Bill 325 (HB 325) on February 4, 2021, by Rep. Barry Usher (R). The Montana House of Representatives approved HB 325 in a vote of 63-36 with one absent on February 19. It was introduced in the Montana State Senate on February 20, 2021. The Senate passed the measure with amendments on April 23 by a vote of 29-21. The House concurred on April 26 by a vote of 65-34 with one absent. The votes were largely along party lines with four Republican legislators joining the Democratic minority.

Currently, Montana Supreme Court justices serve eight-year terms following a statewide nonpartisan election. In the case of a mid-term vacancy, the governor may appoint an interim justice. If the governor does not select a nominee in time, the chief justice must make the appointment. The appointment must be confirmed by the Senate. If the Senate is not in session, the recess appointee serves until the next session. Once confirmed by the Senate, the judge holds office until the next general election.  Any incumbent judge who is running unopposed in a general election is subject to a retention election.

As of January 2021, four sitting judges were elected in nonpartisan elections, two judges were appointed by a Democratic governor, and one judge was appointed by a Republican governor.

Rep. Barry Usher (R), the sponsor of the measure, said that the change would mean that voters are better represented in the supreme court.

The 2022 measure is similar to a ballot measure that was removed from the ballot prior to the June 2012 primary election. Senate Bill 268 (SB 268), also known as LR-119, was placed on the ballot by the state legislature in largely partisan votes. The Senate approved the bill by a vote of 30-20, and the House approved the bill by a vote of 59-40 with one absent. 

A group of voters filed a lawsuit against the measure arguing that the measure deprived Montana voters of the right to vote for all state supreme court justices. District Court Judge James Reynolds ruled in favor of the plaintiffs and removed the measure from the ballot. Judge Reynolds said that the measure, which required supreme court candidates to live inside proposed regional districts, would contradict the state constitution. The ruling was upheld in the state supreme court in a 6-1 ruling. The 2022 measure would not require candidates for the supreme court to live in the same district they wish to represent.

The ballot measure is the third to be sent to the 2022 ballot in Montana. Voters will also be deciding on a constitutional amendment that would require a search warrant to access electronic data or electronic communications and a state statute that requires medical care to be provided to infants born alive after an attempted abortion by classifying them as a “legal person” with “the right to appropriate and reasonable medical care and treatment.”

Between 1996 and 2020, about 64.6% (42 of 65) of measures that appeared on statewide ballots were approved, and about 35.4% (23 of 65) were defeated.

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The 2020 election gave West Virginia Republican lawmakers the votes needed to place an amendment prohibiting the state judiciary from interfering with impeachments on the 2022 ballot

On April 9, the West Virginia State Legislature voted to refer a constitutional amendment to the 2022 ballot that would say that no state court has jurisdiction to intercede, intervene in, or interfere with impeachment proceedings of the West Virginia House of Delegates or the state Senate. Currently, the state constitution does 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.

The amendment was proposed in response to an investigation and impeachment proceedings for multiple West Virginia Supreme Court Justices in 2018. The justices were accused of misusing over $1 million in state funds for courthouse office renovations; misuse of state vehicles; and illegal payments to senior judges. 

In June 2018, the House of Delegates unanimously approved a resolution authorizing the House Judiciary Committee to conduct an impeachment investigation into the justices. On September 21, 2018, Justice Margaret Workman, one of the impeached justices, filed a motion with the state supreme court arguing the impeachment proceedings violated the state constitution’s separation of powers clause. On October 11, five circuit court judges temporarily assigned to the state supreme court blocked Justice Workman’s impeachment trial from proceeding.

The justices ruled the impeachment proceedings violated the state constitution’s separation of powers clause, arguing the state Senate did not have the authority to impeach Workman. The ruling was later applied to Justices Robin Davis and Allen Loughry.

Between July and November 2018, Justices Menis Ketchum, Robin Davis, and Allen Loughry resigned from the supreme court. The Senate censured Justice Beth Walker but did not remove her from office. Workman served on the court until her retirement in December 2020.

In West Virginia, to put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) supermajority vote is required in both the West Virginia State Senate and the West Virginia House of Delegates, which equates to 23 votes in the state Senate and 67 votes in the state House. 

The state Senate first attempted to place the amendment to limit the state judiciary from intervening in impeachment proceedings on the ballot during the 2020 legislative session. It was defeated along party lines with 20 Republicans favoring the amendment and 13 Democrats opposing it.

