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HJR 34

Relating to citizen ballot initiatives

2026 Regular Session Introduced by Kayla Young

Allows West Virginia citizens to propose constitutional amendments via petition, requiring 60% of all registered voters to approve at a statewide ballot.

To House Judiciary
#constitutionalamendments
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Bill Summary · HJR 34

Bill Summary: HJR 34 (2026) — West Virginia

Main purpose

  • Proposes a constitutional amendment to grant registered voters the power to propose and enact a constitutional amendment through a petition process.
  • Requires the proposed citizen-initiated amendment to be placed on the ballot at the next statewide general election after meeting petition requirements, with the outcome determined by a minimum statewide threshold (60% of all qualified voters voting for the amendment).

Key provisions and changes

  • Article XIV, Section 2 (Constitutional Amendments) would be amended to add a new subsection establishing a citizen-initiated referendum pathway as an alternative to the Legislature’s amendment process.
  • The bill designates this proposed amendment as Amendment No. 1 and titled "Granting Citizens the Right to Amend the State Constitution Amendment" with a summarized purpose: allow citizens to propose a constitutional amendment via petition, placing it on the ballot for a statewide vote, requiring at least 60% of all registered voters to approve.
  • Petition requirements (as described in the summary text):
    • To initiate a referendum, a valid citizen petition must include all original petitions and signatures from registered voters within each county.
    • Signatures required in each county: at least 10% of the votes cast for the Office of Governor in the most recent quadrennial general election preceding filing.
  • Election mechanics:
    • Once the petition requirements are fulfilled, the proposed amendment would be published at least three months before the next general election in newspapers in every county where a newspaper is printed.
    • If approved by a majority of those voting on the ballot, the amendment becomes part of the state constitution and takes effect upon ratification.
    • If multiple amendments are submitted at the same time, each amendment is voted on separately.
  • Relationship to existing process:
    • The Legislature’s existing method for proposing constitutional amendments remains intact; the citizen-initiated process provides an alternative pathway to place amendments on the ballot.
  • Election timing and cost:
    • The amendment would be presented at the next general election following the petition’s completion.
    • For special elections, the bill notes that if amendments are submitted in that context, the cost of the special election would be paid from the state treasury (consistent with existing language about special elections).

Who is affected

  • Registered voters in West Virginia: gain a proposed pathway to initiate constitutional amendments through petition signatures.
  • County residents: petition signature thresholds are set at 10% of gubernatorial votes in the most recent governor election, counted at the county level.
  • General electorate: would vote to approve or reject the citizen-initiated amendment at the statewide general election.
  • State government and election administration: would implement the petition verification process, publication timelines, and ballot placement for citizen-initiated amendments; would need to align with the Legislature’s existing amendment framework for petitions and referenda.

Procedural and timeline aspects

  • Introduced February 3, 2026; referred to House Judiciary.
  • If advanced, the proposed amendment would require a two-thirds vote in both houses to place the amendment on the ballot for the 2026 general election, as indicated by the text “the question of ratification or rejection of an amendment… be submitted to the voters of the state at the next general election to be held in the year 2026.”
  • Publication requirements: at least three months before the election in newspapers in every county with a newspaper.
  • Vote thresholds:
    • For citizen-initiated amendments: at least 60% of all registered voters voting in the statewide election must vote in favor for ratification.
    • For legislatively proposed amendments: a simple majority of those voting suffices (per the text’s reference to legislative proposals).

Notes

  • The summary notes the bill’s aim to empower citizen-initiated constitutional amendments while preserving the Legislature’s existing amendment process.
  • The bill’s language uses strike-throughs and underlines to indicate changes; the substantive effect is the addition of a citizen petition pathway with a 60% statewide approval threshold.

If you’d like, I can map this proposal to a side-by-side comparison with the current WV constitution amendment process or provide a layperson-friendly one-page explainer.

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

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