The Executive Branch

The executive branch's main duty is to execute, or carry out laws made by the Legislature or the Constitution. It also carries out the daily affairs of the state and oversees state agencies such as the Departments of Transportation, Revenue, Health and Human Resources, Administration and all divisions that fall under these agencies. To help carry out its duties, West Virginia voters elect six key figures of the executive branch:

• Governor
• Commissioner of Agriculture
• Attorney General
• The State Auditor
• Secretary of State
• Treasurer

The most well-known figure of these six state officials is the governor. The governor is elected to a four-year term and can serve a maximum of two consecutive terms.

The governor is given the privilege and right to address the state legislature in the annual State of the State Address. This speech provides an opportunity for the governor to announce their priorities, agenda, and proposed budget–expected state expenditure–to the Legislature.

Veto privilege is also given to the governor. A veto allows the governor to express disapproval and rejection of a legislative decision or proposal. He or she may choose to use the veto if a piece of legislature does not conform to the administration’s philosophy and cannot be modified to complement the governor’s long-range plans. Additionally, the governor may extend legislative sessions and call for special sessions if necessary.

The governor plays a part in the judicial system as well. He or she can levy fines and penalties and grant reprieves and pardons to persons convicted of certain crimes. The governor is the only state official vested with these powers.

The Legislative Branch

The legislative branch is the branch of government that makes the laws. West Virginia's Legislature is bicameral legislature, meaning there are two houses of the Legislature. Our Legislature is divided into a Senate with 34 members and a House of Delegates with 100 members.

Both the Senate and House districts are arranged according to population. Additionally, both the Senate and the House have a presiding officer elected by the majority party as well as other officers that play key roles in the legislative process. The presiding officer of each house then selects members for roles like Majority Leader and Majority Whip as well as committee chairs and majority party members for those committees. The Majority Leader and Majority Whip promote the majority party’s agenda with the Majority Leader playing a more visible role. Each presiding officer also selects the President/Speaker Pro Tempore. In the event that the President or Speaker is unable to chair the floor session, the President/Speaker Pro Tempore will act as the substitute presiding officer.

The West Virginia State Senate

The West Virginia House of Delegates

Presiding Officer: President of the Senate Two senators represent each district. State senators in West Virginia are elected in alternating years and serve four-year terms. Some senators are elected during the presidential election years while others are elected during midterm elections. This creates staggered terms and prevents all 34 state senator seats from being up for election at the same time.

Presiding Officer: Speaker of the House There are 100 members of the West Virginia House of Delegates and each delegate serves a two-year term. Unlike the state Senate, all 100 members are up for election at the same time at the end of their two-year term. Additionally, the number of delegates from each district depends on the population in that district.

The minority party also elects officers to promote their party's agenda. The Minority Leader is elected by the minority party. The Minority Leader selects the Minority Whip as well as the minority party's membership to the committees.

According to the West Virginia Constitution, the Legislature meets annually for 60 consecutive days commencing on the second Wednesday in January. However, in an inaugural year–the year a new governor is inaugurated–the legislative session begins on the second Wednesday in February. During these 60 days that proposals, or ideas, can become law.

The Judicial Branch

The Judicial Branch interprets the laws and is comprised of  supreme, circuit,  magistrate (local), and municipal (city) courts. Duties of the judicial branch include:

The state judges are elected by the citizens rather than being appointed. Since April 2023, West Virginia's state judges are elected through non-partisan elections. The duties of the judicial branch include:

• Interpreting state laws
• Settling legal disputes
• Punishing violators of the law
• Hearing civil cases
• Protecting individual rights granted by the state constitution
• Determining guilt or innocence for those accused of violating the laws of the state
• Acting as a check upon the legislative and executive branches of state government

Rather than being appointed, West Virginia's state judges run for office as a member of a political party and are elected by the citizens.

The Supreme Court of Appeals is the highest court in West Virginia and it supervises the lower courts. It is composed of five judges who are elected for twelve-year terms by voters. One of the five West Virginia Supreme Court justices is selected to be the chief justice. The selection process is a rotation among the five justices. Each one serves as the chief justice for one year. One of the chief justice's duties includes submitting a budget to the legislature. According to the state constitution, the Supreme Court will be appropriated for whatever amount it requests. The chief justice also assigns justices to write opinions and decisions of the court.

Most cases brought before the Supreme Court are appeals that have already been tried in the circuit or magistrate courts. Once a decision is made by the Supreme Court, it is the final decision, with the exception of conflicts between state and federal laws, which may be appealed to the United States Supreme Court.

The Supreme Court is required to meet twice a year–in January and in September– but may hold special terms when necessary. The Supreme Court has the authority to determine if state laws and actions of state officials, including the governor, are constitutional. Laws and executive orders cannot be enforced if they violate the state constitution.

Reference: West Virginia Legislature: Office of Reference & Information

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Reference: West Virginia Legislature: Office of Reference & Information