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Introduced Version
Senate Concurrent Resolution 28 History
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Key: Green = existing Code. Red = new code to be enacted
SENATE CONCURRENT RESOLUTION 28(By Senator Stuart)[Introduced February 14, 2024]Directing the Secretary of State to remove President Joseph R. Biden, Jr. from the primary and general election ballot in this state as an eligible candidate for the office of President of the United States in 2024.Whereas, Since January 20, 2021, more than 8 million people, including documented terrorists, violent criminals, child predators, and human traffickers have illegally entered the United States on our southern border; andWhereas, President Biden has engaged in an insurrection by refusing to enforce border security in the state of Texas through total and willful disregard of the law and inviting, encouraging, and allowing for illegal immigrants to invade the southern border; andWhereas, The 14th Amendment of the United States Constitution states that Americans who take an oath to uphold the Constitution, but then engage in insurrection are thereby disqualified from holding future public office; andWhereas, The border invasion is a willful insurrection, directly caused by President Biden, thereby precluding the President from being on the ballot based on the 14th Amendment; andWhereas, Further, the recent report issued by Robert K. Hur, the special counsel, effectively states that the President is incapacitated based upon his elderly status and memory lapses; andWhereas, In the report, Mr. Hur said the memory of the then-80-year-old president was so hazy during five hours of interviews over two days that it would be difficult to convince jurors that Mr. Biden knew his handling of the documents was wrong; andWhereas, According to the report, "He did not remember when he was vice president, forgetting on the first day of the interview when his term ended (‘if it was 2013 — when did I stop being vice president?’), and forgetting on the second day of the interview when his term began (‘in 2009, am I still vice president?’)," the report said; andWhereas, The report states that "He [President Biden] did not remember, even within several years, when his son died; andWhereas, The 25th Amendment is a procedure for replacing the President in the event of death, removal, resignation or incapacitation; andWhereas, President Biden has willfully engaged in an insurrection at the southern border as defined in the 14th Amendment, and is incapacitated to hold office per the 25th Amendment; therefore, be it Resolved by the Legislature of West Virginia:That the Secretary of State is hereby directed to remove President Joseph R. Biden, Jr. from the primary and general election ballots in this state as an eligible candidate for the office of President of the United States in 2024; and, be itFurther Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the West Virginia Secretary of State.
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