SB 489 West Virginia Senate · 2025 Regular Session

Relating to election law violation complaints and procedures

SB 489 establishes a standardized process for filing and handling election law violation complaints in West Virginia. It requires complaints to be written, notarized, sworn under penalty of perjury, and include specific details like the incident description, location, timing, and supporting evidence. The Secretary of State must review complaints for completeness, notify filers of deficiencies, and forward valid complaints to the State Election Commission for review. The Commission then decides whether to investigate formally, refer the case, or dismiss it if no probable cause exists, with all proceedings conducted confidentially until public announcement of the outcome.

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 14, 2025 Last action Mar 4, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 10 edits

MAJOR

The bill was revised from an Introduced Version to a Committee Substitute version, adding significant new provisions for handling election law complaints. The changes expand the investigation process to include formal interrogatories, subpoenas, and sworn testimony, add settlement authority for the State Election Commission, and establish clearer timelines for resolving complaints. The substitute version also adds provisions for criminal referrals and Attorney General assistance.

Scope change

The bill's scope expanded from basic complaint procedures to include formal investigation tools, settlement agreements, and criminal referral processes.

REQUIREMENT

Added requirement for complaints to be sworn under penalty of perjury with notarization

Added requirement for Secretary of State to publish investigation results when no violation is found

Changed complaint submission method from email only to email or other writing

Added requirement for Secretary of State to notify complainants in writing when allegations may result in criminal violations

ENFORCEMENT

Added authority for Secretary of State to issue subpoenas and require sworn responses to interrogatories

Added provision for Attorney General to enforce subpoenas in circuit court when respondent fails to comply

Added authority for State Election Commission to issue settlement offers and refer complaints to proper authorities

TIMELINE

Added 90-day deadline for complaint resolution with 60-day alternative dispute resolution if deadline is missed

DEFINITION

Added provision for criminal violations to be referred to grand jury within next term of court

ELIGIBILITY

Added provision for complainant-requested hearings on the record

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 4, 2025

Committee

Referred to Rules on 1st reading

upper

Feb 27, 2025

Upper · Passed

Committee substitute reported

upper

Feb 14, 2025

Introduced

Introduced in Senate

upper

Feb 14, 2025

Committee

To Judiciary

upper

1 primary · 1 co-sponsor