HB 5622 — Amendments to city charters.

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED Committee Substitute for House Bill 5622 ByBYD DelegateELEGACHIARELLI Chiarelli[Passed [OriginatingMarch in12, the2026; Committee on Government Organization;

Reportedin oneffect February90 26,days 2026]from Engpassage (June 10, 2026)] Enr CS for HB 5622 AAN BILLACT to amend and reenact §8-4-8 and §8-5-5 of the Code of West Virginia, 1931, as amended, relating to city charters;

Whenever the governing body of any city shall deem it expedient to amend the charter of any such city (whether such charter be a special legislative charter or a charter framed and adopted or revised as a whole under the provisions of former §8A-1-1 et seq.,seq. of this code, under §8-3-1 et seq., of this code, or §8-4-1 of this code, as the case may be), it shall, by ordinance, set out in its proper record book the proposed amendment or amendments in full.

of this code, under §8-3-1 et seq.

of this code, or §8-4-1 of this code, as the case may be), it shall, by ordinance, set out in its proper record book the proposed amendment or amendments in full.

If no objections are filed, or if objections are filed and are withdrawn at the time of the Enr CS for HB 5622 hearing, or within 10 days 1 Eng CS for HB 5622 thereafter,  oror if the proposed amendment or amendments are made solely to implement conformity with §8-5-5 and §3-1-31, the governing body shall, by ordinance, adopt the amendment or amendments as an amendment or amendments to the charter, and cause a copy of the amendment or amendments, ordinance, and transcript of the proceedings to be certified to the ClerkWest of the House of DelegatesWest Virginia Secretary of State,State as keeper of the rolls, and to be recorded in the office of the clerk of the county commission.

The same shall be preserved by such Clerk of the House of Delegatesthe West Virginia Secretary of State as an authentic public record.

The amendment or amendments approved, or such of them as may be approved, by a majority of the legal votes cast at the election thereon shall take effect on the date that the declaration of the results showing approval by the voters has been made 2 Eng CS for HB 5622 by the governing body and entered in the minutes of the governing body.

One copy Enr CS for HB 5622 of the amendment or amendments, together with a certified copy of the declaration of results attached thereto, shall be certified forthwith by the recorder of the city to the ClerkWest of the House of DelegatesWest Virginia Secretary of State,State as keeper of the rolls, and another to the clerk of the county commission for recording in the office of such clerk of the county commission.

The same shall be preserved by said ClerkWest of the House of DelegatesWest Virginia Secretary of State as an authentic public record.

The method of charter amendment provided for in this section is not in lieu of but is in addition to the other methods prescribed in this chapterchapter. ARTICLE 5.

ARTICLE 5.

3 Eng CS for HB 5622 (c) Any municipality which establishes its election date by charter provision shall comply with the provisions of this section Notwithstanding any other provision of this code, including any charter-amendment formalities otherwise applicable under this chapter, a municipality may, for the limited purpose of achieving conformity with §3-1-31 and this section, amend or supersede any charter provision, Enr CS for HB 5622 ordinance, or other local enactment governing (i) the municipal election day and (ii) any transitional term lengths necessary to implement the change in election day, by ordinance adopted under subsection (e) of this section.

Prior to any changes being made to the terms of elected municipal officers, the procedure to stagger and/or change the terms shall be set by ordinance and shall be approved by a majority of the voters.

adopted by the governing body.

An ordinance adopted under this subsection may also establish a municipal election day that conforms to §3-1-31 of this code.

Any term-length change authorized by this subsection is limited to a one-time transitional adjustment made solely to implement the change in municipal election day required by §3-1-31 of this code, and thereafter the municipality shall return to its regular term structure as otherwise provided by law or local enactment.

No ordinance adopted under this subsection may operate to extend the term of any incumbent elected municipal officer beyond the term for which the officer was elected.

An ordinance adopted under this subsection may provide for the reduction of term lengths, including 4 Eng CS for HB 5622 current terms, to the extent necessary to achieve conformity with §3-1-31 of this code.

Notwithstanding §6B-2-5(j) of this code, participation by an incumbent elected municipal officer in the adoption of an ordinance under this subsection that reduces the length of the incumbent’s current term solely to achieve conformity with §3-1-31 of this code shall not be deemed a financial interest and shall not require recusal, abstention, or disclosure under the West Virginia Governmental Ethics Act (e) Municipalities may stagger and/or change the terms of elected municipal officers.

Provided, That to implement conformity with subsections (a) and (b) of this section and §3-§3-1-31, 1-31, a municipality may, by ordinance adopted by the governing body, provide for the staggering and/or changing of the terms of elected municipal officers without separate submission to the voters:

(f) ByThe Julyordinance 1,adopted 2032,pursuant anyto municipalitysubsection that(e) hasof notthis previouslysection adoptedfor aconformity municipalwith chartersubsections shall(a) passand an(b) ordinanceof thatthis establishessection aand new§3-1-31 municipalmay electionprovide dayfor upona agreementone-time withtransitional itsshortened countyor commissionlengthened eachterm municipalityfor shallthe conductnext allterm localof municipaloffice elections,commencing includingafter the regularnext election ofto localwhich officers,the municipalordinance bondapplies, elections,solely andfor municipalthe levypurpose elections,of onaligning the terms to coincide with the same dayEnr CS for HB 5622 date as a regularly scheduled statewide primary or general election.election day.

(f) The ordinance adopted pursuant to subsection (e) of this section for conformity with subsections (a) and (b) of this section and §3-1-31 may provide for a one-time transitional shortened or lengthened term for the next term of office commencing after the next election to which the ordinance applies, solely for the purpose of aligning the terms to coincide with the same 5 Eng CS for HB 5622 date as a regularly scheduled statewide primary or general election day.

(g) TheMunicipalities ordinanceare proposedrequired pursuant to paragraphshare (f)in of this section may call for an extension or reduction of the termsadministrative ofcosts office for the purpose of aligningholding theelections terms to coincide with thecounty samecommissions, datebut asthose acosts regularlyshall schedulednot statewideexceed primarythe ormunicipality’s generalpro electionrata day,share whichof questionvoters shallregistered bein resolvedthe bymunicipality majoritycompared votewith of the participatingtotal voters registered in the county:county.

Provided,Enr ThatCS thefor governingHB body5622 shallThe notClerk proposeof anthe extensionHouse of Delegates and the termsClerk of thosethe officesSenate byhereby morecertify thanthat 18the months:foregoing bill is correctly enrolled.

Provided,............................................................... however, That nothing in this section modifies a municipality’s authority to reduce current elected officials’ terms of office in any other manner provided by law (h) (g) Municipalities are required to share in the administrative costs of holding elections with county commissions, but those costs shall not exceed the municipality’s pro rata share of voters registered in the municipality compared with the total voters registered in the county.

Clerk of the House of Delegates ...............................................................

Clerk of the Senate Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates ...............................................................

President of the Senate __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2026.

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Governor 7