West Virginia 2026 Session Status: Enacted 1 R cosponsors

SB 59 — Relating to voter eligibility and residency requirements

Last action — Chapter 130, Acts, Regular Session, 2026

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

This bill has been enacted into law. Introduced January 14, 2026. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 76% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

This bill addresses voter eligibility and residency requirements.

The bill modifies the rules related to who is eligible to vote and the residency criteria necessary to register. These changes aim to clarify and potentially expand voter participation.

Summary

Relating to voter eligibility and residency requirements

Bill Text

What changed in the latest version

5 added · 212 removed

Plain-language change summary

The amendments to SB 59 clarify eligibility criteria for voting in West Virginia. Key changes include specifying that individuals must be legal residents of the state to vote and that particular conditions, like being registered and not having a felony conviction, must be met. Additionally, guidelines on how a person's residency can be challenged have been established, which may impact who can register to vote. These changes matter because they help ensure that voters are properly qualified and uphold the integrity of the election process.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Enrolled Committee Substitute for Senate Bill 59 BYSENATORSRUCKER, OSE,ANDTHORNE [Passed March 13, 2026;
SB59 HJUD AM.
to take effect January 1, 2027] Enr CS for SB 59 AN ACT to amend and reenact §3-1-3 and §3-2-2 of the Code of West Virginia, 1931, as amended;
#1 3-9Casto 3264The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
and to amend the code by adding a new section, designated §3-2-2a, relating to voter eligibility and residency requirements;
CHAPTER 3 ARTICLE 1.
requiring that a person be a legal resident of the state, county, or municipality in which he or she offers to vote;
defining terms;
providing factors for consideration when determining if a person is a legal resident;
setting forth rules and principles for the determination of the residence of a person;
providing for challenging the residency of a person;
and providing effective dates.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1.
(a) Citizens of the state may vote at all elections held within the precincts of the counties and municipalities in which they respectively reside, but a person may not vote in a federal, state, county, municipal, or special election unless the person:
(a) Citizens of the state may vote at all elections held within the precincts of the counties and municipalities in which they respectively reside, but a person may not vote in a federal, state, county, municipal, or special election unless the person:(1) Is registered to vote as required by law;(2) Is 18 years of age, except that a person may vote in a primary election if he or she will reach the age of 18 years on or before the date of the next general election held after the primary election;(3) Has not been determined by a final judgment of a circuit court exercising jurisdiction pursuant to §44A-1-2(c) of this code to be totally mentally incompetent;(4) Has not been convicted of treason, a felony, or bribery in an election or, if convicted, has:(A) Had his or her sentence fully discharged, including any term of incarceration, parole, supervision, or period of probation ordered by any court;
(1) Is registered to vote as required by law;
or(B) Been pardoned or otherwise formally released from the resulting disability to vote;(5) Is a United States citizen;
(2) Is 18 years of age, except that a person may vote in a primary election if he or she will reach the age of 18 years on or before the date of the next general election held after the primary election;
and(6) Is a bona fide legal resident of the state, county, or municipality in which he or she offers to vote.(b) For purposes of §3-1-3(a)(3), a person is requalified to vote upon certification in writing by the clerk of the circuit court of an order or other official determination filed with his or her office that the person is no longer totally mentally incompetent:
(3) Has not been determined by a final judgment of a circuit court exercising jurisdiction pursuant to §44A-1-2(c) of this code to be totally mentally incompetent;
Provided, That a copy of the order or other official determination shall not be provided without further order by a court of competent jurisdiction or written permission signed by the person to whom the order or official determination pertains.(c) For purposes of §3-1-3(a)(4):(1) A person convicted of a disqualifying crime may not vote from the date of adjudication of that crime, notwithstanding any pending sentencing order, post-trial motions, direct appeals, or other post-conviction requests for relief;
(4) Has not been convicted of treason, a felony, or bribery in an election or, if convicted, has:
and(2) A person is not considered to have been convicted of a disqualifying crime where the criminal proceedings are deferred and there is no adjudication of guilt as to the disqualifying crime.(d) For purposes of §3-1-3(a)(6):(1) "Legal resident" means a person who is domiciled in the state, county, or municipality in which he or she offers to vote and includes both physical presence within the state, county, or municipality and an intent to remain in the state, county, or municipality indefinitely.
(A) Had his or her sentence fully discharged, including any term of incarceration, parole, supervision, or period of probation ordered by any court;
(2) Factors for consideration in determining whether a person is a “legal resident” include, but are not limited to, the following:(A) The physical character of the person's residence;
or (B) Been pardoned or otherwise formally released from the resulting disability to vote;
(5) Is a United States citizen;
and (6) Is a legal resident of the state, county, or municipality in which he or she offers to vote.
