Petition Doesn’t Force W.V. Lawmakers to Act | Courthouse News Service
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Petition Doesn’t Force W.V. Lawmakers to Act

(CN) - The West Virginia Legislature is not required to enact laws reforming a county government simply because voters filed a petition asking them to do so, the state appeals court ruled.

In May 2003, voters presented a petition to reform the county government of Hampshire County, W.V. The voters sought a court order forcing the Legislature to act on reform proposals.

Kanawha County Court ruled that the Legislature has a duty to pass legislation that would put the issue before Hampshire County voters.

The appeals court reversed, finding no such duty in the state Constitution.

"Receipt of a request from a county commission to act upon a petition signed by 10 percent of that county's voters to reform the county's government simply triggers the legislative process," Judge Benjamin wrote.

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