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WV SB838
Bill
Status
2/9/2026
Primary Sponsor
Robbie Morris
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AI Summary
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Establishes that a person's residence for voting purposes is where their habitation is fixed and where they intend to return when absent, with the bedroom or usual sleeping area location being determinative when a residence is divided by district boundaries
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Creates a formal challenge process for residency disputes, requiring election officials to file challenges with the county commission clerk and giving applicants 30 days to appear with evidence of residency after receiving certified mail notice
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Allows persons without traditional residences (such as those experiencing homelessness) to register based on their usual sleeping location and permits listing a mailing address different from their residence address
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Preserves residency for persons temporarily away from home, including government employees working in other locations, school teachers temporarily relocated for work, and elected officials with secondary residences
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Permits students to claim their college community as their domicile if they intend to make it their home while attending school, without requiring intent to stay beyond graduation, and allows spouses to establish separate domiciles for voting purposes
Legislative Description
Defining residence for purpose of registration and voting in WV
Elections
Last Action
To Judiciary
2/9/2026