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, public school districts, vocational schools, or state-supported colleges, provided that such employment existed prior to their election. The West Virginia Ethics Commission would have the authority to grant exceptions for dual employment under these conditions.
The proposed amendment, designated as "Amendment No. 1" and referred to as the "Legislature Seat Eligibility Amendment," aims to reestablish and clarify the eligibility requirements for state officers and employees, as well as certain political subdivisions, to serve in the Legislature. The resolution mandates that this amendment be presented to voters during the next general election in 2026 for ratification or rejection. The overall intent is to ensure that individuals holding specific positions do not simultaneously serve in the Legislature, thereby maintaining the integrity and independence of legislative roles.