HB 4477 West Virginia House of Delegates · 2026 Regular Session

To give the Secretary of State authority to refer allegations of violations of election laws to West Virginia Prosecuting Attorneys Institute.

This bill gives the West Virginia Secretary of State the authority to refer suspected election law violations to county prosecuting attorneys for investigation. When the Secretary of State identifies potential election fraud or irregularities, the county prosecutor must forward the matter to the West Virginia Prosecuting Attorneys Institute, which then appoints a special prosecutor to review the allegations. The special prosecutor must provide written updates to the Secretary of State within 60 days and every 60 days thereafter until a decision is made about whether to pursue criminal charges. The appointed special prosecutor serves without additional pay beyond reimbursement for travel and related expenses, and county commissions cover these allowable costs.

Issues: ✓ Criminal Justice

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

House of Delegates Passage

Feb 2026

Senate Passage

Governor

Introduced Jan 16, 2026 Last action Mar 4, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

hb4477 hfat akers 2-26 adopted.htm → hb4477 sub hfa phillips 2-26 _1 adopted adopted.htm · 2 edits

MINOR

The bill amendment replaces the original title with a more specific description of the changes, clarifying that the Secretary of State's investigation into potential election law violations will pause (toll) the statute of limitations for related crimes. The amendment also adds a specific provision stating that the tolling applies during the investigation period and any subsequent prosecution referrals.

Scope change

The scope remains focused on election law enforcement, but the amendment clarifies the specific legal mechanism (tolling statutes of limitations) and its timing relative to the Secretary of State's duties.

REQUIREMENT

Replaced the original bill title with a new, more detailed title that specifies the tolling of statutes of limitations during the Secretary of State's investigation and prosecution referral processes.

Added a specific provision on page 2, section 3-1A-6, line 19, clarifying that the statute of limitations is tolled during the Secretary of State's investigation and any subsequent prosecution referrals.

Introduced Version → Engrossed Committee Substitute · 10 edits · Feb 27, 2026

MAJOR

The bill was substantially rewritten to shift election fraud investigation authority from the Attorney General to a new special prosecutor system managed by the West Virginia Prosecuting Attorneys Institute. The original version gave the Attorney General direct prosecutorial power over county officials and allowed the Secretary of State to refer election fraud cases directly to the Attorney General. The new version removes these provisions and instead creates a structured process where the Secretary of State reports violations to county prosecutors, who then refer matters to the Institute for appointment of special prosecutors.

Scope change

The bill's scope changed from giving the Attorney General direct prosecutorial authority over county and municipal officials to creating a specialized prosecutor appointment system through the West Virginia Prosecuting Attorneys Institute. The Attorney General's expanded powers were removed entirely.

ENFORCEMENT

Removed provision allowing Secretary of State to refer election fraud cases directly to Attorney General instead of county prosecutors

Removed Attorney General's prosecutorial power over county and municipal elected officials for corruption, election fraud, and misconduct

Removed provision allowing recall of county prosecutors for prosecutorial misconduct

REQUIREMENT

Added requirement for Secretary of State to provide written reports of potential election violations to county prosecutors

Added requirement for county prosecutors to refer election violation matters to West Virginia Prosecuting Attorneys Institute

Added requirement for Institute to appoint special prosecutors to investigate election law violations

Modified special prosecutor compensation to include reimbursement for travel, mileage, and room and board from the appointing county

TIMELINE

Added 60-day timeline for special prosecutors to determine whether to initiate criminal proceedings, with 60-day status updates if more time is needed

FISCAL

Added monthly premium fees from county commissions based on assessed property valuation to fund the Prosecuting Attorneys Institute

DEFINITION

Added definition of 'general emergency' for election procedures related to natural disasters and other emergencies

Floor votes · House of Delegates Feb 27, 2026

How they voted

94–0

Passed · 6 other

Total votes 100

Feb 27, 2026

D Democratic9

8 Yea 1

88% Yea

R Republican91

86 Yea 5

94% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 4, 2026

Committee

To Judiciary

upper

Mar 4, 2026

Introduced

Introduced in Senate

upper

Feb 27, 2026

Lower · Passed

Title amendment adopted (Voice vote)

lower

Feb 27, 2026

Lower · Passed

Passed House (Roll No. 222)

lower

Feb 26, 2026

Lower · Passed

Amendment adopted (Voice vote)

lower

Feb 26, 2026

Introduced

Amendment reported by the Clerk

lower

Jan 28, 2026

Lower · Passed

By substitute, do pass

lower

Jan 21, 2026

Committee

To House Judiciary

lower

Jan 20, 2026

Committee

To House Courts

lower

Jan 16, 2026

Committee

To House Judiciary

lower

Jan 16, 2026

Introduced

Introduced in House

lower

Jan 16, 2026

Committee

To Judiciary

lower

1 primary · 10 co-sponsors