West Virginia 2022 Regular Session

West Virginia House Bill HB4311

Introduced
1/21/22  
Refer
1/21/22  
Engrossed
2/3/22  
Refer
2/7/22  
Refer
2/7/22  
Report Pass
3/7/22  
Enrolled
3/11/22  
Passed
3/12/22  

Caption

Creating criminal penalties for illegal voting activity

Impact

The enactment of HB 4311 is poised to significantly impact West Virginia's electoral laws by laying down a framework for criminal accountability regarding voting violations. This act reinforces already existing election laws but imposes harsher penalties that may serve as a deterrent against illegal activities. Supporters argue this will enhance voter confidence in the electoral system, while critics voice concerns about potential overreach and the implications for legitimate voters who might be inadvertently affected by stringent enforcement of these new regulations.

Summary

House Bill 4311 introduces significant changes to West Virginia's electoral law by creating strict penalties for illegal voting activities. The bill specifically amends Section 3-9-17 of the Code of West Virginia, and it defines several new criminal offenses related to voting, including voting multiple times, voting when not entitled, procuring illegal votes, and altering ballots. Each of these offenses is categorized as a felony, which carries a potential imprisonment of one to ten years and hefty fines up to $10,000. This effort aims to strengthen the integrity of the electoral process in the state and to deter fraudulent activities.

Sentiment

The sentiment surrounding HB 4311 seems largely supportive among proponents of electoral integrity, particularly among legislators advocating for stronger fraud prevention measures. The bill passed with a notable majority in the House, indicating a consensus among many lawmakers on the necessity of stricter voting laws. However, some opposition exists, particularly from groups concerned about civil liberties and the potential for disenfranchising eligible voters. The discussions highlighted the balancing act between preventing fraud and ensuring access to the ballot.

Contention

Notable points of contention have emerged regarding the bill's strict penalties. Critics argue that the felony classification for these offenses may be excessive and could lead to undue punishment for minor infractions or misunderstandings, which might disproportionately affect specific voter demographics. Additionally, there are fears that the harsh penalties could create an environment of fear among voters, possibly suppressing turnout, as individuals worry about potential legal repercussions. These concerns remain central to the discourse as the bill progresses through legislative review.

Companion Bills

No companion bills found.

Previously Filed As

WV SB636

Prohibiting acceptance of illegal ballots cast in any election

WV SB625

Prohibiting acceptance of illegal ballots cast in any election

WV SB112

Prohibiting acceptance of illegal ballots cast in any election

WV HB1123

Illegal gambling and unlawful gaming; increases criminal penalties.

WV HB2017

Rewriting the Criminal Code

WV HB4006

Relating to revising the criminal code generally

WV HB2401

Relating to revising the criminal code generally

WV HB4273

Relating to revising the criminal code generally

WV HB2527

Relating to revising the criminal code generally

WV HB773

Marijuana; modifies criminal penalties.

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