West Virginia 2026 Session Status: Introduced 5 R cosponsors

HB 4709 — Relating to changing the process of election litigation

Last action — To Judiciary

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Relating to changing the process of election litigation

Bill Text

What changed in the latest version

6 added · 11 removed

Plain-language change summary

The updated version of Bill HB 4709 includes additional language clarifying the West Virginia Legislature's legal standing in court cases related to election law changes. Specifically, it designates the Legislature as a necessary party in such cases. This change is important because it ensures that the Legislature can defend its authority and decisions regarding elections, which helps maintain the integrity of the electoral process.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced House Bill 4709 By Delegates Holstein, T.
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED House Bill 4709 By Delegates Holstein, T.
Cannon, and Funkhouser [Introduced January 21, 2026;
Cannon, Funkhouser, and Hillenbrand [Introduced January 21, 2026;
referred to the Committee on the Judiciary] Intr HB 2026R2693 A BILL to amend and reenact §3-1-45 of the Code of West Virginia, 1931, as amended, relating to legal standing of the West Virginia Legislature in court actions related to unauthorized changes to election laws and rules;
referred to the Committee on the Judiciary] Eng HB 4709 A BILL to amend and reenact §3-1-45 of the Code of West Virginia, 1931, as amended, relating to legal standing of the West Virginia Legislature in court actions related to unauthorized changes to election laws and rules;
When any rule to show cause why a writ of mandamus, prohibition or certiorari is issued by the Intr HB 2026R2693 court, or a judge thereof in vacation, it shall be the duty of the court to convene in special session at the state capital, not later than 10 days from the date of the writ, to hear and determine all matters arising upon the writ.
When any rule to show cause why a writ of mandamus, prohibition or certiorari is issued by the Eng HB 4709 court, or a judge thereof in vacation, it shall be the duty of the court to convene in special session at the state capital, not later than 10 days from the date of the writ, to hear and determine all matters arising upon the writ.
The issues before the court shall be determined within five days from the assembling of the court and, in any case, in ample time for the case to be remanded and final action taken by the circuit court and the board of canvassers in order that the board may perform its duty and issue the certificate of election before the second Wednesday in January, then next following.
The issues before the court shall be determined within five days from the assembling of the court and, in any case, in ample time for the case to be remanded and final action taken by the circuit court and the board of canvassers in order that the board may perform its duty and issue the certificate of election before the second Wednesday in January, then next followinMandamus and prohibition proceedings under this section may be upon affidavit alone.
Mandamus and prohibition proceedings under this section may be upon affidavit alone.
NOTE:
The purpose of this bill is to recognize legal standing of the West Virginia Legislature in court actions related to unauthorized changes to election laws and rules;
and identify the Legislature as a necessary party.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. Filed for introduction

  2. To Judiciary

  3. Introduced in House

  4. To House Judiciary

  5. To House Courts

  6. Markup Discussion

  7. To House Judiciary

  8. Markup Discussion

  9. Do pass

  10. On 1st reading, Special Calendar

  11. Read 1st time

  12. On 2nd reading, Special Calendar

  13. Read 2nd time

  14. On 3rd reading, Special Calendar

  15. Read 3rd time

  16. Passed House (Roll No. 121)

  17. Communicated to Senate

  18. Introduced in Senate

  19. To Judiciary

  20. To Judiciary

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 147 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 82 Yea · 9 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 80007
Unaffiliated 2001
Democrat 0900
Total 82908
% of votes cast 83%9%0%8%
How each member voted (99)
Member Party Vote
Linville — Yea
Flanigan — Yea
Kump — Not Voting
Anitra Hamilton Democrat Nay
Evan Hansen Democrat Nay
Hollis Lewis Democrat Nay
John Williams Democrat Nay
Kayla Young Democrat Nay
Mike Pushkin Democrat Nay
Rick Garcia Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Adam Burkhammer Republican Yea
Adam Vance Republican Not Voting
Andy Shamblin Republican Yea
Bill Bell Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Not Voting
Bryan Ward Republican Not Voting
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Gregory A. Watt Republican Yea
Guy Ward Republican Yea
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Not Voting
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Jordan Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Not Voting
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Not Voting
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Not Voting
William Anderson Republican Yea

Official roll call →

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4709 do?
Relating to changing the process of election litigation
Who sponsors HB 4709?
HB 4709 is sponsored by Josh Holstein (Republican), Tresa Howell (Republican), Jarred Cannon (Republican), Joe Funkhouser (Republican), and Rick Hillenbrand (Republican).
What is the current status of HB 4709?
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4709?
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