Senate Moves Vetoed Election Bill Across Legislative Finish Line

The Senate amended and re-passed a rules bundle bill during its Thursday floor session after Governor Patrick Morrisey vetoed it on April 1.

The West Virginia Senate amended and re-passed a rules bundle bill during their Thursday floor session after Gov. Patrick Morrisey vetoed it on April 1.

Senate Bill 369 was vetoed and returned to the Legislature by Morrisey on Tuesday for what the governor’s office called, in a letter to Senate President Randy Smith, “its imprecise and unwieldy regulation of political action committees [that] will likely cause confusion for those attempting to have their voices heard in our political process,” 

The Senate took the bill back up during its Thursday morning floor session.

West Virginia’s Secretary of State, Kris Warner, released a statement minutes before the Senate’s floor session, expressing frustration over Morrisey’s veto and asking legislators to override it.

Warner said in the release that the rules bundle had been published for public review and comment for at least eight months, and he was shocked when Morrisey vetoed the bill.

“Not only is it questionable whether a governor can ‘veto’ a Legislative Rule, this was the first time anyone raised concerns with this rule’s language in the last eight months,” Warner wrote.

In addition to state agency regulations, Warner said the rules bundle in Senate Bill 369 updates campaign finance rules that aim to increase transparency in political campaign finances, and alleged that to be the real reason for the governor’s veto.

“Who, I wonder, is ‘attempting to have their voices heard in our political process’ that cannot under our existing or proposed rules? Federal and state laws provide broad protections and rights for citizens to voice their opinions,” Warner wrote. “The government’s interest in regulating that speech has been extensively litigated.”

Warner said in his statement that the public deserved the time to review the new version of the bundle, which he, senior counsel, and staff of the House and Senate, the governor’s attorney, and his staff revised and “had their days hijacked because of this easily avoidable situation.”

“I’m confident that the revised language is palatable—it merely provides guidance for existing law,” Warner wrote. “But what if it were something else such as a topic that impacts the daily lives of citizens, the public health, our schools? Had we been approached, we would have explained the well-researched updates and offered to clarify any ambiguous provisions. But that’s not what happened.”

Sen. Patrick Martin, R-Lewis and Senate Majority Leader, made the motion for the body to reconsider the bill during Thursday’s floor session.

“I move that, in accordance with section 14, Article Seven of the Constitution the state of West Virginia, that the Senate proceed to reconsider enrolled committee substitute for Senate Bill 369 and heretofore disapproved and returned to His Excellency, the governor, with his objections,” Martin said.

Senators amended the bill without discussion to provide clarity for candidates who form and operate separate political action committees under existing law. 

Martin explained the amendment on the floor.

“The state election commission, by the Secretary of State, revised the language in Section 14 of the rule to provide clarity and guidance as requested in the public comment as follows,” Martin said. “To provide clarity for candidates who form and operate separate political action committees under existing law, which must be separate from candidates’ committee funding and activities, two reinforcing existing law regarding coordinated expenses and prohibited use of funds for personal use, I urge adoption.”

The bill passed unanimously, as amended.

The bill was made effective upon passage and is designated as completed legislation on the legislature’s website.

Warner closed his statement by expressing his frustrations, but acknowledging and thanking the staff who made the revisions possible under a tight deadline.

“So while we were able to get the rule back on track, I’m frustrated with how we got here,” he said. “I’m frustrated with how many legislators, staff, and attorneys had their days hijacked because of this easily avoidable situation. Election-related regulations are directly within my jurisdiction according to the State Constitution and West Virginia Code as the State’s Chief Election Officer. Campaign finance regulations fall to the State Election Commission, of which I am a member by law. In the future, I’m hopeful that concerns with election regulations are raised before the timeclock runs out, and so the public has ample opportunity to participate.”

Morrisey’s office did not respond to WVPB’s request for comment. But, on Thursday afternoon, Morrisey responded to two journalists’ X posts discussing Warner’s statement from his campaign and personal account, claiming his office “helped them fix the issues and clean things up. We do need to get things right.”

X Screenshot captured at 4:35 p.m. on April 3, 2025.

The original version of Senate Bill 369 also had two technical errors.

The first technical error was in the proposed changes to the licensure and regulation of pharmacies.

Lawmakers passed and sent Senate Bill 291, allowing the Board of Pharmacies to provide registration every two years, instead of annually, to the governor for his signature on March 18. Morrisey signed the bill into law on March 24.

Language included in the original version of Senate Bill 369, which was passed by lawmakers and sent to the governor for his signature on March 25, would have required the Board of Pharmacies to provide annual registration and annual license fees, conflicting with Senate Bill 291.

The second technical error was the absence of a section name on a proposal for the Board of Respiratory Care that, according to Morrisey’s office, would have made it inconsistent with procedural formatting standards.

