SB 61 — Prohibiting acceptance of illegal ballots cast in any election

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 61 By SenatorSenators Tarr [Introducedand Thorne [Reported January 14,28, 2026;2026, from the Committee on the Judiciary] CS for SB 61 A BILL to amend and reenact §3-1-41 and §3-9-19 of the Code of West Virginia, 1931, as amended, relating to prohibiting the acceptance and counting of illegal ballots;

referred to the Committee on the Judiciary] Intr SB 61 2026R1414 A BILL to amend and reenact §3-1-41 and §3-9-19 of the Code of West Virginia, 1931, as amended, relating to expressly prohibiting thecounting acceptance of illegalballot ballots cast in anyincorrect election;precinct and providing exception;

andprohibiting providingcounting criminalof penaltiesprovisional forballots intentionallyon andelection knowinglyday; accepting an absentee ballot that does not comply with state requirements for absentee voting.

removing county commission discretion to disregard technical errors, omissions, or oversights in certain circumstances;

and providing criminal penalties for failing to reject ballots or counting ballots in certain circumstances.

(a) NoA ballot cast in any manner except as expressly provided in this chapter shall not be counted in any election.

It is the duty of the membersMembers of the receiving board, jointly or severally, to shall challenge the right of any person requesting a ballot to vote in any election:

(4) If the person fails to present a valid identifying document pursuant to section 34 of this article;article §3-1-34 of this code;

or (5) If any other valid challenge exists against the voter pursuant to section 10, article three of this chapter.chapter §3-3-10 of this code.

The form shall be securely attached to the voter's ballot and deposited together with the ballot in a separate box or 1 CS for SB 61 envelope marked "provisional ballots".

(c) At the time that an individual casts a provisional ballot, the poll clerk shall give the Intr SB 2026R1414 individual written information stating that an individual who casts a provisional ballot will be able to ascertain under the free access system established in this section whether the vote was counted and, if the vote was not counted, the reason that the vote was not counted.

Under no circumstances shall any ballot cast by a voter in the incorrect precinct be counted,counted: except for a voter living with a disability whose polling location is not accessible.

Provided, That a ballot shall be counted if it was cast in an incorrect precinct by a handicapped person whose polling location is not handicap accessible as set forth in §3-1-34(b) of this code.

The county commission shall disregard technical errors, omissionsomissions, or oversights if it can reasonably be ascertained that the challenged voter was entitled to vote:

Provided, That any ballot submitted that does not comply with the procedures set forth in this chapter and the regulationsrules concerning election procedures, including failure to follow the requirements for correctly submitting a ballot in person at the correct precinctpolling location or as prescribed in §3-3-1 et seq.,seq. for absentee voting, shall not be deemed a technical error, omission or oversight, which ballot shall be rejected without discretion.

Any person who violates the provisions of this sectioncode, shallfor beabsentee guiltyvoting, of a misdemeanor and, upon conviction thereof, shall be fined not lessbe thanconsidered $1,000 nor more than $10,000, imprisoned in a statetechnical correctional2 facilityCS for notSB more61 thanerror, oneomission, Intror SBoversight 2026R1414and year,the orballot bothshall finedbe andrejected imprisoned.without discretion.

(f) Any person dulywho, appointedwith asthe anintent Electionto Commissionercommit orfraud, clerkknowingly underand theintentionally provisionsviolates ofthis sectionsubsection 28is guilty of thisa articlemisdemeanor whoand, servesupon inconviction thatthereof, capacityshall inbe afined precinctnot otherless than the$1,000 precinctnor inmore whichthan the$10,000, personimprisoned isin legally entitled to vote may cast a provisionalstate ballotcorrectional infacility thefor precinctnot inmore whichthan theone personyear, isor servingboth asfined aand commissionerimprisoned. or clerk.

The(f) ballotAny isperson notduly invalidappointed foras an election commissioner or clerk under the soleprovisions reasonof section 28 of havingthis beenarticle cast§3-1-28 of this code who serves in that capacity in a precinct other than the precinct in which the person is legally entitled to vote.vote may cast a provisional ballot in the precinct in which the person is serving as a commissioner or clerk.

The ballot is not invalid for the sole reason of having been cast in a precinct other than the precinct in which the person is legally entitled to vote.The county commission shall record the provisional ballot on the voter's permanent registration record:

(g) The Secretary of State shall establish a free access system, which may include a toll- free telephone number or an Internetinternet website, that may be accessed by any individual who casts a provisional ballot to discover whether his or her vote was counted and, if not, the reason that the vote was not counted.

(h) During the early in-person voting period, and in the case of a voter’s address change within the county, the voter may vote in the precinct serving their his or her new address without casting a provisional ballotballot, if the voter shows proof of the new address and the change is completed in the state-statewide wide voter registration system by the county clerk prior to canvass.

(a) Any person who, with the intent to commit fraud, obtains, removes, or disseminates an absent voter’s ballot, intimidates an absent voter, or completes or alters an absent voter’s ballot, is guilty of a felony and, upon conviction thereof, shall be fined not less than $10,000 nor more than 3 CS for SB 61 $20,000, imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.

(b) Notwithstanding subsection (a) of this section, any person who, having procured an absent voter's official ballot or ballots, shall willfully neglect or refuse to return the same as Intr SB 2026R1414 provided in article§3-3-1 threeet ofseq., this chapter, or who shall otherwise willfully violate any of the provisions of said§3-3-1 §3-3-1, et seq., is guilty of a misdemeanor and, onupon conviction thereof, shall be fined not more than $250,$250 or confined in jail for not more than three months.

relating to voting by absentees or discloses to any other person or persons how any absent voter voted, he or she shall, in each instance, be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500,$500 or confined in jail for not more than six months.

(c) Any person whowho, with the intent to commit fraud, knowingly and intentionally counts and includes in the official returns an absentee ballot that does not comply with the provisions of this chapter concerning absentee voting requirements includingincluding, but not limited to, absentee ballots submitted after the statutory deadline or those that do not contain the signature of the absentee voter shallis be guilty of a felony and, upon conviction thereof, shall be fined not less than $10,000 nor more than $20,000, imprisoned in a state correctional facility for not less than one year nor more than five years, or both fined and imprisoned.

NOTE:

The purpose of this bill is to prohibit the acceptance of illegal ballots cast in any election and to provide criminal penalties for intentionally and knowingly accepting an absentee ballot that does not comply with state requirements for absentee voting.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.