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Bill > HJR40
WV HJR40
WV HJR40Relating to the legislative powers held by the people of the state and the Legislature.
summary
Introduced
02/17/2026
02/17/2026
In Committee
02/17/2026
02/17/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
Proposing an amendment to the Constitution of the State of West Virginia amending section one, article VI thereof; amending section two, article XIV thereof by amending said Constitution by adding a new article, designated article XV, relating to the legislative powers held by the people of the state and the Legislature; and the power of the registered voters and the power of the Legislature to propose laws and amendments to this Constitution; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
AI Summary
This resolution proposes an amendment to the West Virginia Constitution that would grant registered voters the powers of initiative and referendum, allowing them to propose and vote on new laws and amendments to the Constitution through a petition process, and to reject laws passed by the Legislature. The initiative power allows voters to propose statutes and constitutional amendments, which, if a proper petition is filed, can be enacted by a simple majority vote at a scheduled election, and this power is not subject to the Governor's veto. The referendum power allows voters to propose the rejection of newly enacted laws or parts of laws, which, if a proper petition is filed, will be put to a vote at a scheduled election for approval or rejection by a simple majority. Both powers have specific requirements for the number of signatures needed on petitions, varying for district-specific and statewide measures, and include limitations such as not being able to propose legislation that the Legislature itself cannot enact, or to amend the proposed new article. The resolution also outlines procedures for the Legislature to establish regarding petition processes, signature verification, election conduct, and disclosure of campaign contributions, while emphasizing that these powers should be liberally construed to ensure the people's ability to propose and vote on laws is not hindered by overly complex procedures.
Committee Categories
Justice
Sponsors (6)
Shawn Fluharty (D)*,
Rick Garcia (D),
Anitra Hamilton (D),
Sean Hornbuckle (D),
Hollis Lewis (D),
John Williams (D),
Last Action
To House Judiciary (on 02/17/2026)
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