West Virginia’s Vaccine Divide

As kids head back to school, pediatricians are reminding parents that their child must be immunized to attend school. But for some, this routine has become a time to grapple with fears about the safety of their children.

As kids head back to school, pediatricians are reminding parents that up to date vaccinations are required by the state. For some, it’s a routine part of the season, for others, a time to grapple with a decision determining the safety of their children.

There are passionate parents and physicians on both sides of the vaccine divide, but they do have commonalities. They each want the best for West Virginia’s children, and they want parents to be educated about inoculation.

It is no secret that West Virginia has some of the worst health outcomes in the country. Residents of the Mountain State are accustomed to seeing the state ranked high in diabetes, heart disease, obesity, rates of tobacco use and more.

West Virginia also lags behind in vaccination rates for very young kids. According to 2021 data, West Virginia’s childhood vaccination rate was the lowest in the country at 56.6 percent.

However, there is one aspect of health where the state leads the nation: school-age childhood vaccination rates.

Kids cannot attend school in West Virginia unless they are vaccinated against Diphtheria, Pertussis, Tetanus, Polio, Measles/mumps/rubella, chickenpox and Hepatitis B.

Dr. Jennifer Gerlach is a pediatrician and associate professor at Marshall Health and the president of the West Virginia Chapter of the American Academy of Pediatrics.

“If you look at West Virginia’s immunization rates before school, our young children, we have one of the lowest rates of vaccines in the country,” Gerlach said. “But then when children hit the West Virginia school system, we have one of the highest rates of immunizations, and that fact protects all West Virginians of all ages, because our school immunization policy is so strong.”

The only exceptions are rare circumstances where parents can show their child has an allergy to an ingredient in a vaccine, or is taking medication, such as certain cancer treatments, that weakens their immune system. Medical exemptions are rare and require both a letter from a doctor and approval from the state immunization officer. 

But that strict policy and high vaccination rate, a bragging right for some, is for others a constraint of parental choice.

Chanda Adkins is a pharmacist, former state delegate and member of West Virginians for Health Freedom (WVHF), an organization that “advocates for legislative policies that recognize parental choice without discrimination.”

“We’re one of five that don’t have a religious exemption,” Adkins said. “So when you look at Appalachia, we’re kind of like this little island in the middle.”

At a coffee shop in Beckley, West Virginia, Adkins explained her stance on vaccination and the problems she has with West Virginia’s vaccination policy.

“When I think of health freedom, I think that someone has the ability to choose any kind of medical procedure, medication, anything that will affect their health they can have the freedom to choose to get the information and to make an informed choice decision about that,” Adkins said.

Adkins says shots should not be required and believes the process to obtain a medical exemption is too strict.

“Obviously, I don’t want any mandates,” Adkins said. “Most of the states in the country have mandates [that] say to come to school, you have to do this, but they have the exemptions.”

She believes physicians are dismissive of concerns from parents about possible vaccine side effects and that the child’s parent should be considered the expert, no matter the situation.

“I’m a residency-trained pharmacist, you know, I’m educated,” Adkins said. “How dare you talk about these people this way? Or just because they may not have medical degrees, but they know their children better than you do.”

Based on concerns like this, during the 2024 legislative session, state lawmakers passed a bill that would have loosened West Virginia’s school-entry vaccine requirements for virtual public school students and private school students. 

The bill was vetoed by Gov. Jim Justice who said he was convinced by an outpouring of opposition to the bill from the state’s medical community.

Dr. Lisa Costello is a pediatric hospitalist at West Virginia University Children’s Hospital. She is also the immediate past president of the West Virginia State Medical Association and the West Virginia Chapter of the American Academy of Pediatrics.

Costello was one of the physicians who advocated to keep the current requirements in place.

“Giving people the opportunity to loosen, weaken our immunization policy opens up the door for preventable, debilitating diseases to come back in,” Costello said.

Unlike surrounding states, West Virginia has not had an outbreak of a vaccine-preventable disease in decades.

But in April this year, the state did see its first case of measles since 2009, when an “under-vaccinated” individual in Morgantown came back from an overseas trip. That case was contained to one person, though more than 150 people were exposed. State health experts said that only West Virginia’s herd immunity – the fact that so many people are vaccinated – kept it from becoming an outbreak.

Herd immunity means a large enough part of the population is vaccinated or has been infected so that a particular virus can never get a foothold.

“Herd immunity is a slang term used to denote a threshold of when enough individuals in a herd are immunized such that the disease does not have enough hosts to spread from person to person,” said Dr. Steven Eshenaur, health officer and executive director of the Kanawha-Charleston Health Department. “Unfortunately, the thresholds are very, very low to lose herd immunity.”

Gerlach said she is happy to discuss concerns with parents.