Enr CS for SB 59 (b) For purposes of §3-1-3(a)(3), a person is requalified to vote upon certification in writing by the clerk of the circuit court of an order or other official determination filed with his or her office that the person is no longer totally mentally incompetent:
Provided, That a copy of the order or other official determination shall not be provided without further order by a court of competent jurisdiction or written permission signed by the person to whom the order or official determination pertains.
(c) For purposes of §3-1-3(a)(4):
(1) A person convicted of a disqualifying crime may not vote from the date of adjudication of that crime, notwithstanding any pending sentencing order, post-trial motions, direct appeals, or other post-conviction requests for relief;
and (2) A person is not considered to have been convicted of a disqualifying crime where the criminal proceedings are deferred and there is no adjudication of guilt as to the disqualifying crime.
(d) For purposes of §3-1-3(a)(6):
(1) "Legal resident" means a person who is domiciled in the state, county, or municipality in which he or she offers to vote and includes both physical presence within the state, county, or municipality and an intent to remain in the state, county, or municipality indefinitely.
(2) Factors for consideration in determining whether a person is a “legal resident” include, but are not limited to, the following:
(A) The physical character of the person's residence;
(C) The person’s place of employment;
(C) The person’s place of employment;(D) The state issuing the person’s most recent driver’s license or identification card;
(D) The state issuing the person’s most recent driver’s license or identification card;
(G) The address listed on a person’s government-issued documents;
 (G) The address listed on a person’s government-issued documents;(H) The person’s tax filings;
(H) The person’s tax filings;
and(I) Other evidence tending to demonstrate or disprove that a person seeks to remain at his or her residence indefinitely.
and Enr CS for SB 59 (I) Other evidence tending to demonstrate or disprove that a person seeks to remain at his or her residence indefinitely.
To be qualified, a person shall be a citizen of the United States and a legal resident of the State of West Virginia and of the county where he or she is applying to register, shall be at least 18 years of age, except that a person who is at least 17 years of age and who will be 18 years of age by the time of the next ensuing general election may also be permitted to register, and shall not be otherwise legally disqualified:
To be qualified, a person must shall be a citizen of the United States and a legal resident of the State of West Virginia and of the county where he or she is applying to register, shall be at least 18 years of age, except that a person who is at least 17 years of age and who will be 18 years of age by the time of the next ensuing general election may also be permitted to register, and shall not be otherwise legally disqualified:
Provided, That a registered voter who has not reached 18 years of age may vote both partisan and nonpartisan ballots in a federal, state, county, municipal, or special primary election if he or she will be 18 years of age by the time of the corresponding general election.
Provided, That a registered voter who has not reached 18 years of age may vote both partisan and nonpartisan ballots in a federal, state, county, municipal, or special primary election if he or she will be 18 years of age by the time of the corresponding general election.(b) Any person who has been convicted of a felony, treason, or bribery in an election, under either state or federal law, is disqualified and is not eligible to may not register or to continue to be registered to vote while serving his or her sentence, including any period of incarceration, probation or parole related thereto to the conviction.
(b) Any person who has been convicted of a felony, treason, or bribery in an election, under either state or federal law, is disqualified and may not register or continue to be registered to vote while serving his or her sentence, including any period of incarceration, probation or parole related to the conviction.
Any person who has been declared mentally incompetent by a court of competent jurisdiction is disqualified and shall not be eligible to may not register or to continue to be registered to vote for as long as that disability continues.(c) For purposes of this section, "legal resident" means a person who is domiciled in the state, county, or municipality in which he or she offers to vote and includes both physical presence within the state, county, or municipality and an intent to remain in the state, county, or municipality indefinitely.
Any person who has been declared mentally incompetent by a court of competent jurisdiction is disqualified and may not register or continue to be registered to vote for as long as that disability continues.
(d) Factors for consideration in determining whether a person is a “legal resident” include, but are not limited to, the following:(1) The physical character of the person's residence;
(c) For purposes of this section, "legal resident" means a person who is domiciled in the state, county, or municipality in which he or she offers to vote and includes both physical presence within the state, county, or municipality and an intent to remain in the state, county, or municipality indefinitely.
Enr CS for SB 59 (d) Factors for consideration in determining whether a person is a “legal resident” include, but are not limited to, the following:
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(1) The physical character of the person's residence;
(3) The person’s place of employment;
(3) The person’s place of employment;(4) The state issuing the person’s most recent driver’s license or identification card;
(4) The state issuing the person’s most recent driver’s license or identification card;
(7) The address listed on a person’s government-issued documents;
 (7) The address listed on a person’s government-issued documents;(8) The person’s tax filings;
(8) The person’s tax filings;
and(9) Other evidence tending to demonstrate or disprove that a person seeks to remain at his or her residence indefinitely.
