State Government
West Virginia's state government is divided into three branches: the executive, legislative, and judicial branches. Though each branch has its own powers, it is also able to limit the actions of others to prevent any one branch from becoming too powerful, creating a system of checks and balances.
Executive Branch
The executive branch carries out and enforces the laws of West Virginia.
About the Executive Branch
The executive branch of West Virginia's government is responsible for carrying out the laws created by the Legislature and Constitution. The executive branch is also responsible for administering the daily operations of state government including the management and overseeing of state agencies including the Departments of Transportation, Revenue, Human Services, Health, Administration, and all divisions that fall under these agencies.
West Virginia voters elect six key officials to lead the executive branch:
Key Officials
Governor
The governor, the most prominent and well-known of these officials, is elected by the citizens to a four-year term. He or she can serve a maximum of two consecutive terms.
The governor leads the state by proposing the state budget and setting legislative priorities in the annual State of the State Address. The governor is also given the privilege to veto bills, extend or call special legislative sessions, as well as levy fines and penalties and grant pardons or reprieves to persons convicted of certain crimes. The governor is the only state official who is vested with these powers.
Did You Know?
As the second ranking consitutional officer in the state, the President of the Senate serves as the state's Lieutenant Governor. If for any reason the governor must resign or becomes unable to fulfill his or her duties, the President of the Senate would succeed to the office of Governor. The Speaker of the House is next in the line of succession.
Resources
Veto Power
A veto allows the governor to express disapproval and rejection of a legislative decision or proposal. The governor 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.
Legislative Branch
The legislative branch makes state laws through a two-house legislature.
About the Legislative Branch
The legislative branch of West Virginia government makes the laws for the state through a bicameral legislature. In West Virginia, this consists of the West Virginia State Senate and the West Virginia House of Delegates.
Per the West Virginia State Constitution, the Legislature meets annually for 60 consecutive days starting on the second Wednsday in January (or February in a governor's inaugural year). During this time, proposals (ideas) can become law.
About Each Chamber
Both the Senate and the House districts are arranged according to population.
- The 100-member House of Delegates
- One delegate represents each of the 100 delegate districts
- Each delegate is elected for a two-year term
- All 100 delegate seats are up for election at the same time
- The 34-member Senate
- Two senators represent each of the 17 senatorial districts
- Each senator serves a staggered, four-year term
- This prevents all 34 state senator seats from being up for election at the same time.
Each chamber is led by a presiding officer—the President of the Senate and the Speaker of the House—who are each elected by the majority party. These leaders appoint key roles including Majority Leader and Majority Whip as well as committee chairs and majority party members for committees.
Each presiding officer also selects the President/Speaker Pro Tempore.
The minority party also elects its own leadership, including the Minority Leader and the Minority Whip.
Resources
Bicameral Legislature
A lawmaking body that has two separate houses or chambers. In West Virginia, this is the West Virginia State Senate and the West Virginia House of Delegates.
Majority Leader and Majority Whip
The Majority Leader and Majority Whip promote the majority party's agenda with the Majority Leader taking on a more visible role during a floor session. They also serve as spokesmen for the majority party's political position and act as liaisons for the leadership with full membership and the members of their party.
President/Speaker Pro Tempore
If the President of the Senate is unable to chair the floor session, the President Pro Tempore will act as the presiding officer as a substitute. Likewise, if the Speaker of the House is unable to chair the floor session, the Speaker Pro Tempore will act as the presiding officer as a substitute.
Minority Leader and Minority Whip
The Minority Leader and Minority Whip serve as spokesmen for their party and promote the minority party's agenda. The Minority Whip is appointed by the Minority Leader.
West Virginia State Senator Elections
Some members of the West Virginia State Senate are elected during the presidential election years while others are elected during midterm elections.
Judicial Branch
The judicial branch interprets and applies the laws through a system of courts.