“As a pediatrician, I really want this to be a running conversation with my patients and their parents, if they are worried or concerned, I want to talk about it, and I want to keep talking about it,” Gerlach said.

Brooke Sargent is a nurse practitioner and parent of a one-year-old. She said she is supportive of vaccines but has family members who are hesitant to vaccinate, and said other providers did listen to those concerns.

“They’ve kind of just delayed them a little bit, and they’ve been respectful, kind of how they felt about that,” Sargent said.

When asked if she thinks the push to weaken school-entry vaccination policies in West Virginia is coming from parents or politics, Sargent responded, “That’s a tougher question. I think the push primarily is coming from parents more than political just kind of feeling like, ‘Why risk anything if we don’t have to?’”

Some parents have a myriad of concerns about vaccination. People like Chanda Adkins fear adverse events or side effects may injure their child rather than protect them.

“Some people may want the law changed because they want to send their kids to school,” Adkins said. “Some people may want the law change because they’re very afraid of a vaccine injury. Some people may want the law changed because their deeply held religious beliefs prohibit them from participating in this Act and their children don’t have certain opportunities because they won’t do that.”

Dr. Andrea Lauffer is a hospitalist and pediatrician at Thomas Health. She said the most common side effect of a vaccine is an injection site reaction that dissipates in a day or so.

“Certainly, are there rarities that occur, they are so rare but so rare that I have yet to see it in my clinical experience,” Lauffer said.

Adkins said WVHF wants to be seen as a community of people who don’t want to see bad things happen.

“We’re just West Virginians,” Adkins said. “We’re not crazy. We’re educated. And we love people. And we want to see our kids thrive. And we want to see families and people come behind us and thrive. And it’s not because we want anybody to catch a disease.”

Throughout the day we spent in the pediatrician’s office, Dr. Tim Lefeber, a general pediatrician and associate professor of Pediatrics at West Virginia University asked each family that visited his office if they would be willing to speak to our station about their vaccination beliefs. All but two, who are nurses at the hospital, declined.

The debate isn’t over. Vaccine skeptics in the legislature have vowed to try again to loosen requirements in 2025.

Before Justice vetoed the bill to loosen vaccine law in West Virginia, state Sen. Mike Stuart, R-Kanawha, posted on X that if the bill was vetoed, there would be a push from conservatives in the legislature for a new bill to allow for religious exemptions in 2025.

Lauffer said West Virginia’s medical community will pay close attention to the next legislative session and continue to advocate for strong vaccination laws.

“Immunizations have a ripple effect, and that they protect the patient, and then they protect others around the patient,” Lauffer said. “And so I do think that this will, if this is brought up again, which I think it will be, I think that there will be another response to remind our policymakers that this could be a threat to the health and well-being of West Virginians.”

Editor’s Note: This story is part of a series we’re calling “Public Health, Public Trust,” running through August. It is a collaboration with the Global Health Reporting Center and is supported by the Pulitzer Center. 

The Governor’s Signed And Vetoed Bills, COVID-19 Impacts And The Race For U.S. Senate, This West Virginia Week

WVPB looked at what did and didn’t get the governor’s signature and we continue our series looking back at the effects of the COVID-19 pandemic four years after its start.

We also take a look at the Republican primary race for a U.S. Senate seat, as well as updates from the state police on investigations into sexual misconduct.

On this West Virginia Week, the deadline for the governor to sign or veto bills from the state legislature’s regular session before they automatically become law was this week, and WVPB looked at what did and didn’t get the governor’s signature.

We continue our series looking back at the effects of the COVID-19 pandemic on retail and outdoor recreation four years after its start.

We also take a look at the Republican primary race for a U.S. Senate seat, as well as updates from the state police on investigations into sexual misconduct.

Chris Schulz is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick and Randy Yohe.

Learn more about West Virginia Week.

Justice Vetoes Bill To Ease Vaccine Requirements For Some Schools

On the final day of bill signing from the 2024 regular legislative session, Justice vetoed controversial House Bill 5105.

Gov. Jim Justice has vetoed a bill to ease vaccine requirements for many of the state’s school-age children.

On the final day of bill signing from the 2024 regular legislative session, Justice vetoed House Bill 5105.

The controversial bill would have changed West Virginia’s vaccination requirements by allowing virtual public school students to be exempt from vaccination policies and for private and parochial schools to institute their own policies either exempting students or not.

In a statement, Justice said he was persuaded by the state’s leading medical experts, who advised him to veto the bill.

“Since this legislation was passed, I have heard constant, strong opposition to this legislation from our state’s medical community,” Justice said. “The overwhelming majority that have voiced their opinion believe that this legislation will do irreparable harm by crippling childhood immunity to diseases such as mumps and measles.”

Justice added that spikes in measles in surrounding states with less stringent vaccine requirements guided his decision.