In the 2020 general 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. Republicans 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.

The 2021 amendment was introduced as House Joint Resolution 2 (HJR 2) on February 11, 2021. On March 2, 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 support. On April 9, the state Senate approved the amendment along party lines with a vote of 23-11. West Virginia voters will decide the amendment and at least two others at the 2022 general election.

State Delegate Pat McGeehan (R) said, “[The amendment] has everything to do with restoring the separation of powers. We need to restore our own rightful powers as a legislative branch, because since [the 2018 Workman decision] … the legislative branch has essentially been reduced to a social club. The impeachment powers are the last line of defense that we have in the state constitution. We have to pass this and ensure that we take our place again, to be able to enforce this kind of power and the threat of it.”

Julie Archer, the coordinator of West Virginia Citizens for Clean Elections, which opposes the amendment, said, “This constitutional amendment would make it so that no state court could intervene to protect the right to a fair hearing of a public official facing impeachment, no matter how frivolous the charge or constitutionally flawed the process. In the hands of a partisan majority, this new power could be abused to oust political opponents without cause, thereby eroding existing checks and balances between the three branches of government and undercutting public trust in the political process.”

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Montana voters will decide on a constitutional amendment to require a search warrant to access electronic data in 2022

On April 22, the Montana State Legislature referred a constitutional amendment to the 2022 ballot that would require a search warrant to access electronic data or electronic communications. The amendment would also state that electronic data and electronic communications would be secure from unreasonable searches and seizures.

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67 percent) supermajority vote is required in both the Montana State Senate and the Montana House of Representatives.

Senate Bill 203 (SB 203) was introduced on February 9, 2021, by Sen. Kenneth Bogner (R). The state Senate approved the bill on February 23, 2021, in a vote of 50 to 0. On April 22, the state House approved the bill in a vote of 76-23 with one absent. 

Sen. Kenneth Bogner (R) said, “Senate Bill 203 is about updating Montana’s Constitution to reflect life in the 21st Century and make it explicitly clear that our digital information is protected from unreasonable government searches and seizures. Today, so much of our private lives—financial information, communication with family and friends, medical information, and much, much more—is contained on and transferred electronically among many devices and computer systems.”

The amendment is similar to a 2020 Michigan ballot measure that was approved by voters with 88.75% of the vote. Missouri voters also approved a similar ballot measure in 2014 with 74.75% of the vote.

In 2022, Montana voters will also be voting on a law referred to the ballot by the state legislature that would require medical care to be provided to infants born alive after an attempted abortion. Healthcare providers that violate the requirement would be guilty of a felony with a maximum sentence of a $50,000 fine and/or 20 years in prison under the measure.

Between 1996 and 2020, about 64.6% (42 of 65) of the total number of measures that appeared on Montana ballots were approved, and about 35.4% (23 of 65) were defeated.

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Montana legislature sends law to require medical care for infants born alive after an attempted abortion to 2022 ballot

The Montana State Legislature put a measure on the November 2022 ballot that would require medical care to be provided to infants born alive after an attempted abortion by classifying them as a “legal person” with “the right to appropriate and reasonable medical care and treatment.” The healthcare provider that violates this requirement by not providing care could be convicted of a felony with a maximum sentence of a $50,000 fine and/or 20 years in prison under the measure. The law would take effect on January 1, 2023.

In Montana, a simple majority is required in both chambers of the state legislature to place a proposed change to statute on the ballot. The governor’s signature is not required for legislatively referred state statutes.

The measure was introduced as House Bill 167 (HB 167) on January 14, 2021, in the Montana House of Representatives. On January 26, 2021, the state House passed the measure in a vote of 68-32. All 67 Republicans voted in favor of it, and all but one Democrat, Rep. Dave Fern, voted against it. It was sent to the Montana State Senate on January 26. On February 26, the state Senate passed an amended version in a vote of 30-20. The vote was largely along party lines, except for Senator Jeffrey Welborn, who was the sole Republican to vote against the measure. On April 22, the state House concurred with the amended version in a vote of 66-34. The vote was also along party lines, except for Rep. Edward Buttrey, who was the sole Republican to vote against the measure.