About the Judicial Branch
The Judicial Branch interprets the laws of West Virginia through a system of courts that includes the Supreme Court, Intermediate Court of Appeals (ICA), circuit courts, family courts, and magistrate (local) courts.
Judges in West Virginia are elected by citizens rather than being appointed. Since April 2023, state judge elections have been conducted through nonpartisan elections.
Key duties of the judicial branch include:
- Interpreting state laws
- Settling legal disputes
- Hearing civil cases
- Protecting individual rights granted by the state constitution
- Determining guilt or innocence of those accused of violating the laws of the state
- Punishing violators of the law
- Acting as a check upon the legislative and executive branches of state government
The Supreme Court of Appeals
The West Virginia Supreme Court of Appeals, is the highest court in the state. It oversees lower courts of the state and has the authority to determine if state laws and actions of state officials, including the Governor, are constitutional.
The West Virginia Supreme Court is comprised of five justices, each elected to a twelve-year term by voters and a chief justice is selected by members of the court.
The Supreme Court is required to meet for two terms each year with the first term beginning in January and the second term beginning in September. However, special terms may be called as necessary. Most cases brought before the Supreme Court are appeals that have already been tried in the circuit or magistrate courts. Decisions made by the West Virginia Supreme Court of Appeals can only be appealed to the Supreme Court of the United States.
Resources
Nonpartisan Election
A nonpartisan election is an election where candidates' political party affiliations are not listed on the ballot.
Chief Justice of the West Virginia Supreme Court of Appeals
The chief justice of the West Virginia Supreme Court serves a one-year term and is selected by members of the court. The selection process rotates between the five justices. Each serves as chief justice for one year at a time.
Duties of the chief justice include assigning justices to write opinions and decisions of the court and submitting a budget to the Legislature.
Appeal
Review of a case by a higher court
Local Government (County)
Government officials also serve at the county level. Each of West Virginia's 55 counties are governed by an elected county commission that receives its authority and structure by the state's legislature.
County Commissions
Information about West Virginia's 55 county commissions and their responsibilities.
About County Commissions
Each of West Virginia's 55 counties is governed by a county commission. Most counties have a three-member commission, but Jefferson and Berkeley counties are exceptions, each having a five-member commission.
County commissioners are elected by county voters for six-year terms, with one commissioner chosen every two years in a staggered election cycle. No two commissioners can be elected from the same magisterial district. County commissioners also annually elect one of their members to serve as commission president.
County Commission Officials
- County Commissioner: An elected member of the county commission
- Commission President: Leads the County Commission and works with state legislators and agencies, associate member organizations, and national associations to advance the moral, financial, and general welfare of West Virginia's local governments
County commissions in West Virginia act as both the legislative and executive branches of government at the county level. The judicial branch at the county level includes circuit, family, and magistrate courts.
Resources
County Services
Details about government services provided at the county level throughout West Virginia.
About County Governments
At the center of each of West Virginia's fifty-five counties is a county seat. The county seat serves as the central hub for the county-level government and services.
County-Level Services
Counties in West Virginia provide a wide range of services to residents. These services vary by county but typically include:
Common Services
- Sheriff's Department and law enforcement
- Emergency services and 911 dispatch
- Health departments and public health services
- Parks and recreation
- Waste management
- Libraries
- Animal control
Other services include, but are not limited to: health and welfare services, culture and receation, social services, housing authorities, and educational services such as county school boards and community colleges. Counties also provide local infrastructure services like public utilities including water and sewage. However, most roads and bridges, including county routes, are maintained at the state level though some counties share that responsibility with the state.
Resources
County Officials
Details about various county government offices and officials in West Virgina.
County-Level Officials
Counties in West Virginia provide a wide range of services to residents. These services vary by county but typically include:
County Officials
- County Commissioner: An elected member of the county commission
- Commission President: Leads the County Commission and serves as chief executive of the county commission
- County Clerk: An elected county official who manages the records of the county commission and election duties among other responsibilites
- Assessor: An elected county official who is charged with the duty to discover, list, and value all real and personal property within the county's boundaries.