and (9) Other evidence tending to demonstrate or disprove that a person seeks to remain at his or her residence indefinitely.
The person challenging the validity of residency shall be governed by the following rules, so far as they may apply:
The person challenging the validity of residency shall be governed by the following rules, so far as they may apply:(1) That place shall be considered the residence of a person in which that person’s habitation is fixed, and to which, whenever that person is absent, that person has the intention of returning.
(1) That place shall be considered the residence of a person in which that person’s habitation is fixed, and to which, whenever that person is absent, that person has the intention of returning.
In the case of a challenge:(A) In the event that a person’s usual habitation is divided by a State, county, municipal, precinct, ward, or other election district, then the location of the bedroom or usual sleeping area for that person with respect to the location of the boundary line at issue shall be controlling as the residency of that person.(B) The person challenging the residency must complete a form prescribed by the Secretary of State stating, at a minimum, the name and address of the person offering to register to vote and the reason for the proffered challenge.
In the case of a challenge:
(A) In the event that a person’s usual habitation is divided by a state, county, municipal, precinct, ward, or other election district, then the location of the bedroom or usual sleeping area for that person with respect to the location of the boundary line at issue shall be controlling as the residency of that person.
Enr CS for SB 59 (B) The person challenging the residency must complete a form prescribed by the Secretary of State stating, at a minimum, the name and address of the person offering to register to vote and the reason for the proffered challenge.
Returned mail shall constitute prima facie evidence of the registrant’s ineligibility.
Returned mail shall constitute prima facie evidence of the registrant’s ineligibility.(iii) If the person offering to register does appear in a timely manner, and, present evidence of his or her residency, then the clerk shall determine the person’s eligibility to be registered as a voter as in any other case.
(iii) If the person offering to register does appear in a timely manner, and, present evidence of his or her residency, then the clerk shall determine the person’s eligibility to be registered as a voter as in any other case.
If the reason for ineligibility is that the person offering the to register does not reside at the address on the voter registration application and the person offering to register to vote presents evidence of his or her residence elsewhere in the same county, then the county clerk shall allow the person to complete and file a new voter registration application with the correct residential address.(iv) The presentation of a determination of a person’s residence and the boundary line at issue by a map, or, by another means available, shall constitute prima facie evidence of the geographic location of the residence of that person.(C) In the event that a person’s residence is not a traditional residence associated with real property, then the location of the usual sleeping area for that person shall be the controlling factor as to the residency of that person.
If the reason for ineligibility is that the person offering the to register does not reside at the address on the voter registration application and the person offering to register to vote presents evidence of his or her residence elsewhere in the same county, then the county clerk shall allow the person to complete and file a new voter registration application with the correct residential address.
Residence shall be broadly construed to provide all persons with the opportunity to register to vote, including their stating a mailing address different from a residence address.(D) A person shall not be considered to have lost his or her residence if that person leaves home and goes into another state, county, municipality, precinct, ward, or other election district of this State, for temporary purposes only, with the intention of returning.(E) A person shall not be considered to have gained a residence in any county, municipality, precinct, ward, or other election district of this State, into which he or she comes for temporary purposes only, without the intention of making that county, municipality, precinct, ward, or other election district a permanent place of abode.(4) If the person removes to another state or county, municipality, precinct, ward, or other election district within this State, with the intention of making that place a permanent residence, that person shall be considered to have lost residence in the state, county, municipality, precinct, ward, or other election district from which he or she has removed.(5) If a person removes to another state or county, municipality, precinct, ward, or other election district within this State, with the intention of remaining there an indefinite period of time and making it the person’s place of residence, that person shall be considered to have lost residence in the state, county, municipality, precinct, ward, or other election district from which he or she has removed, notwithstanding that person may possess an intention to return at some future time.
(iv) The presentation of a determination of a person’s residence and the boundary line at issue by a map, or, by another means available, shall constitute prima facie evidence of the geographic location of the residence of that person.
