HB 4638 — Relating to registration of voters and voluntary registration of organ donors

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 4638 ByY DelegateDELEGAWEORRELL Worrell[Passed [IntroducedMarch January10, 21, 2026;

referredin toeffect the90 Committeedays onfrom thepassage Judiciary](June Eng8, 2026)] Enr HB 4638 AAN BILLACT to amend and reenact §3-2-5, §16-19-3, §16-19-5, and §16-19-19 of the Code of West Virginia, 1931, as amended, relating to registration of voters and voluntary registration of organ donors;

revising aand definition;providing new definitions;

providing that the Secretary of State may establish, contract for the establishment of, a donor registry, or contract for a system to transmit information to a donor registry;

requiring the Secretary of State to provide information on the election of organ donation, and the election of organ donation on voter registration cards, and providing for promulgation of legislative rules.rules;

and providing that the Secretary of State shall be reimbursed by the Center for Organ Recovery and Education for all costs, relating to the creation and administration of a system for transmission of donor information to a donor registry and establishing that the Secretary of State is absolved from all responsibilities to collect and provide donor registrant records if not reimbursed.

(a)(1) All state forms for application for voter registration shall be prescribed by the Secretary of State and shall conform with the requirements of 42 U.U.S.C.

S.§1973gg, et seq., the National Voter Registration Act of 1993 and the requirements of the provisions of this article.

C.§1973gg, et seq., the National Voter Registration Act of 1993 and the requirements of the provisions of this article.

These forms may consist of one or more parts, may be combined with other forms for use in registration by designated agencies Enr HB 4638 or in conjunction with driver licensing and may be revised and reissued as required by the Secretary of State to provide for the efficient administration of voter registration.

(2) Notwithstanding any provisions of subdivision (1) of this subsection to the contrary, the federal postcard application for voter registration issued pursuant to 42 U.U.S.C.

S.§1973, et seq., the Uniformed and Overseas Citizens Absentee Voting Act of 1986 and the mail voter registration application form prescribed by the Federal Election Commission pursuant to 42 U.S.C.

C.§1973,§1973gg, et seq., the Uniformed and Overseasthe CitizensNational AbsenteeVoter VotingRegistration Act of 19861993, andare theaccepted mailas votervalid registrationforms of application formfor prescribedregistration bypursuant to the Federalprovisions Electionof Commissionthis pursuantarticle. to 42 U.

S.

C.§1973gg, Eng HB 4638 et seq., the National Voter Registration Act of 1993, are accepted as valid forms of application for registration pursuant to the provisions of this article.

(2) Any specific notice or notices required for a specific type or use of application by 42 U.U.S.C.

S.§1973gg, et seq., the National Voter Registration Act of 1993;

C.§1973gg, et seq., the National Voter Registration Act of 1993;

Enr HB 4638 (1) The applicant’s legal name, including the first name, middle or premarital name, if any, and last name;

(A) In the case of a person eligible to register under the provisions of 42 U.U.S.C.§1973ff, et seq., the Uniformed and Overseas Citizens Absentee Voting Act, the address at which he or she last resided before leaving the United States or entering the uniformed services, or if a dependent child of such a person, the address at which his or her parent last resided;

S.

C.§1973ff, et seq., the Uniformed and Overseas Citizens Absentee Voting Act, the address at which he or she Eng HB 4638 last resided before leaving the United States or entering the uniformed services, or if a dependent child of such a person, the address at which his or her parent last resided;

Enr HB 4638 (1) An indication whether the application is for a new registration, change of address, change of name or change of party affiliation;

Eng HB 4638 (7) The address where the applicant was last registered to vote, if any, for the purpose of cancelling or transferring the previous registration;

and (8) The applicant’s gender;

Enr HB 4638 The successful bidder shall produce and supply the required mail voter registration forms at the contract price to all purchasers of the form for the period of the contract.

Eng HB 4638 (1) Authorized by a medical power of attorney to make health care decisions on behalf of a prospective donor;

Enr HB 4638 "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of, or another adult who exhibited special care and concern for, an individual who has made, amended, revoked, or refused to make an anatomical gift.

Eng HB 4638 "Driver’s license" means a license or permit issued by the Division of Motor Vehicles to operate a vehicle.

Enr HB 4638 "Know" means to have actual knowledge.

Eng HB 4638 "Part" means an organ, an eye, or tissue of a human being.

Enr HB 4638 "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

Eng HB 4638 "Refusal" means a record created under §16-19-7 of this code that expressly states an individual’s intent to bar other persons from making an anatomical gift of his or her body or part.

"Surrogate" means an individual 18 years of age or older who is reasonably available, is willing to make health care decisions on behalf of an incapacitated person, possesses the capacity to make health care decisions, and is identified or selected by the attending physician or Enr HB 4638 advanced nurse practitioner in accordance with §16-30-1 et seq.

Eng HB 4638 "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

Enr HB 4638 (2) If the donor or the authorized person is physically unable to sign a record, another individual may sign at the direction of the donor or the authorized person if the document of gift:

Eng HB 4638 §16-19-19.

(d)Enr HB 4638 (e) A donor registry must:

(1) Allow a donor or person authorized under §16-19-4 of this code to include on the donor registry state registration card a statement or symbol that the donor has made, amended, or revoked an anatomical gift;

(e) (f) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, Eng HB 4638 or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.