- Sheriff: An elected county official who serves as the county's chief law enforcement officer
- Prosecuting Attorney: An elected county official who serves as the chief legal officer for the county and works closely with local law enforcement to provide legal counsel
- Board of Education: An elected five-member board who is charged with supervising and controlling the county school district
Resources
County Commissioner
Serves a six-year term; one commissioner is elected every two years so that the terms are staggered. Along with the other commissioners, establishes the county's budget, reviews property assessments, and sets property tax rates, along with several other duties.
Commission President
Commission presidents also work with state legislators and agencies, associate member organizations, and national associations to advance the moral, financial, and general welfare of West Virginia's local governments.
County Clerk
The county clerk is also charged with serving as the fiscal officer of the county commission and receiver of fees charged for the instruments filed and recorded within the county. County clerks are also in charge of deeds and voter registration for the county
County Assessor
Each tax year, county assessors must determine the value of all real and personal property at fair market value.
County Sheriff
County sheriffs are responsible for providing law enforcement to the county and helping to keep the peace by ensuring that all local, state, and federal laws are followed. County sheriffs are also involved in county tax collection.
County Prosecuting Attorney
County prosecuting attorneys prosecute all crimes including both misdemeanors and felonies within the county. The duties of county prosecuting attorneys also include providing legal counsel and representation to county offices and agencies, requesting warrants, trying cases before magistrate and circuit judges, and several other legal matters for the county. County prosecuting attorneys are also sometimes called upon by the state Attorney General in cases that involve both the state and county.
County Board of Education
County boards of education work with the West Virginia Department of Education to govern the local school district. Members of the county board of education are nominated and elected in a nonpartisan election by county voters. Per §18-5-1 of the West Virginia Constitution, no more than two members of the board of education can be elected from the same magisterial district. Duties of the county board of education include setting educational policies (in addition to state requirements), approving budget and curriculum, and hiring school employees including the school superintendent.
Local Government (Municipal)
Municipalities
Learn about city, town, and village governments in West Virginia.
About Municipal Governments
According to data from the U.S. Census Bureau, there are 230 incorporated municipalities in West Virginia as of July 2024. These local governments provide governance and services to residents within their boundaries.
Forms of Municipal Government
- Mayor-Council: Elected mayor serves as chief executive with an elected 5- to 7-memeber city council serving as representatives for local residents
- Council-Manager: Elected city council members establish policies and ordinances and an elected or appointed mayor presides over the council. A manager, hired by the council, is in charge of the day-to-day operations of the city government
- Commission: 3 or 5 elected commissioners share administrative duties to form a city commission. An elected or appointed mayor has equal power to the city commission.
Classification
West Virginia municipalities are classified by population:
- Class I: Cities with more than 50,000 residents
- Class II: Cities with more 10,000 and fewer than 50,000 residents
- Class III: Cities with more 2,000 and fewer than 10,000 residents
- Class IV: Towns or villages with fewer than 2,000 residents
Resources
Local Services
Information about services provided by local governments.
Municipal Services
Much like at the county level, cities and towns/villages in West Virginia provide a variety of services to their residents, including:
- Police and fire protection
- Emergency services
- Water and sewer services
- Street maintenance
- Parks and recreation
- Zoning and building code enforcement
- Trash collection
- Public transportation (in larger cities)
Municipal Courts
Per West Virginia Code §8-10-2, municipalities in West Virginia may establish a municipal court. Municipal courts have limited jurisdiction and typically the majority of cases brought before a municipal court involve violations of municipal ordinances and traffic infractions. Municipal court judges are either elected or appointed.
Special Districts
In addition to municipalities, West Virginia has special-purpose districts that provide specific or specialized services. Such special districts may include:
- Public Service Districts (i.e. water, sewer, stormwater, etc.)
- Soil Conservation Districts
- Fire Districts (usually established outside of city limits)
- Airport Authorities