Establish a Process for the Selection and Oversight of Delegates for a West Virginia Article V Convention Delegation.

2026 Regular Session Introduced by Eric Brooks and 7 co-sponsors

Establishes a state framework to select and oversee West Virginia delegates for an Article V convention, with governance, oversight, and procedural rules.

To House Judiciary

#legislature

Purpose and Intent

Create a formal, state-level framework for selecting and supervising delegates who would represent West Virginia in a potential Article V Constitutional Convention (an Article V convention) under the U.S. Constitution.

Clarify governance, oversight, and procedural steps to ensure delegates are chosen and monitored in accordance with state policy and to address concerns related to a convention-level process.

Key Provisions and Changes

Establishes a defined process for selecting delegates to an Article V convention. This includes criteria or procedures for who can be a delegate and how they are chosen.

Creates oversight mechanisms to monitor delegates, likely including reporting requirements, ethical guidelines, and accountability measures.

Sets procedural rules that govern how the delegation would operate prior to and during a hypothetical Article V convention, including potential timelines or milestones.

May outline roles and responsibilities of state officials, commissions, or entities tasked with administering the selection and oversight process.

Specifies potential conditions or limitations on delegates' conduct, voting, or participation, and consequences for violations.

Addresses coordination with other states or state-level actions related to pursuing or preparing for an Article V convention.

Affected Parties

Primary: West Virginia residents and citizens who may be represented by delegates to an Article V convention.

Delegates: Individuals who would be selected as part of the West Virginia delegation.

State government actors: Department or agency responsible for administering the process, plus any commissions or committees established or designated by the bill.

Legislative branch and judiciary: Given the bill’s origin in the House and referral to Judiciary, these branches are involved in oversight, interpretation, and any enforcement.

Procedural and Timeline Aspects

The bill has been introduced and assigned to the House Judiciary committee as of February 13, 2026, with multiple sponsors.

If enacted, the bill would operationalize a pre-convention framework, including timelines for selection and ongoing oversight. Specific dates or deadlines would be defined within the statute or implementing regulations.

Any implementation would likely require rulemaking or guidance to carry out the selection process and oversight duties.

Practical Implications

Provides a structured approach to a politically sensitive topic (Article V conventions), aiming to reduce ambiguity about how West Virginia would participate.

Potentially increases transparency and public confidence by detailing how delegates are chosen and monitored.

Could influence how future constitutional convention discussions are pursued at the state level, including potential coordination with other states.

Notes

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