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Bill > HB4477


WV HB4477

WV HB4477
To give the Secretary of State authority to refer allegations of violations of election laws to West Virginia Prosecuting Attorneys Institute.


summary

Introduced
01/16/2026
In Committee
01/21/2026
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

The purpose of this bill is to provide the Attorney General with prosecutorial power over county and municipal elected officials in certain circumstances The bill also requires the Secretary of State to refer potential election fraud to the Attorney General for prosecution instead of a county prosecuting attorney.

AI Summary

This bill modifies existing West Virginia law to change how alleged election law violations are handled. Currently, the Secretary of State investigates election frauds and irregularities and reports them to appropriate local prosecuting officials. This bill adds a provision requiring the Secretary of State to provide a written report of any such violations to the prosecuting attorney of the county where the alleged violation occurred. Upon receiving this report, the county prosecuting attorney must then refer the matter to the West Virginia Prosecuting Attorneys Institute, a state-level organization composed of all 55 county prosecuting attorneys. This Institute will then appoint a special prosecuting attorney to investigate the report and decide whether to initiate criminal proceedings. The special prosecuting attorney must provide a written report to the Secretary of State within 60 days, indicating whether criminal proceedings will be initiated, or if more time is needed, providing periodic status updates until a final determination is made. The West Virginia Prosecuting Attorneys Institute is an existing body that provides training, resources, and can appoint special prosecutors for various legal matters.

Committee Categories

Justice

Sponsors (11)

Last Action

On 2nd reading, House Calendar (on 02/02/2026)

bill text


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