HJR 40 West Virginia House of Delegates · 2026 Regular Session

Relating to the legislative powers held by the people of the state and the Legislature.

HJR 40 proposes adding Article XV to the West Virginia Constitution, granting voters the power to directly propose new laws or constitutional amendments (initiative) and reject laws passed by the legislature (referendum). To use these powers, voters would need to gather signatures equal to 10% of the votes cast for Governor in their district or county, with statewide initiatives requiring signatures in two-thirds of counties. The bill specifies that initiative and referendum measures cannot propose laws the legislature couldn't enact, name specific individuals for office, or amend Article XV itself, and limits statewide initiatives to five per election. This would directly affect registered voters by creating new tools for direct participation in lawmaking, subject to the outlined procedural requirements.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 17, 2026 Last action Feb 17, 2026
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Total actions
4
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0
Committee
2
Feb 17, 2026
Committee
To House Judiciary
lower
Feb 17, 2026
Introduced
Introduced in House
lower
Feb 17, 2026
Committee
To Judiciary
lower
1 primary · 5 co-sponsors

Sponsors