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HB 4320

Relating to authorizing the Secretary of State to promulgate a legislative rule relating to loan and grant programs under the Help America Vote Act for the purchase of voting equipment, election systems, software, services, and upgrades.

2026 Regular Session Introduced by Doug Smith

Authorizes the Secretary of State to implement a legislative rule (153 CSR 10) governing HAVA loan and grant programs for buying/upgrading voting tech and services.

To House Judiciary
#legislature--rulemaking
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WeVote Research Nonpartisan
Bill Summary · HB 4320

Overview

HB 4320, introduced in the 2026 Regular Session of the West Virginia Legislature, would authorize the Secretary of State to promulgate a legislative rule related to loan and grant programs under the Help America Vote Act (HAVA) for the purchase of voting equipment, election systems, software, services, and upgrades.

Purpose and intent

  • To authorize the Secretary of State to promulgate a legislative rule governing HAVA-funded loan and grant programs that support the procurement and upgrading of voting technology and related services.
  • The rule referenced is identified as 153 C.S.R. 10 and is already filed in the State Register (June 24, 2025) under the authority of §3-1-48 of the West Virginia Code.
  • The bill formalizes the ability of the Secretary of State to adopt and implement that rule as part of state law.

Key provisions

  • Amends and reenacts §64-9-1 of the West Virginia Code (Chapter 64, Article 9) to authorize the Secretary of State to promulgate the legislative rule concerning HAVA loan and grant programs for:
    • Purchase of voting equipment
    • Election systems
    • Software
    • Services
    • Upgrades
  • The referenced rule is the 153 C.S.R. 10 rule, already filed in the State Register, and created under §3-1-48 authority.
  • The bill notes that this section is new, and thus traditional strike-through/underline formatting for amendments is not needed.

Affected entities

  • Primary: Secretary of State (executive branch)
  • State agencies and offices involved in elections and election infrastructure that utilize HAVA funds
  • Local election offices and school districts or other entities eligible for HAVA loans or grants, as defined by the rule and HAVA provisions

Procedural and timeline aspects

  • The rule in question was filed in the State Register on June 24, 2025 (153 CSR 10) under existing statutory authority.
  • The bill’s action history shows:
    • January 14, 2026: Introduced in House; referred to Government Organization and then Judiciary
    • January 30, 2026: Passed in committee (Do pass, but first to Judiciary)
    • The bill currently reflects authorization of the rulemaking process rather than new appropriations or funding changes
  • The bill relies on and endorses the pre-existing rule rather than creating new program parameters beyond formal authorization.

Potential impact

  • Provides statutory authorization for the Secretary of State to implement and supervise a legislative rule governing HAVA-related loan and grant programs for election infrastructure.
  • Enables structured, state-law-backed access to funds and mechanisms for purchasing or upgrading voting equipment, systems, software, and related services.
  • Aims to improve consistency and legality of HAVA-funded procurement and reimbursement processes across election offices in the state.
  • Could influence the timeline and criteria used by the Secretary to award loans or grants, contingent on the content of 153 CSR 10.

Summary

HB 4320 is a targeted statutory measure to affirm and authorize the Secretary of State to promulgate a specific legislative rule (153 CSR 10) that governs HAVA loan and grant programs for acquiring and upgrading voting technology and related services. It codifies the rulemaking authority under existing statutes and aligns state law with the management of federal election funds and procurement activities.

Compiled from official sources — confirm details with the bill’s official record.

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