WEST virginia legislature
2025 regular session
Introduced
Senate Bill 877
By Senator Rucker
[Introduced March 21, 2025; referredto the Committee on the Judiciary]
A BILL to amend and reenact §3-11-2 and §3-11-4 of the Code of West Virginia, 1931, as amended, relating to requiring the resolution passed by the Legislature for proposed constitutional amendments to include the language to be included on official ballots to be voted at the election at which such amendments are submitted to the voters of the state.
Be it enacted by the Legislature of West Virginia:
## Article 11. Amendments to the State Constitution.
In any joint resolution proposing an amendment to the West Virginia Constitution, for ratification or rejection by the voters, the Legislature shall for convenience of reference thereto, assign a title to such proposed amendment and shall set forth a summary of the purpose of such proposed amendment. If the Legislature shall fail in any such resolution to include a title and summary, or either, the Secretary of State shall supply such omission or omissions, and certify the same to the ballot commissioners of each county. Whether set forth in such resolution or certified by the Secretary of State, it shall be the duty of the ballot commissioners in each county to place upon the official ballot at the election at which such proposed amendment is to be voted upon, or upon the ballot label in counties where voting machines are used, the title and summary of such proposed Constitutional amendment, alongside the description of the proposed amendment as prescribed by the joint resolution proposing the amendment.
The Legislature may, in the joint resolution, give a proposed amendment a number. If this is done, and if there is more than one amendment submitted at the same election, the position of such amendment on the ballot shall be in accordance with the number so designated. When numbers are not so designated by the Legislature, the Secretary of State, in certifying the election ballot, shall number the amendments consecutively in accordance with the dates of their final submission by the Legislature.
The Legislature shall, in the joint resolution, designate the election at which the proposed Constitutional amendment shall be submitted to the voters.
For the purpose of enabling the voters of the state to vote on the question of proposed amendments to the Constitution at the election at which they are to be submitted, the board of ballot commissioners of each county shall place upon, and at the foot of, the official ballot to be voted at that election, under the heading "Ballot on Constitutional Amendments," as to each proposed amendment, the following:
No. ....................................................
(title of amendment)
.............................................................
.............................................................
(summary of purpose)
.............................................................
.............................................................
(description)
[ ] For
[ ] Against
The description of each proposed amendment shall be reflected on the official ballot as it appears in the joint resolution proposing the amendment.
The election on each proposed amendment at each place of voting shall be superintended, conducted and returned, and the result thereof ascertained by the same officers and in the same manner as the election of officers to be voted for at said election, and all the provisions of the law relating to general elections, including all duties to be performed by any officer or board, as far as practicable, and not inconsistent with anything herein contained, shall apply to an election held under the provisions of this article. The ballots cast on the question of any proposed amendment shall be counted as other ballots cast at said election.
NOTE: The purpose of this bill is to require that the Legislature prescribe a description of proposed amendments to the Constitution of the State of West Virginia, which are to be included on ballots used in the election at which amendments are submitted to the voters of the state.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.