(6) If a person goes into another state, county, municipality, precinct, ward, or other election district, or into the District of Columbia, and while there exercises the right of a citizen by voting in an election, that person shall be considered to have lost residence in the state, county, municipality, precinct, ward, or other election district from which he or she removed.(7) School teachers shall not be considered to have lost his or her residence if that person leaves home and temporarily goes into another state, county, municipality, precinct, ward or other election district in this State for the purposes of teaching, with the intention of returning.(8) If a person removes to the District of Columbia or other federal territory to engage in government service, that person shall not be considered to have lost residence in this State during the period of such service unless that person votes in the place to which the person removed, and the place at which that person resided at the time of that person's removal shall be considered and held to be the place of residence.
Enr CS for SB 59 (C) In the event that a person’s residence is not a traditional residence associated with real property, then the location of the usual sleeping area for that person shall be the controlling factor as to the residency of that person.
(9) If a person removes to a county, municipality, precinct, ward, or other election district to engage in the service of the government of this State, that person shall not be considered to have lost residence in the county, municipality, precinct, ward, or other election district from which that person removed, unless that person votes in the place to which the person removed, and the place at which that person resided at the time of that person's removal shall be considered and held to be the place of residence.(10) The establishment of a secondary residence by an elected official outside the district of the elected official shall not constitute prima facie evidence of a change of residence.(11) For the purpose of voting, a spouse shall be eligible to establish a separate domicile.(12) Students who intend to make a home in the community where the student attends school may make that home his or her residence for voter registration purposes.
Residence shall be broadly construed to provide all persons with the opportunity to register to vote, including their stating a mailing address different from a residence address.
(D) A person shall not be considered to have lost his or her residence if that person leaves home and goes into another state, county, municipality, precinct, ward, or other election district of this State, for temporary purposes only, with the intention of returning.
(E) A person shall not be considered to have gained a residence in any county, municipality, precinct, ward, or other election district of this State, into which he or she comes for temporary purposes only, without the intention of making that county, municipality, precinct, ward, or other election district a permanent place of abode.
(4) If the person removes to another state or county, municipality, precinct, ward, or other election district within this State, with the intention of making that place a permanent residence, that person shall be considered to have lost residence in the state, county, municipality, precinct, ward, or other election district from which he or she has removed.
(5) If a person removes to another state or county, municipality, precinct, ward, or other election district within this State, with the intention of remaining there an indefinite period of time and making it the person’s place of residence, that person shall be considered to have lost residence in the state, county, municipality, precinct, ward, or other election district from which he or she has removed, notwithstanding that person may possess an intention to return at some future time.
(6) If a person goes into another state, county, municipality, precinct, ward, or other election district, or into the District of Columbia, and while there exercises the right of a citizen by voting in an election, that person shall be considered to have lost residence in the state, county, municipality, precinct, ward, or other election district from which he or she removed.
Enr CS for SB 59 (7) School teachers shall not be considered to have lost his or her residence if that person leaves home and temporarily goes into another state, county, municipality, precinct, ward or other election district in this State for the purposes of teaching, with the intention of returning.
(8) If a person removes to the District of Columbia or other federal territory to engage in government service, that person shall not be considered to have lost residence in this State during the period of such service unless that person votes in the place to which the person removed, and the place at which that person resided at the time of that person's removal shall be considered and held to be the place of residence.
(9) If a person removes to a county, municipality, precinct, ward, or other election district to engage in the service of the government of this State, that person shall not be considered to have lost residence in the county, municipality, precinct, ward, or other election district from which that person removed, unless that person votes in the place to which the person removed, and the place at which that person resided at the time of that person's removal shall be considered and held to be the place of residence.
(10) The establishment of a secondary residence by an elected official outside the district of the elected official shall not constitute prima facie evidence of a change of residence.
(11) For the purpose of voting, a spouse shall be eligible to establish a separate domicile.
(12) Students who intend to make a home in the community where the student attends school may make that home his or her residence for voter registration purposes.
Enr CS for SB 59 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.
 AdoptedRejected  
...............................................................
Clerk of the Senate ...............................................................
Clerk of the House of Delegates Originated in the Senate.
To take effect January 1, 2027.
...............................................................
President of the Senate ...............................................................
Speaker of the House of Delegates __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor 9
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Action History

