West Virginia legislation · 2026 Regular Session
West Virginia HB5401: Relating to voting in West Virginia elections while residing overseas
Status: Signed into law, April 1, 2026
What the bill says
An act to amend and reenact §3-3-1 and §3-3-1a of the Code of West Virginia, 1931, as amended, relating to modifying the eligibility to vote in certain elections of certain persons residing abroad or overseas; defining terms; and providing effective date. ARTICLE 3. VOTING BY ABSENTEES. §3-3-1. Persons eligible to vote absentee ballots. (a) All registered and other qualified voters of the county may vote an absentee ballot in person during the period of early voting. (b) Registered voters and other qualified voters in the county may vote an absentee ballot by mail in the following circumstance.
From the enrolled text, March 14, 2026:
AN ACT to amend and reenact §3-3-1 and §3-3-1a of the Code of West Virginia, 1931, as amended, relating to modifying the eligibility to vote in certain elections of certain persons residing abroad or overseas; defining terms; and providing effective date. ARTICLE 3. VOTING BY ABSENTEES. §3-3-1. Persons eligible to vote absentee ballots. (a) All registered and other qualified voters of the county may vote an absentee ballot in person during the period of early voting. (b) Registered voters and other qualified voters in the county may vote an absentee ballot by mail in the following circumstances: (1) Any voter who is confined to a specific location and prevented from voting in person throughout the period of voting in person because (B) Physical disability or immobility due to extreme advanced age; or (C) Incarceration or home detention if the underlying conviction is not for a crime which is a felony or a violation of §3-9-12, §3-9-13, or §3-9-16 of this code involving bribery in an election; (2) Any voter who is absent from his or her county of residence throughout the period and available hours for voting in person because (B) Attendance at a college, university, or other place of education or training; or (C) Employment which because of hours worked and distance from the county seat make voting in …