HB 4709 West Virginia House of Delegates · 2026 Regular Session

Relating to changing the process of election litigation

HB 4709 gives the West Virginia Legislature legal standing to sue state officials (like the Governor or Secretary of State) who make unauthorized changes to election laws or rules. It also requires courts to allow the Legislature to automatically intervene as a "real party in interest" in any lawsuit challenging election law legality or constitutionality. This directly affects election officials and changes how election-related court cases are handled in West Virginia. The bill clarifies the Legislature’s role in election litigation but does not alter election rules themselves.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House of Delegates Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 21, 2026 Last action Feb 19, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Engrossed Version · 3 edits · Feb 18, 2026
MINOR
The bill was updated from an 'Introduced' draft to an 'Engrossed' version, which includes significant formatting changes and the addition of a new co-sponsor (Delegate Hillenbrand). The substantive legal text of the bill, which grants the West Virginia Legislature the right to sue officials who make unauthorized changes to election laws, remains identical in both versions.
Scope change
The scope of the bill's legal provisions has not changed; only the metadata and formatting have been updated.
TECHNICAL

The bill's title and sponsor list were updated to include Delegate Hillenbrand as a new co-sponsor.

The document layout was significantly altered, replacing the original page-by-page diff format with a clean, continuous text version and adding website navigation elements.

The explanatory note at the end of the original text describing how to read strike-throughs and underlines was removed.

Floor votes · House of Delegates Feb 18, 2026

How they voted

829
Passed · 8 other
Total votes 99
Feb 18, 2026
D Democratic9
9 Nay
100% Nay
R Republican90
82 Yea 8
91% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
2
Committee
6
Feb 19, 2026
Committee
To Judiciary
upper
Feb 19, 2026
Introduced
Introduced in Senate
upper
Feb 18, 2026
Lower · Passed
Passed House (Roll No. 121)
lower
Feb 13, 2026
Lower · Passed
Do pass
lower
Feb 10, 2026
Committee
To House Judiciary
lower
Feb 6, 2026
Committee
To House Courts
lower
Jan 21, 2026
Committee
To House Judiciary
lower
Jan 21, 2026
Introduced
Introduced in House
lower
Jan 21, 2026
Committee
To Judiciary
lower
1 primary · 4 co-sponsors

Sponsors