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WV HB5401
Bill
Status
3/3/2026
Primary Sponsor
Joe Funkhouser
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AI Summary
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Establishes voting eligibility for U.S. citizens temporarily residing abroad who were domiciled in West Virginia before departure, provided they hold valid proof of citizenship, do not establish permanent residency elsewhere, and intend to return to the state
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Creates new category of "overseas federal election voter" for U.S. citizens born outside the country whose parent, legal guardian, or spouse was last eligible to vote in West Virginia, allowing them to vote in federal elections only
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Defines "overseas state and federal voter" as citizens residing abroad with uncertain return intent who were previously domiciled and registered (or eligible) in West Virginia, permitting them to vote in both state and federal elections
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Removes previous language that broadly allowed overseas voters to vote based solely on their last U.S. domicile, replacing it with more specific eligibility categories and documentation requirements
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Adds definitions for "federal election" (presidential, vice presidential, U.S. Senate, and House races) and "state election" (governor, state constitutional officers, legislature, and constitutional amendments)
Legislative Description
Relating to voting in West Virginia elections while residing overseas
Elections
Last Action
Communicated to Senate
3/14/2026