WeVote
Log In

Bill

Bill

HJR 40

Relating to the legislative powers held by the people of the state and the Legislature.

2026 Regular Session Introduced by Shawn Fluharty and 3 co-sponsors

West Virginia would adopt direct democracy, allowing voters to propose statutes and constitutional amendments and reject laws through a petition-driven initiative and referendum sy

To House Judiciary
#resolutions
0
WeVote Research Nonpartisan
Bill Summary · HJR 40

Overview

  • Bill: HJR 40
  • Session: 2026 (West Virginia)
  • Purpose: propose a constitutional amendment to grant the people and the Legislature broad powers of initiative and referendum, enabling voters to propose statutes and constitutional amendments and to reject (refer) enacted laws or parts thereof through petition-driven processes.
  • Status: Introduced February 17, 2026; referred to the House Judiciary Committee. Co-sponsors include Reps. Williams, Lewis, Hornbuckle, and Fluharty.

Main purpose and intent

  • The bill seeks to amend the West Virginia Constitution by adding a new Article XV (Initiative and Referendum).
  • It would reserve to the people of West Virginia the powers of initiative and referendum, outlining how petitions can be used to propose laws and constitutional amendments and how those proposals can be enacted or rejected at elections.
  • It also sets procedural guardrails to govern initiative and referendum processes and to ensure orderly implementation.

Key provisions and changes

  • Initiative (Article XV, §1):

    • The people, via registered voters, could propose statutes and constitutional amendments through a petition process.
    • An enacted initiative would take effect by a simple majority at a regularly scheduled general or primary election held less than two years after proper petition filing (unless otherwise specified by the measure).
    • The initiative power cannot be used to propose or enact what the applicable elected public body could itself propose or enact, nor to name individuals for offices or private entities to perform public functions.
    • No more than five statewide initiative measures would be voted on at the same election; the Legislature would establish procedures to manage potential clustering of initiatives.

  • Referendum (Article XV, §1):

    • The people could seek the rejection of statutes or specific portions enacted by the Legislature via petition.
    • A statewide referendum would require valid petition signatures in each county: at least 10% of Governor-at-bench votes in that county in the most recent quadrennial general election; in two-thirds of counties, at least 10% of Governor votes in those counties.
    • A referendum petition must be filed within a defined window after the statute/measure was enacted, and certification by the proper official would suspend the measure pending referendum results (with exceptions for measures passed with a two-thirds vote in both legislative chambers).
    • Referendum cannot be used to reject portions of a law that appropriate public funds or call an election, among other restrictions.
    • If conflicting measures are approved at the same election, the measure with the higher number of affirmative votes prevails, unless a measure is subordinate to another by law.

  • General provisions:

    • The Legislature would establish detailed procedures for the preparation, circulation, signature verification, and certification of petitions; oversight of initiative and referendum elections; and compliance with existing constitutional requirements (e.g., Article VI, Section 30).
    • Provisions to encourage holding initiative and referendum elections on regularly scheduled election days; discourage special elections; and align municipal initiatives with state/county election cycles.
    • Disclosure requirements for campaign contributions and expenditures related to initiative and referendum elections; measures to ensure integrity of elections.
    • The initiative and referendum powers are not intended to restrict the people’s right to petition or to preempt municipal charters that grant additional initiative/ref referendum powers.
    • The bill emphasizes liberal construction to protect the power of the people to propose and accept or reject laws and to recall elected officials.

Who/what would be affected

  • Registered voters of West Virginia would gain new direct-democracy tools (initiative and referendum) to propose laws and constitutional amendments and to reject laws passed by the Legislature.
  • The Legislature would be responsible for designing and administering petition procedures, verification, and election-sequencing rules, and could amend or repeal statutes adopted via initiative (subject to constitutional constraints).
  • Municipalities could operate under provisions that align with state-level initiative/ref referendum processes, with potential exemptions or compatibility provisions.
  • Campaign finance and transparency requirements for initiative/ref referendum campaigns would apply, including disclosures of contributions and expenditures.

Procedural and timeline considerations

  • Next general or primary election date (less than two years after filing) would determine when enacted measures take effect, unless the measure specifies a different date.
  • Thresholds for petition signatures are tied to 10% of Governor votes in each district/county, using the most recent quadrennial Governor election results.
  • Maximum of five statewide initiative measures per election to be set by general law; procedures to select which measures appear if more than five qualify.
  • Certification and suspension timelines exist (e.g., petition certification within up to 30 days; suspension of enacted legislation pending referendum results, with exceptions for two-thirds legislative approval).
  • The amendment would be known as Amendment 1 if ratified and would implement the “Granting the people the powers of initiative and referendum.”

Summary assessment

  • HJR 40 proposes a comprehensive framework to implement popular initiative and referendum powers in West Virginia, including detailed petition requirements, election timing, suspension rules, and regulatory provisions to protect fiscal integrity and prevent abuse.
  • If ratified by voters in 2026, the state constitution would recognize and govern direct-lawmaking authority for the people, with the Legislature retaining a central role in administering and refining the processes.

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

Sign in to ask a question.