SB 489 — Relating to election law violation complaints and procedures

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 489 By Senators Woodrum and Oliverio [Introduced[Reported February 14,27, 2025;2025, from the Committee on the Judiciary] CS for SB 489 A BILL to amend §3-1-50 of the Code of West Virginia, 1931, as amended, relating to prescribing administrative procedures and ultimate disposition of election law violation complaints and investigations thereof by the Secretary of State;

referredspecifying towho themay Committeefile oncomplaints; the Judiciary] Intr SB 489 2025R3058 A BILL to amend §3-1-50 of the Code of West Virginia, 1931, as amended, relating to prescribing administrative procedures and ultimate disposition of election law violation complaints and investigations thereof by the Secretary of State.

setting forth requirements for complaints;

requiring complaints to be sworn;

requiring the Secretary of State to notify complainants of deficiencies in complaint;

requiring Secretary of State to submit report of suspected election law violations to State Election Commission;

setting forth process for State Election Commission to handle complaints;

requiring Secretary of State to notify respondents to election law complaints of investigations and setting forth contents thereof;

setting forth procedure for Secretary of State to follow for investigations;

permitting Secretary of State to issue and require responses to sworn interrogatories, subpoenas, and request production of documents;

permitting Secretary of State to interview and depose respondents;

requiring Secretary of State to publish findings of investigations to State Election Commission;

permitting State Election Commission to request Secretary of State to discuss the report and require him or her to take further action following investigation of complaint;

permitting State Election Commission to propose and enter settlement agreements;

requiring State Election Commission to dismiss complaints upon a finding that no probable cause exists;

requiring Attorney General to provide legal and investigative support upon request by the Secretary of State or the State Election Commission;

requiring prosecuting authority to receive and process suspected criminal violations;

and permitting Secretary of State to promulgate rules.

1 CS for SB 489 (a) The Secretary of State shall establish and maintain a state-based administrative complaint procedure for complaints received concerning election violations which shall meet the following requirements:

107-252, including a violation which has occurred, is occurringoccurring, or is about to occur, may file a complaint.

(A) ClearlyA describedescription of the alleged incident or election violation;

(B) ProvideThe the name and valid contact information of any person who may have information or evidence supporting the allegations;

(C) StateAn approximatelyapproximation of when the alleged violation or incident occurred;

(D) StateThe thelocation location(s) where the alleged incident or violation occurred;

(E) ProvideAny any supporting facts or documentation about the alleged incident or violation;

and (F) ProvideAn an affirmation that facts articulated in the complaint are true and correct to the best of the complainant's knowledge under penalty of perjury.

1 Intr SB 489 2025R3058 (4) If a complaint alleges a violation of law under the Secretary of State's jurisdiction but fails to satisfy the procedural requirements set forth in subsectionsubdivision (3),(3) of this section, the Secretary of State shall notify the complainant in writing of the nature of the deficiency(ies),deficiency or deficiencies and inform the complainant that the complaint must be corrected within 10 days of the notice or the complaint will be dismissed without prejudice:

Provided, That notice shallis not be required if no contact information or mailing address is provided with the complaint.

(5) If the Secretary of State determines that a complaint is in the proper form and that the allegations, if true, establish a violation of any provision of this Chapter or Title III of the Help 2 CS for SB 489 America Vote Act, Pub.

107-252, then the Secretary of State shall provide a confidential report to the State Election Commission by email or other writing that shall confirm jurisdiction, summarize the complaint including any additional information or evidence known to the Secretarysecretary at the time, analyze the legal issues raised by the complaint, and recommend to either initiate an investigation formally or informally or refer the complaint to the appropriate authority.

(A) Within 5five business days of receipt of the email,report, any member of the State Election Commission may request via email or other writing to the Secretary of State or office designee to further discuss a complaint during the next State Election Commission in an executive session.

(7) The Secretary of State may consolidate complaints filed under this section,section and may 2 Intr SB 489 2025R3058 modify an informal or formal investigation to an informal or formal investigation, as appropriate, upon discovery of sufficient facts or evidence that suggest modification would lead to an efficient resolution of the matter.

(8) Upon determination that a complaint should be investigated, whether formerlyformally or informally, the Secretary of State shall notifyprovide the respondent aswith: follows:

(A) ProvideNotice notice that an election law complaint has been filed and the Secretary of State’s jurisdiction has been confirmed;

(B)3 ProvideCS eitherfor SB 489 (B) Either a copy of the complaint with the complainant's and other witnesses' information redacted, or a summary of the complaint;

(C) ProvideA a summary of the facts applied to the alleged violation or violations of law(s);law;

and (D) ProvideInstructions instructions for responding to the complaint.

(9) In an informal investigation, the Secretary of State may take all necessary actions to confirm or disprove the allegations contained in a complaint by utilizingusing publicly available information and records includingincluding, but not limited toto, the internet, mail pieces, photographs, and communications, and requestingmay request documents from the respondent, third parties, or other sources.

The Secretary of State may also take additional investigative action utilizingusing subpoenas or testimony obtained under oath.

WrittenThe responsesrespondent toor interrogatoryother questionsperson shall beprovide answeredresponses to interrogatory questions under penalty of perjury.