HB 5401: Relating to voting in West Virginia elections while residing overseas - West Virginia

hb5401 s jud am 3-11 adopted.htm → hb5401 s jud amt 3-11 adopted.htm · 4 edits

MODERATE

The bill was amended to replace the entire text of the voting section with a new version that clarifies eligibility for absentee voting by citizens residing abroad. The changes specifically update definitions for 'overseas voters' to distinguish between those born outside the U.S. and those domiciled in West Virginia, while also modernizing the effective date to January 1, 2027.

Scope change

The scope shifted from a general absentee voting article to a focused amendment on modifying eligibility for specific overseas voters and updating related definitions.

SCOPE

The bill text was completely rewritten to replace the previous version of Article 3 regarding absentee voting.

ELIGIBILITY

Eligibility criteria for overseas voters were updated to create distinct categories for voters born outside the U.S. versus those domiciled in West Virginia, clarifying residency requirements.

DEFINITION

Definitions for 'Overseas federal election voter' and 'Overseas state and federal voter' were refined to include specific conditions regarding birthplace, prior registration, and intent to return.

TIMELINE

The effective date for the amendments was changed to January 1, 2027, replacing the previous 2026 session reference.

Committee Substitute → hb5401 s jud am 3-11 adopted.htm · 5 edits

MODERATE

The bill was completely rewritten to replace the previous Committee Substitute version. The new version adds specific eligibility for overseas voters born outside the U.S. or whose parents were domiciled in West Virginia, clarifies definitions for disability and overseas voters, and introduces a new provision allowing replacement poll workers to vote absentee. It also sets a specific effective date of January 1, 2027.

Scope change

The bill's scope expanded to explicitly cover overseas federal election voters born abroad and those with parents domiciled in West Virginia, while also adding a new category for replacement poll workers.

ELIGIBILITY

Added eligibility for overseas federal election voters born outside the U.S. or whose parents/legal guardians/spouses were formerly domiciled in West Virginia.

Added eligibility for replacement poll workers assigned to precincts outside their voting district after the in-person voting period expires.

DEFINITION

Added new definitions for 'Disability', 'Federal election', 'Overseas federal election voter', 'Overseas state and federal voter', 'Physical disability', and 'State election'.

REQUIREMENT

Clarified the medical confirmation requirement for emergency absentee ballots to ensure the voter meets criteria before voting.

TIMELINE

Specified that amendments enacted during the 2026 regular session are effective January 1, 2027.

Enrolled Committee Substitute → Committee Substitute · 5 edits

MODERATE

The bill was reorganized from a formal legislative text into a website navigation interface containing a summary of proposed voting law changes. The substantive policy content, including eligibility criteria and definitions, appears to have been extracted and placed within the navigation links rather than presented as an active bill.

Scope change

The document's format changed from a legislative bill to a website interface; the scope of the underlying policy (overseas voting) remains the same as described in the new links.

TECHNICAL

Added website navigation elements such as 'Skip Navigation', 'Senate', 'House', and 'Bill Status' links.

Removed the formal header, title, and signature block typical of an enrolled legislative bill.

Replaced the full text of the bill with a summary note and a list of links to the proposed legal changes.

DEFINITION

Added definitions for 'Disability', 'Federal election', 'Overseas federal election voter', 'Overseas state and federal voter', 'Physical disability', and 'State election' within the navigation links.

ELIGIBILITY

Added detailed eligibility criteria for overseas voters, including provisions for citizens born outside the US and those with uncertain return intent.

Engrossed Committee Substitute → Enrolled Committee Substitute · 6 edits · Apr 1, 2026

MODERATE

The bill was converted from a Committee Substitute to an Enrolled (final) version, adding new eligibility categories for overseas voters and clarifying effective dates. The most significant substantive change is the addition of two new subsections allowing overseas federal and state/federal voters to register and vote by mail in their former West Virginia election districts, even if they were born outside the U.S. or never lived in the state. The bill also formally sets the effective date for these 2026 changes to January 1, 2027, and includes standard legislative certification signatures.

Scope change

The bill's scope expanded to explicitly include overseas voters who were born outside the United States and those who were never domiciled in West Virginia, allowing them to vote in specific federal and state elections based on their parent's, guardian's, or spouse's former residency.

ELIGIBILITY

Added eligibility for 'overseas federal election voters' born outside the U.S. to vote in federal elections if their parent, guardian, or spouse was formerly domiciled in West Virginia.

Added eligibility for 'overseas state and federal voters' who were never domiciled in West Virginia to vote in state and federal elections if their parent, guardian, or spouse was formerly domiciled in West Virginia.

Added eligibility for voters working as replacement poll workers assigned to a precinct outside their voting district to vote an emergency absentee ballot.

TIMELINE

Formally established the effective date for the 2026 amendments as January 1, 2027, rather than leaving it open-ended.

REQUIREMENT

Added a requirement for a written medical confirmation from a licensed professional for emergency absentee ballots issued after the 7th day preceding an election due to illness or disability.

TECHNICAL

Removed the placeholder navigation menu and website footer text that was present in the draft version but not part of the actual law.

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was converted from an introduced draft into an official Engrossed Committee Substitute, adding a new section defining specific terms like 'overseas voter' and clarifying eligibility rules. The text was significantly reorganized to fix grammatical errors and structural issues in the original draft, ensuring the law is clear and enforceable.

Scope change

The bill's scope expanded by adding new definitions for 'overseas federal election voter' and 'overseas state and federal voter' to clarify who can vote while living abroad. It also added a new category for voters working as replacement poll workers in emergency absentee voting scenarios.

DEFINITION

Added a new section (§3-3-1a) defining key terms such as 'Disability', 'Federal election', 'Overseas federal election voter', 'Overseas state and federal voter', 'Physical disability', and 'State election' to remove ambiguity.

ELIGIBILITY

Reorganized and corrected the eligibility criteria for overseas voters, fixing broken sentence structures and clarifying the distinction between voters who intend to return to West Virginia versus those who do not.

Added a new eligibility category allowing voters who are working as replacement poll workers in a precinct outside their district to vote by emergency absentee ballot.

REQUIREMENT

Updated the requirements for nursing home voters to explicitly state that the county commission must authorize the service if the voter has resided there for less than 30 days.

TECHNICAL

Corrected numerous grammatical errors, punctuation mistakes, and formatting inconsistencies present in the Introduced Version to create a legally sound text.

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