  1. Filed for introduction

  2. To Judiciary

  3. Introduced in Senate

  4. To Judiciary

  5. Committee substitute reported

  6. On 1st reading

  7. Read 1st time

  8. On 2nd reading

  9. Read 2nd time

  10. On 3rd reading

  11. Read 3rd time

  12. Passed Senate (Roll No. 195)

  13. Effective January 1, 2027 (Roll No. 196)

  14. Ordered to House

  15. House received Senate message

  16. Introduced in House

  17. To Judiciary

  18. To House Judiciary

  19. Markup Discussion

  20. With amendment, do pass

  21. Immediate consideration

  22. Read 1st time

  23. On 2nd reading, Special Calendar

  24. On 3rd reading with right to amend, Special Calendar

  25. Reported by the Clerk

  26. Amendment reported by the Clerk

  27. Amendment rejected (Voice vote)

  28. Committee amendment adopted (Voice vote)

  29. Read 3rd time

  30. Passed House (Roll No. 413)

  31. Effective January 1, 2027 (Roll No. 414)

  32. Communicated to Senate

  33. House Message received

  34. Senate concurred in House amendments and passed bill (Roll No. 593)

  35. Effective January 1, 2027 (Roll No. 594)

  36. Communicated to House

  37. Completed legislative action

  38. To Governor 3/18/2026

  39. To Governor 3/18/2026 - Senate Journal

  40. Approved by Governor 4/1/2026

  41. Approved by Governor 4/1/2026 - Senate Journal

  42. Approved by Governor 4/1/2026 - House Journal

  43. Chapter 130, Acts, Regular Session, 2026

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on

Sponsors (1)

  • Rucker

Co-sponsors (2)

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"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

Roll Call

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 28001
Unaffiliated 1000
Democrat 4000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MR PRESIDENT — Yea
Anitra Hamilton Democrat Yea
Mike Woelfel Democrat Yea
Mike Woelfel Democrat Yea
Rick Garcia Democrat Yea
Ben Queen Republican Yea
Carl Martin Republican Yea
Chris Phillips Republican Yea
Chris Rose Republican Yea
Chris Rose Republican Yea
Dean Jeffries Republican Yea
Eric Tarr Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jack Woodrum Republican Yea
Jay Taylor Republican Yea
Jimmy Willis Republican Yea
Mark R. Maynard Republican Not Voting
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Trenton Barnhart Republican Yea
Trenton Barnhart Republican Yea

Official roll call →

Roll Call

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 28001
Democrat 4000
Unaffiliated 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
MR PRESIDENT — Yea
Anitra Hamilton Democrat Yea
Mike Woelfel Democrat Yea
Mike Woelfel Democrat Yea
Rick Garcia Democrat Yea
Ben Queen Republican Yea
Carl Martin Republican Yea
Chris Phillips Republican Yea
Chris Rose Republican Yea
Chris Rose Republican Yea
Dean Jeffries Republican Yea
Eric Tarr Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jack Woodrum Republican Not Voting
Jay Taylor Republican Yea
Jimmy Willis Republican Yea
Mark R. Maynard Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Trenton Barnhart Republican Yea
Trenton Barnhart 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 SB 59 do?
Relating to voter eligibility and residency requirements
Who sponsors SB 59?
SB 59 is sponsored by Rucker, Rose, and Darren Thorne (Republican).
What is the current status of SB 59?
This bill has been enacted into law. Introduced January 14, 2026. Enacted.
Where can I track SB 59?
Track SB 59 free on One Click Politics — get push/email alerts when it moves.

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