West VirginiaHB 54012026 Regular SessionHouse

Relating to voting in West Virginia elections while residing overseas

Sponsored By: Joe Funkhouser (Republican)

Signed by Governor

§3-3-1§3-3-1A

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Easier early and mail absentee voting

Beginning January 1, 2027, you can vote early in person using an absentee ballot. You can also get a mail ballot if you are confined by illness, injury, disability, or immobility from very advanced age. You qualify if you will be out of the county for work, school, or travel, or if you are jailed or on home detention for a nonfelony or certain bribery offenses. Uniformed services and overseas voters may use mail ballots. U.S. citizens temporarily abroad who kept West Virginia as their last domicile, hold valid proof of citizenship, and have not gained new permanent residency can vote by mail. Address Confidentiality Program participants are also eligible.

Electronic and emergency absentee ballots

Beginning January 1, 2027, some voters can vote absentee electronically. You can use it if you have a physical disability, if you are a uniformed services or overseas voter, if you are a qualifying U.S. citizen temporarily abroad, or if you are a first responder called away outside your county and cannot vote in person or by mail. The law also allows emergency absentee ballots for people in a hospital on Election Day, some nursing home residents (less than 30 days, if the county allows service), and people who become confined within 7 days of the election for medical reasons (the clerk may require a doctor’s note). Replacement poll workers assigned outside their district after in‑person absentee voting ends can also use an emergency ballot.

New definitions for voting access

Beginning January 1, 2027, the law defines “disability” and “physical disability” for voting. Physical disability must limit major life activities and make in‑person voting without help impossible. The law also defines which contests count as state elections and which count as federal elections. These definitions guide who can use absentee or electronic voting and which ballot contests are covered.

Overseas voting rules and limits

Beginning January 1, 2027, citizens living abroad who were last domiciled in West Virginia can register and vote by mail in that district. Qualifying “overseas state and federal voters” can vote in both state and federal elections if they meet proof‑of‑citizenship and no‑new‑residency rules. Some voters born outside the U.S. can vote in federal elections using the WV district tied to a parent’s, guardian’s, or spouse’s former domicile, if they have not registered elsewhere. U.S. citizens who were never domiciled in West Virginia cannot vote in WV state, county, municipal, or special elections.

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Sponsors & Cosponsors

Sponsor

Joe Funkhouser
Republican • House

Cosponsors

James Robert "JB" Akers II
Republican • House
Jim Butler
Republican • House
Lori Dittman
Republican • House
Bill Flanigan
Republican • House
Rick Hillenbrand
Republican • House
Phil Mallow
Republican • House
Carl Martin
Republican • House
Ian T. Masters
Republican • House
Erica Moore
Republican • House
Carl "Bill" Roop
Republican • House

Roll Call Votes

All Roll Calls

Yes: 320 • No: 0

House vote • 3/14/2026

Effective January 1, 2027 (Roll No. 652)

Yes: 97 • No: 0

House vote • 3/14/2026

House concurred in Senate amendment and passed bill (Roll No. 651)

Yes: 97 • No: 0

Senate vote • 3/13/2026

Passed Senate with amended title (Roll No. 566)

Yes: 34 • No: 0

House vote • 3/3/2026

Passed House (Roll No. 267)

Yes: 92 • No: 0

Actions Timeline

Approved by Governor 4/1/2026
4/1/2026House
To Governor 3/30/2026
3/30/2026House
House received Senate message
3/14/2026House
House concurred in Senate amendment and passed bill (Roll No. 651)
3/14/2026House
Effective January 1, 2027 (Roll No. 652)
3/14/2026House
House requests Senate to concur in changed effective date
3/14/2026House
Communicated to Senate
3/14/2026House
House Message received
3/14/2026Senate
Completed legislative action
3/14/2026Senate
Effective ninety days from passage
3/14/2026Senate
To Governor 3/30/2026 - Senate Journal
3/14/2026Senate
Approved by Governor 4/1/2026 - Senate Journal
3/14/2026Senate
Approved by Governor 4/1/2026 - House Journal
3/14/2026House
On 3rd reading
3/13/2026Senate
Read 3rd time
3/13/2026Senate
Passed Senate with amended title (Roll No. 566)
3/13/2026Senate
Senate requests House to concur
3/13/2026Senate
On 2nd reading
3/12/2026Senate
Read 2nd time
3/12/2026Senate
Committee amendment adopted (Voice vote)
3/12/2026Senate
Reported do pass, with amendment and title amendment
3/11/2026Senate
Immediate consideration
3/11/2026Senate
Read 1st time
3/11/2026Senate
Introduced in Senate
3/4/2026Senate
To Judiciary
3/4/2026Senate

Bill Text

Committee Substitute
HTML PDF
Engrossed
HTML PDF
Enrolled
HTML PDF
Introduced Version
HTML PDF

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