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HB 2131

Relating to changing the process of election litigation

2025 Regular Session Introduced by Joe Funkhouser and 1 co-sponsor

House Bill 2131 empowers West Virginia's Legislature to challenge unauthorized election law changes, ensuring timely court resolutions and protecting voter rights.

To Judiciary
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Bill Summary · HB 2131

Summary of House Bill 2131

Bill Number: HB 2131
Title: Relating to changing the process of election litigation
Status: To Judiciary
Introduced: February 12, 2025
Classification: Bill
Subject: Elections

Purpose and Intent

House Bill 2131 aims to amend the legal framework governing election-related litigation in West Virginia. The primary intent of the bill is to establish the legal standing of the West Virginia Legislature in court actions concerning unauthorized changes to election laws and regulations. This legislation seeks to ensure that the Legislature can intervene in such cases, thereby reinforcing its role in maintaining the integrity of the electoral process.

Key Provisions

The bill proposes several significant changes to §3-1-45 of the Code of West Virginia, 1931, as follows:

  1. Legal Standing of the Legislature:

    • The West Virginia Legislature will have the authority to initiate legal actions against state officials, including the Governor and Secretary of State, who attempt to make unauthorized changes to election laws or regulations.
    • This includes actions taken through settlement agreements or consent decrees.

  2. Right to Intervene:

    • The Legislature may intervene as a matter of right in any lawsuit involving state agencies or officials regarding the legality or constitutionality of election laws.
    • This provision ensures that the Legislature is recognized as a necessary party in litigation that affects election laws.

  3. Court Proceedings:

    • The bill outlines specific timelines for court proceedings related to election disputes, including:
      • Circuit courts must issue a writ of mandamus within 15 days of a proper case being filed.
      • Courts are required to convene in special session within 10 days of a writ being issued to hear matters arising from the writ.
      • Decisions must be rendered within five days of the court's assembly to ensure timely resolution of election-related issues.

Who Would Be Affected

  • State Officials: The bill directly impacts state government officials, particularly those involved in the administration of elections, such as the Governor and Secretary of State.
  • West Virginia Legislature: The Legislature gains enhanced authority and responsibility in overseeing election law compliance and integrity.
  • Voters and Election Process: By reinforcing the legal framework surrounding election laws, the bill aims to protect the electoral process and ensure that voters' rights are upheld.

Procedural Aspects

  • Legislative Timeline:
    • The bill was introduced in the House on February 12, 2025, and has undergone several readings and discussions.
    • It passed the House on March 13, 2025, and was communicated to the Senate on the same day.
    • As of March 18, 2025, the bill has been introduced in the Senate and referred to the Judiciary Committee for further consideration.

Conclusion

House Bill 2131 seeks to clarify and strengthen the role of the West Virginia Legislature in election litigation, ensuring that unauthorized changes to election laws are subject to legislative scrutiny and intervention. By establishing clear legal standing and procedural timelines, the bill aims to enhance the integrity of the electoral process in West Virginia.

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

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