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West VirginiaSB 592026 Regular SessionSenate

Relating to voter eligibility and residency requirements

Sponsored By: Patricia Rucker (Republican)

Signed by Governor

§3-1-3§3-2-2§3-2-2a

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Regain voting rights after incompetence ruling

Beginning January 1, 2027, if a court once found you totally mentally incompetent, you regain voting rights when the circuit court clerk certifies a filed order showing you are no longer totally mentally incompetent. The clerk does not release that order unless another court orders it or you give written permission.

Who can vote and register in WV

Beginning January 1, 2027, you must be registered to vote in West Virginia. You must be a U.S. citizen, a legal resident of the state and your county or city, and 18 or older. If you are 17 and will turn 18 by the next general election, you may register and vote in primaries. You cannot vote if a court finally adjudicated you totally mentally incompetent, or if you were convicted of treason, a felony, or election bribery, until your sentence is fully discharged or you are pardoned. Disqualification starts at adjudication even if sentencing or appeals are still pending; deferred cases without an adjudication do not count as a conviction. You cannot register or stay registered while serving a sentence for those crimes, or while a court-declared mental disability continues. Changes to the voting and registration sections take effect January 1, 2027.

New residency rules for voting and registration

Beginning January 1, 2027, your legal residence for voting and registration is where you live and intend to stay indefinitely. Officials may look at many things: the home’s setup and where you usually sleep, time spent there, job location, driver’s license state, vehicle or property registration, government and mailing addresses, benefits, and tax filings. A short absence for work, school, service, medical care, or vacation does not end your residence if you plan to return. Moving with intent to live elsewhere ends the old residence, and voting there also ends your old residence. Teachers and government workers keep their old residence during temporary assignments unless they vote where assigned. Students may choose their school community as their voting home even if they do not plan to stay after graduation, and spouses may have separate voting homes.

Residency challenges and 30-day proof rule

Beginning January 1, 2027, the Secretary of State or a county clerk can challenge your residency when you apply to register. A challenger files a form, and the clerk sends you a certified letter. You have 30 days from mailing to appear in person during business hours with proof of residence. If you do not appear, or the mail is returned, your registration is declined; returned mail counts as initial proof you may be ineligible. Maps can serve as initial proof of where an address lies, and for nontraditional homes, the place you usually sleep controls. Officials must read residency rules broadly so people can register, and you may list a mailing address that is different from your home address.

Sponsors & Cosponsors

Sponsor

  • Patricia Rucker

    Republican • Senate

Cosponsors

  • Chris Rose

    Republican • Senate

  • Darren Thorne

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 319 • No: 5

Senate vote • 3/13/2026

Effective January 1, 2027 (Roll No. 594)

Yes: 33 • No: 0

Senate vote • 3/13/2026

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

Yes: 33 • No: 0

House vote • 3/12/2026

Effective January 1, 2027 (Roll No. 414)

Yes: 95 • No: 1

House vote • 3/12/2026

Passed House (Roll No. 413)

Yes: 92 • No: 4

Senate vote • 2/23/2026

Effective January 1, 2027 (Roll No. 196)

Yes: 33 • No: 0

Senate vote • 2/23/2026

Passed Senate (Roll No. 195)

Yes: 33 • No: 0

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026Senate

  2. To Governor 3/18/2026

    3/18/2026Senate

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

    3/14/2026Senate

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

    3/14/2026Senate

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

    3/14/2026House

  6. House Message received

    3/13/2026Senate

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

    3/13/2026Senate

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

    3/13/2026Senate

  9. Communicated to House

    3/13/2026Senate

  10. Completed legislative action

    3/13/2026Senate

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

    3/12/2026House

  12. Reported by the Clerk

    3/12/2026House

  13. Amendment reported by the Clerk

    3/12/2026House

  14. Amendment rejected (Voice vote)

    3/12/2026House

  15. Committee amendment adopted (Voice vote)

    3/12/2026House

  16. Read 3rd time

    3/12/2026House

  17. Passed House (Roll No. 413)

    3/12/2026House

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

    3/12/2026House

  19. Communicated to Senate

    3/12/2026House

  20. On 2nd reading, Special Calendar

    3/11/2026House

  21. With amendment, do pass

    3/10/2026House

  22. Immediate consideration

    3/10/2026House

  23. Read 1st time

    3/10/2026House

  24. Markup Discussion

    3/9/2026House

  25. On 3rd reading

    2/23/2026Senate

Bill Text

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