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WV SB61

Bill

Status

Engrossed

2/2/2026

Primary Sponsor

Eric Tarr

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Prohibits counting any ballot cast in a manner not expressly provided by West Virginia election law, with no exceptions for technical errors in ballot submission procedures
  • Mandates that provisional ballots shall not be counted by election officials on election day, changing previous discretionary language from "may" to "shall"
  • Explicitly bars counting ballots cast in incorrect precincts, except for voters with disabilities whose assigned polling location is not accessible
  • Creates a misdemeanor offense (fine $1,000-$10,000, up to 1 year imprisonment) for violations of provisional ballot counting procedures
  • Establishes a felony offense (fine $10,000-$20,000, 1-5 years imprisonment) for knowingly counting absentee ballots that miss deadlines or lack required voter signatures

Legislative Description

Prohibiting acceptance of illegal ballots cast in any election

Elections

Last Action

To House Judiciary

2/3/2026

Committee Referrals

Judiciary2/3/2026
Judiciary1/14/2026

Full Bill Text

No bill text available