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 clarify that no person holding a lucrative office or employment under the state, federal government, or foreign governments, including members of Congress and certain local officials, can be eligible for legislative positions. However, it introduces provisions allowing elected state officials to hold dual employment in specific state agencies, educational institutions, and other designated roles, provided that such employment commenced prior to their election. The West Virginia Ethics Commission would oversee and authorize these exceptions.
The proposed amendment, designated as "Amendment No. 1" and referred to as the "Legislature Seat Eligibility Amendment," aims to reestablish and refine the eligibility requirements for state officers and employees, ensuring that those in certain positions are not barred from serving in the Legislature. The resolution mandates that this amendment be presented to voters during the general election in 2026 for ratification or rejection.