Representative Lola Sheldon-Galloway, the sponsor of the bill, said, “I stand today as a witness that this practice of infants dying because they are not wanted or not planned is an abomination in God’s eyes, and I will continue to fight for the most invulnerable.”

Representative Kathy Kelker (D), who voted against the bill, said, “This one size fits all legislated standard of care not only interferes with medical practice, but denies physicians the ability to provide care that is necessary, compassionate, and appropriate to an individual woman’s circumstances.”

The measure is the third ballot measure related to abortion sent to 2022 ballots. Voters in Kentucky and Kansas will be deciding on constitutional amendments to add language to their respective state constitutions to state that nothing in the constitution creates a right to abortion or requires government funding for abortion.

In 2022, Montana voters will also be voting on a constitutional amendment to require a search warrant to access electronic data or electronic communications.

Between 1996 and 2020, about 64.6% (42 of 65) of the total number of measures that appeared on Montana ballots were approved, and about 35.4% (23 of 65) were defeated.

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Idaho voters to decide in 2022 if the legislature can call itself into special session

The Idaho State Legislature referred a constitutional amendment to the 2022 ballot that would allow lawmakers to call a special legislative session. The measure would authorize the president pro tempore of the state Senate and the speaker of the state House to convene a special session of the Idaho State Legislature upon receiving a joint written request from 60% of the members of each chamber. The special session called by the state legislature would have to start no later than 15 days after a written request is received. The special legislative session would be restricted to the subjects specified in the written request from legislators. The amendment would also require organizational legislative sessions on the first Thursday of December following a general election.

Currently, only the governor is authorized to call the state legislature into a special session regarding a specified subject.

According to the National Conference of State Legislatures, 36 states authorize the governor or the state legislature to call a special session, and 14 states authorize only the governor to do so.

Kentucky voters will be voting on a similar ballot measure in 2022 that would extend the power to call a special legislative session from solely the governor to the House speaker and the Senate president.

To put a legislatively referred constitutional amendment before Idaho voters, a two-thirds (66.67 percent) supermajority vote is required in both the Idaho State Senate and the Idaho House of Representatives.

This amendment was introduced as Senate Joint Resolution 102 on Feb. 26, 2021. On March 3, the state Senate passed SJR 102 in a vote of 24-11. On April 20, the state House approved the amendment in a vote of 54-15 with one absent. All but seven Republican legislators voted in favor of the amendment, and all Democratic legislators voted against the change.

The amendment is the first ballot measure certified in Idaho for the 2022 ballot. Between 1996 and 2020, 27 of the 37 ballot measures appearing on Idaho ballots were approved by voters.

So far, 25 statewide measures have been certified for the 2022 ballot in 15 states.

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Anchorage, Alaska local ballot measure recap

Unofficial election results indicate that voters in Anchorage, Alaska approved nine measures and defeated two measures on April 6.

Anchorage voters defeated Proposition 1, a $6.9 million bond measure for construction and renovation of local facilities, with 53% against and 46% in favor.

Proposition 2 was approved with 54% of the vote. Proposition 2 authorized the city to issue $1.15 million in bonds to fund renovations for the Anchorage Senior Activity Center, Chugiak-Eagle River Senior Center, and Loussac Library.

Proposition 3 was approved with 53% of the vote. It allows the city to issue $5.3 million in bonds for transportation projects.

Proposition 4 was approved with 54% of the vote. The measure authorized an increase in the municipal tax cap, not exceeding $5.32 per $100,000 in assessed value, thereby generating an estimated $1.8 million annually. The revenue will be used to purchase for the Anchorage Police Department computer-aided dispatch, record-management, and digital-evidence management systems, in-car and body-worn cameras, and related technologies and services.

Proposition 5 was approved with 57% of the vote. It authorized $36.425 million in bonds to fund roads and storm drainage capital acquisition and renovation of related capital improvements in the Anchorage Roads and Drainage Service Area.

Proposition 6 was approved with 54% of the vote. The measure authorized the city to issue $4 million in bonds to fund parks and recreational services.

Proposition 7 was approved with 60% of the vote. The measure authorized the city to issue $1.95 million in bonds to fund acquiring a replacement fire ladder truck and making AFD facility improvements and related capital improvements in the Anchorage Fire Service Area.