“West Virginia historically has seen very few instances of these diseases, specifically because the vaccination requirements in this state are so strong,” he said. “Importantly, the vaccines at issue have been required in this state for decades and have kept our communities safe.”

As the regular session wound down earlier this month, the House approved HB 5105 on a vote of 70 to 29 and in the Senate by 20 to 12.

As the law stands, all students in West Virginia have to receive vaccines for diseases like polio and measles, unless they are homeschooled or medically exempt.

Justice said parents from private and parochial schools voiced their opposition to the bill.

“We have heard from this community that they see this bill as purely divisive and, if signed into law, requiring consideration of adopting policies that will result in parents pulling their children from their schools,” he said.

Justice said while he understood those who saw the issue as one of freedom to make other health decisions, he could not ignore the “wisdom” of the medical community.

“I will defer to our licensed medical professionals who have come forward overwhelmingly to say this bill could and likely would result in reduced immunity and harm to West Virginia’s kids. Our kids are our future. They are our most important resource, and I will protect them with everything I have.”

Justice Vetoes Bill To Expand Size Of Renewable Power Projects

Justice on Tuesday vetoed House Bill 5528. The bill would have let power companies build individual solar or wind projects up to 100 megawatts.

Gov. Jim Justice has vetoed a bill that would have expanded the size of renewable electricity facilities in the state.

Justice on Tuesday vetoed House Bill 5528. The bill would have let power companies build individual solar or wind projects up to 100 megawatts.

Current law allows for projects of 50 megawatts. But it also includes a sunset provision that ends the window for such projects early next year. HB 5528 would have lifted the provision.

The bill passed by wide margins in both chambers: 61 to 36 in the House and 32 to 1 in the Senate.

The veto comes as utilities are expanding renewable power, especially solar. Mon Power’s Fort Martin solar facility in Monongalia County became operational in January. It produces 19 megawatts. 

Mon Power is building two other solar projects and seeking approval for two more. 

Last week, the U.S. Department of Energy announced funding up to $129 million to construct a solar facility on two former coal mines in Nicholas County. The governor’s veto should not affect the project.

In a letter to lawmakers Tuesday, Justice said he vetoed the bill to protect the coal industry. Justice himself owns numerous coal companies.

“I fear this well-intentioned bill will further encourage these companies to drop coal generated power and continue to turn toward more expensive options outside of West Virginia,” Justice wrote. “It could also lead to job loss by putting coal mines and coal generating facilities out of business quickly.”

Nearly 90 percent of the state’s power comes from coal, though nationwide, coal use has fallen below 20 percent.

Commissioner Carper Calls For Vaccine Bill Veto

A county commissioner has joined a chorus of healthcare professionals asking Gov. Jim Justice to veto a bill that would eliminate vaccine requirements for certain students in West Virginia.

Kanawha County Commissioner Kent Carper announced in a press release Tuesday he supports a veto of House Bill 5105.

House Bill 5105 would allow virtual public school students to be exempt from vaccination policies and for private and parochial schools to institute their own policies either exempting students or not.

As the law stands, all students in West Virginia have to receive vaccines for diseases like polio and measles, unless they are homeschooled or medically exempt.

“I understand the importance of Gov. Justice taking his time to review this bill in its entirety before making his final decision,” Carper said in a press release. “By vetoing this bill, the governor will take a strong stance to show the importance of protecting our vulnerable populations, including young children and seniors.”

Carper’s release joins that of Dr. Steven Eschenaur, the Kanawha-Charleston health officer, who published a statement on March 11, asking Justice to veto the bill.

“As a Public Health Officer, experienced emergency room physician and veteran, I have seen first-hand the ravages of the diseases West Virginia’s current childhood immunization laws protect against,” Eschenaur stated. “I am deeply worried about the consequences on public health with the passage of HB 5105. By allowing philosophical exemptions to the law, we are weakening the public’s ability to prevent measles, mumps, tetanus, meningitis and polio.”

Carper also encouraged other current elected officials and those running for office in the state to support the veto of the bill.

The American Academy of Pediatrics (AAP) and its West Virginia chapter sent a letter to Gov. Jim Justice on March 14, urging him to veto the bill.

“As we continue to experience the effects of the global coronavirus pandemic and its impact on children’s health, we need strong policies that support our public health systems to fight diseases. West Virginia HB 5105 would remove certain schools from West Virginia’s school-entry immunization requirements under existing statute. AAP policy cautions states against expanding nonmedical exemptions for childhood immunizations to protect children where they learn and in the greater community where they live.”

According to the West Virginia Legislature website, while the legislature is in session, the governor has five days to approve or veto a bill. After the legislature adjourns, the governor has 15 days to act on most bills. If the governor does not act within these time limits, bills automatically become law without his or her signature.

Justice has until Wednesday, March 26 to veto or approve House Bill 5105 or allow it to become law without his signature.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

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