Senate approves package of election bills clarifying voter eligibility, defining electioneering and banning ranked‑choice voting
March 04, 2025 | 2025 Legislature WV, West Virginia
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CHARLESTON, W.Va. — The West Virginia Senate on March 3 passed three election-related measures that lawmakers said will clarify voting rules in municipal contests, tighten definitions around electioneering and prohibit ranked‑choice voting across the state.
The Senate approved an engrossed committee substitute for Senate Bill 486, described by a floor sponsor as clarifying voter eligibility. The measure requires that a person be both a U.S. citizen and a state citizen to vote in municipal elections, limits disqualification of elderly voters to cases with a formal court judgment of incompetency rather than an administrator's decision, and clarifies that felony-related voting disqualification applies at the adjudication stage (for example when a court accepts a guilty plea or a jury returns a verdict). "This is good legislation suggested by our secretary of state, and I urge passage," a senator who spoke on the bill told colleagues. The measure passed on a recorded vote of 33 yeas, 0 nays, 1 absent.
A second bill, an engrossed committee substitute for Senate Bill 488, was presented as clarifying the definition of electioneering. Sponsors said the text identifies specific prohibitions, clarifies what is and is not appropriate cell‑phone usage in and around polling places and creates a limited exception allowing cell‑phone use to record potential violations of election law. The bill also clarifies that local officials and government employees may enforce election laws and contact law enforcement when necessary. A floor sponsor urged passage; the Senate recorded 33 ayes, 0 nays, 1 absent.
Senate Bill 490, an engrossed measure to prohibit ranked‑choice voting in West Virginia, drew the most extended floor debate. The bill would add a new section under chapter 3, article 1 of state code defining ranked‑choice voting and prohibit any state, county or local election office from using ranked‑choice methods to conduct an election or nomination for any federal, statewide or local office. The junior senator from the Seventh argued the bill was necessary to preserve clear winners and to avoid outcomes they described as confusing. The senior senator from the Thirteenth supported the ban; the senator from Marion warned that ranked‑choice systems can yield more moderate winners and said municipalities should be allowed to experiment. After debate the Senate passed SB 490 by a vote of 31 yays, 2 nays, 1 absent.
Votes at a glance
- Senate Bill 486 (engrossed committee substitute) — Clarifying voter eligibility: Passed 33‑0‑1 (yeas‑nays‑absent) — Vote recorded on March 3, 2025.
- Senate Bill 488 (engrossed committee substitute) — Defining electioneering and restricting certain cell phone use at polls: Passed 33‑0‑1 — Vote recorded on March 3, 2025.
- Senate Bill 490 (engrossed) — Prohibiting ranked‑choice voting statewide: Passed 31‑2‑1 — Vote recorded on March 3, 2025.
The bills were presented on the Senate floor as requested or drafted at the suggestion of the secretary of state's office or as committee measures; the Senate clerk will communicate each chamber action to the House. The measures now move to the next steps in the legislative process as prescribed by chamber rules.
The Senate approved an engrossed committee substitute for Senate Bill 486, described by a floor sponsor as clarifying voter eligibility. The measure requires that a person be both a U.S. citizen and a state citizen to vote in municipal elections, limits disqualification of elderly voters to cases with a formal court judgment of incompetency rather than an administrator's decision, and clarifies that felony-related voting disqualification applies at the adjudication stage (for example when a court accepts a guilty plea or a jury returns a verdict). "This is good legislation suggested by our secretary of state, and I urge passage," a senator who spoke on the bill told colleagues. The measure passed on a recorded vote of 33 yeas, 0 nays, 1 absent.
A second bill, an engrossed committee substitute for Senate Bill 488, was presented as clarifying the definition of electioneering. Sponsors said the text identifies specific prohibitions, clarifies what is and is not appropriate cell‑phone usage in and around polling places and creates a limited exception allowing cell‑phone use to record potential violations of election law. The bill also clarifies that local officials and government employees may enforce election laws and contact law enforcement when necessary. A floor sponsor urged passage; the Senate recorded 33 ayes, 0 nays, 1 absent.
Senate Bill 490, an engrossed measure to prohibit ranked‑choice voting in West Virginia, drew the most extended floor debate. The bill would add a new section under chapter 3, article 1 of state code defining ranked‑choice voting and prohibit any state, county or local election office from using ranked‑choice methods to conduct an election or nomination for any federal, statewide or local office. The junior senator from the Seventh argued the bill was necessary to preserve clear winners and to avoid outcomes they described as confusing. The senior senator from the Thirteenth supported the ban; the senator from Marion warned that ranked‑choice systems can yield more moderate winners and said municipalities should be allowed to experiment. After debate the Senate passed SB 490 by a vote of 31 yays, 2 nays, 1 absent.
Votes at a glance
- Senate Bill 486 (engrossed committee substitute) — Clarifying voter eligibility: Passed 33‑0‑1 (yeas‑nays‑absent) — Vote recorded on March 3, 2025.
- Senate Bill 488 (engrossed committee substitute) — Defining electioneering and restricting certain cell phone use at polls: Passed 33‑0‑1 — Vote recorded on March 3, 2025.
- Senate Bill 490 (engrossed) — Prohibiting ranked‑choice voting statewide: Passed 31‑2‑1 — Vote recorded on March 3, 2025.
The bills were presented on the Senate floor as requested or drafted at the suggestion of the secretary of state's office or as committee measures; the Senate clerk will communicate each chamber action to the House. The measures now move to the next steps in the legislative process as prescribed by chamber rules.
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