Proposition 8 was defeated by a vote of 48% in favor to 52% against. The measure would have authorized the city to issue $3.9 million in bonds to fund acquiring new APD replacement fleet vehicles and related capital improvements in the Anchorage Metropolitan Police Service Area.

Proposition 9 was approved with 55% of the vote. The measure authorized the city to annex select areas in the Blue Beary Estates Subdivision to the Bear Valley Limited Road Service Area.

Proposition 10 was approved with 66% of the vote. It was designed to de-annex Alpine Terrace Subdivision Block 2, Lot 6 from the Upper O’Malley Limited Road Service Area.

Proposition 11 was approved with 57% of the vote. The measure de-annexes Creekview Estates Subdivision, Lots 1, 2, 3, 4, 5, and 6 from the South Goldenview Rural Road Service Area.

Between 2017 and 2020, there were 29 bond issues on the ballot in Anchorage. Of those, 26 were approved.



West Virginia State Legislature refers three constitutional amendments to 2022 ballot during its 2021 session

The West Virginia State Legislature referred three constitutional amendments to the November 2022 ballot on April 9 and 10, the last days of the legislative session. 

  1. West Virginia No Court Authority over Impeachment Amendment
  2. West Virginia Incorporation of Religious Denominations and Churches Amendment
  3. West Virginia Tax Exemptions for Personal Property Used for Business Activity Amendment

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67 percent) supermajority vote is required in both the West Virginia State Senate (23 votes) and the West Virginia House of Delegates (67 votes). November 2020 elections gave Republicans two-thirds majorities in both chambers when previously at least some support from Democrats to refer amendments to the ballot.

One amendment would 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. The amendment was introduced as House Joint Resolution 2 on February 11, 2021, and passed largely along party lines in each chamber. 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.

The amendment was proposed in response to an investigation and impeachment proceedings for multiple West Virginia Supreme Court Justices in 2018. 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. On October 2, 2018, the Senate censured Justice Beth Walker but did not remove her from office. In October 2018, temporary supreme court justices blocked the Senate from conducting an impeachment trial for Justices Margaret Workman, Robin Davis, and Allen Loughry. A similar amendment was proposed in 2020 but did not receive the necessary two-thirds vote in the House.

Another amendment would authorize the state legislature to pass laws to incorporate churches and religious denominations. The measure was introduced as Senate Joint Resolution 4 (SJR 4) on February 10, 2021. The state Senate approved SJR 4 with a vote of 32-0 with two absent on March 2, 2021. On April 7, 2021, the state House adopted the bill with amendments and sent it back to the state Senate. On April 10, the state Senate did not adopt the amendments and sent the bill back to the state House where it was approved in its original form in a vote of 94-4 with one absent. Four Democratic legislators voted against it.

The third amendment would authorize the state legislature to exempt personal property (machinery, equipment, and inventory) used for business activity from ad valorem property taxes. The amendment was introduced as House Joint Resolution 3 (HJR 3) on February 11, 2021. The state House approved an amended version of HJR 3 with a vote of 84-16 on March 31, 2021. Fifteen Democratic representatives and one Republican voted against it. On April 10, 2021, the state Senate approved the measure with a vote of 29-5. Four Democratic senators and one Republican voted against it.

The West Virginia State Legislature convened on February 10, 2021, and adjourned on April 10, 2021. Republicans held a 23-11 majority in the Senate and a 76-24 majority in the House, which means Republicans had the two-thirds majority required to put a constitutional amendment on the ballot in both chambers. Before the November 2020 elections, Republicans held 20 seats in the Senate and 58 seats in the House, which means they needed at least three votes from Democrats in the Senate and nine votes from Democrats in the House to refer constitutional amendments to the ballot.

The party also controlled the governorship, creating a Republican state government trifecta.

From 1996 through 2020, 73.3% (11 of 15) of statewide ballot measures in West Virginia were approved, and 26.7% (4 of 15) were defeated.

So far, 21 statewide ballot measures have been certified for the 2022 ballot in 12 states.

At the end of the West Virginia session, there were five constitutional amendments that had passed one chamber. Bills are carried over to the 2022 legislative session as long as the sponsor/sponsors remain in office during the next session, and the measure has not been rejected, tabled, or postponed indefinitely. The five outstanding amendments relate to education, term limits, firearms, and veterans.

The state legislature is set to convene on January 12, 2022, and adjourn on March 12, 2022.

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