To ban the unsolicited distribution of absentee applications by third parties and election officials.

2025 Regular Session Introduced by Larry Kump and 1 co-sponsor

House Bill 2082 bans unsolicited absentee ballot applications in West Virginia, ensuring voters request them directly, enhancing election integrity and security.

To House Judiciary

#elections

Purpose and Intent

House Bill 2082 (HB 2082) aims to regulate the distribution of absentee ballot applications in West Virginia. The primary intent of the bill is to ban the unsolicited distribution of absentee applications by third parties and election officials. This measure is designed to enhance the integrity of the absentee voting process and ensure that voters receive applications only through authorized channels.

Key Provisions

The bill introduces several important provisions regarding absentee voting:

Ban on Unsolicited Applications:

The bill prohibits third parties and election officials not specifically authorized in the legislation from providing absentee ballot applications to voters without a request.

Request Process:

Voters must request absentee ballot applications either orally or in writing. The designated election official will then provide the appropriate application.

Eligibility and Application Requirements:

The bill outlines specific eligibility criteria for voters to receive absentee ballots, including:
- Verification of voter registration.
- Conditions under which a voter may apply for an absentee ballot, such as being a qualified first responder or having a physical disability.

Application Submission Timeline:

The bill establishes deadlines for submitting absentee ballot applications:
- Applications for certain voters (e.g., uniformed services and overseas voters) can be submitted starting January 1 of an election year, up to six days before the election.
- Other voters may submit applications starting 84 days before the election, also up to six days before the election.

Penalties for Non-compliance:

The bill includes provisions for penalties if the designated election official determines that the application requirements have not been met or if there is evidence of false information.

Affected Parties

Voters: The bill directly impacts voters in West Virginia by restricting how they can obtain absentee ballot applications.

Election Officials: The legislation places additional responsibilities on election officials to ensure compliance with the new rules regarding absentee voting applications.

Third Parties: Organizations or individuals who previously distributed absentee applications will be affected by the ban.

Procedural Aspects

Introduced: The bill was introduced on February 12, 2025, and referred to the House Judiciary Committee.

Legislative Actions:

The bill has undergone several readings and committee reviews, with significant actions including:
March 12, 2025: Passed out of the Executive Committee.
March 27, 2025: Held for second reading.
May 31, 2025: Rule 19(a) re-referred to the Rules Committee, indicating ongoing discussions and potential amendments.

Conclusion

House Bill 2082 seeks to tighten the regulations surrounding absentee voting in West Virginia by banning unsolicited applications. This legislation aims to protect the electoral process and ensure that voters have a clear and secure method of obtaining absentee ballots. As the bill progresses through the legislative process, its implications for voters and election officials will continue to be evaluated.

Bill