House Considers Adding Restrictions To Mail-In, Absentee Ballot Processes

In recent years, the integrity of mail-in and absentee voting has become a point of partisan contention across the United States. Concerns over the processes on both sides of the aisle have sparked efforts to either broaden or limit alternative voting methods.

In the West Virginia House of Delegates, a spate of bills set forth by Republican lawmakers aims to modify the electoral process. But not all of these bills have received bipartisan support.

Noncitizen Voting: House Joint Resolution 13

A resolution being considered by the House would add a new measure to voters’ ballots during the 2026 general election.

House Joint Resolution 13 would ask residents to vote on whether to amend the West Virginia Constitution, adding a clause that clarifies  “any person who is not a citizen of the United States” is prohibited from voting “at any election held within this state.”

The bill is sponsored by Del. Scot Heckert, R-Wood. Heckert has said the bill would merely clarify rules already in place, and ensure compliance with federal voting laws.

Noncitizen voting is prohibited by the West Virginia Code, but is not specifically mentioned in the state’s constitution.

Critics of the bill say it would not directly change voting laws in the state. That includes Julie Archer, deputy director of the West Virginia Citizen Action Group. Her organization lobbies for progressive policies surrounding health care, environmental conservation and democratic protection.

“The fact of the matter is that noncitizen voting is already illegal in all 50 states. It’s illegal under federal law,” Archer said.

Del. Evan Hansen, D-Monogalia, described the resolution as a distraction from more pressing issues.

“This is an example of the bill that does nothing except give some red meat to their base and maybe get some more Republicans out to the polls, because they think they’re going to be voting against non-citizens,” Hansen said. “But they’re not. It’s already illegal.”

The resolution has been referred to the House Rules Committee, and awaits further review. House Joint Resolution 13 would also need support from the West Virginia Senate and Gov. Patrick Morrisey to appear on voters’ ballots in the next election.

Unsolicited Absentee Ballot Forms: House Bill 2400

Del. Rick Hillenbrand, R-Hampshire, has sponsored House Bill 2400,  which would prohibit the mailing of unsolicited absentee ballot applications to more than 10 West Virginia residents.

Under the bill, doing so would be designated a misdemeanor punishable by a fine up to $500 or up to six months of imprisonment.

Hillenbrand said during recent elections, some state agencies and outside interest groups nationally have mailed residents absentee ballot applications en masse, which could cause residents to submit applications they do not qualify for.

“You fill it out and submit it without knowing, ‘Well, wait a minute. Maybe I’m not eligible for an absentee ballot,’” Hillenbrand said. “It’s not intended to make it onerous. In fact, it’s pretty easy to go do it. You can get those applications online.”

West Virginia residents are only eligible to participate in absentee voting if they meet specific conditions, like having a disability that makes in-person voting impossible, or temporarily residing outside of one’s home county.

Hillenbrand said his bill would bolster the integrity of an already-strong electoral process in the state. But Hansen views the bill less favorably.

“I think that bill is voter suppression, pure and simple,” Hansen said. “There’s a government form that any West Virginian can download off the internet, and this bill makes it a criminal offense to distribute that form to more than 10 people to allow them to register for an absentee ballot.”

The bill passed its first reading on the House floor Wednesday.

Shortening Mail-In Ballot Deadlines: House Bill 2117

Under current state law, mail-in ballots must be postmarked by 7 p.m. on Election Day to get counted. But House Bill 2117 would require mail-in ballots to be received by the day of the election to be valid.

The bill’s lead sponsor, Del. Doug Smith, R-Mercer, said the bill is partly informed by his own experience voting as a West Virginia resident while stationed overseas.

“I’ve been deployed when I was in the military,” Smith said. “I was in Iraq, got my ballot from West Virginia, and got it in before it was even due. So it can be done.”

Smith also said his bill would preserve the integrity of Election Day.

“Mail-in ballots are given out in plenty of time,” he said. “Waiting until the last minute, I mean, that’s like waiting until the last minute on Election Day to go to the polls. You arrive at eight o’clock, you don’t get a vote.”

But Hansen worries the bill could take the right to vote out of some residents’ hands.

“The one thing that a voter can control is when their absentee ballot is postmarked. What they can’t control is when it gets delivered by the Postal Service,” he said. “I have concerns with this president; he’s potentially going to be messing with the United States Postal Service and firing our federal workers. We won’t be assured that an absentee ballot arrives on time.”

The House Judiciary Committee advanced House Bill 2117 after a committee hearing on Feb. 25. It currently awaits further review.

Election Policy In W.Va.

Overall, Archer said her group worries that most bills coming out of this year’s legislative session add restrictions to the electoral process, instead of making voting easier.

“They also want to continue to use the big lie that the election was stolen to justify restrictive voting policies,” she said.

Hansen agreed, saying he wishes the state legislature would focus on day-to-day concerns affecting West Virginia residents — things like expanding access to clean drinking water and freezing utility rates.

“I think there’s a general sentiment among the Republican Party to make it more difficult to vote,” Hansen said. “There’s been a series of bills that do nothing or that address problems that have never been encountered in West Virginia. It’s just a waste of our time and insulting to the voters who sent us here, because there’s very real problems that we have to solve.”

Meanwhile, Hillenbrand said reexamining the electoral process is part of protecting democratic institutions.

“I think we all want fair, open and trustworthy elections. That’s what we’re all seeking here,” he said. “And again, West Virginia, I think we’re doing pretty good these days.”

West Virginia Public Broadcasting will continue following these bills and more as part of our session-long coverage of the West Virginia Legislature. To see more, visit the webpage for our legislative recap show, The Legislature Today.

A version of this story was televised on The Legislature Today on Feb. 26. Watch at this link.