West Virginia 2026 Session Status: Introduced 6 R cosponsors

HB 5228 — Relating to clarifying the definition of electioneering

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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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 clarifying the definition of electioneering

Bill Text

What changed in the latest version

5 added · 12 removed

Plain-language change summary

The updated version of Bill HB 5228 has added clarifications regarding the definition of "electioneering" and specifies certain activities that are prohibited. It also includes exemptions for some activities and allows designated individuals to enforce election laws and request help from law enforcement. These changes are important because they aim to ensure fair and orderly conduct during elections by clearly outlining what is and isn’t allowed, helping to maintain the integrity of the electoral process.

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CS for HB 5228 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for House Bill 5228 By Delegates Funkhouser, Akers, Holstein, Ridenour, Heckert, and Martin [By Request of the Office of the Secretary of State] [Originating in the Committee on the Judiciary;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 5228 By Delegates Funkhouser, Akers, Holstein, Ridenour, Heckert, and Martin (By Request of the Office of the Secretary of State) [Originating in the Committee on the Judiciary;
Reported on February 16, 2026] CS for HB 5228 A BILL to amend and reenact §3-9-9 of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of electioneering;
Reported on February 16, 2026] Eng CS for HB 5228 A BILL to amend and reenact §3-9-9 of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of electioneering;
and (6) The verbal or electronic soliciting of votes for or against any bona fide candidate or ballot question in a manner which expressly advocates the election or defeat of the candidate or 1 CS for HB 5228 expressly advocates the passage or defeat of the ballot question.
and 1 Eng CS for HB 5228 (6) The verbal or electronic soliciting of votes for or against any bona fide candidate or ballot question in a manner which expressly advocates the election or defeat of the candidate or expressly advocates the passage or defeat of the ballot question.
No A voter may not receive a ballot from any person other than one of the poll clerks;
No A voter may 2 Eng CS for HB 5228 not receive a ballot from any person other than one of the poll clerks;
nor may any person other than a poll clerk deliver a ballot to a commissioner of election to be voted by such the 2 CS for HB 5228 commissioner.
nor may any person other than a poll clerk deliver a ballot to a commissioner of election to be voted by such the commissioner.
NOTE:
The purpose of this bill is to clarify the definition of electioneering;
describe certain prohibited electioneering information or activity;
exempt from the definition of "electioneering" certain activity and materials;
permit certain persons to enforce election laws and maintain law and order inside the prohibited zone;
and permit certain persons to seek assistance from law-enforcement officer.
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 Legal Services

  6. Markup Discussion

  7. To House Judiciary

  8. Markup Discussion

  9. By substitute, 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. 151)

  17. Communicated to Senate

  18. Introduced in Senate

  19. To Judiciary

  20. To Judiciary

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 146 not signed on · 13 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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 80 Yea · 13 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 78406
Unaffiliated 2001
Democrat 0900
Total 801307
% of votes cast 80%13%0%7%
How each member voted (100)
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 Yea
Andy Shamblin Republican Yea
Betsy Kelly 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 Nay
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Nay
David Cannon Republican Not Voting
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 Yea
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 Yea
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 Not Voting
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 Nay
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Nay
Tresa Howell Republican Yea
Tristan Leavitt Republican Not Voting
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Not Voting
Wayne Clark Republican Yea
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 5228 do?
Relating to clarifying the definition of electioneering
Who sponsors HB 5228?
HB 5228 is sponsored by Joe Funkhouser (Republican), James Robert "JB" Akers II (Republican), Josh Holstein (Republican), Bill Ridenour (Republican), Scot C. Heckert (Republican), and Carl Martin (Republican).
What is the current status of HB 5228?
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 5228?
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