The resolution proposes an amendment to the Constitution of West Virginia, specifically targeting the eligibility criteria for individuals seeking a seat in the Legislature. It seeks to amend Section 13 of Article VI, stipulating that individuals holding lucrative positions in state, federal, or foreign governments, as well as members of Congress and certain local officials (sheriffs, constables, and court clerks), are ineligible to serve in the Legislature. However, the amendment introduces provisions allowing elected state officials to hold dual employment in specific state agencies, public school districts, vocational schools, or state-supported colleges, provided that such employment existed prior to their election. The West Virginia Ethics Commission would oversee and authorize these dual employment situations.
The resolution further outlines that the proposed amendment will be presented to voters during the 2026 general election, and it is designated as "Amendment No. 1" or the "Legislature Seat Eligibility Amendment." The primary purpose of this amendment is to clarify and reestablish the eligibility requirements for state officers and employees, ensuring that those in certain positions are not barred from serving in the Legislature while maintaining ethical standards.