West Virginia legislation · 2026 Regular Session
West Virginia HB4709: Relating to changing the process of election litigation
Status: Passed one chamber, February 18, 2026
What the bill says
To amend and reenact §3-1-45 of the Code of West Virginia, 1931, as amended, relating to legal standing of the West Virginia Legislature in court actions related to unauthorized changes to election laws and rules; and defining its right to intervene in such litigation. ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS. §3-1-45. Court proceedings to compel performance of duties, standing of the West Virginia Legislature, etc. (a) Any officer or person upon whom any duty is imposed by this chapter may be compelled to perform his or her duty by writ of mandamus. The circuit courts, or the judg.
From the introduced text, January 21, 2026:
A BILL to amend and reenact §3-1-45 of the Code of West Virginia, 1931, as amended, relating to legal standing of the West Virginia Legislature in court actions related to unauthorized changes to election laws and rules; and defining its right to intervene in such litigation. ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS. §3-1-45. Court proceedings to compel performance of duties, standing of the West Virginia Legislature, etc. (a) Any officer or person upon whom any duty is imposed by this chapter may be compelled to perform his or her duty by writ of mandamus. The circuit courts, or the judges thereof in vacation, shall have jurisdiction by writ and shall, upon affidavit filed showing a proper case, issue a writ to be returned, heard, and determined within fifteen days from the commencement of the proceedings. If a circuit court, or a judge thereof in vacation, shall proceed against any board of canvassers by mandamus, or otherwise, to control, in any manner, the action of the board in the performance of its duties, under the provisions of this article, in any case concerning the election of a member of the House of Delegates, or a state senator, and shall fail to enter a final order in the proceedings, settling all questions presented therein within fifteen days from the commencement of the …