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Government responses to and political effects of the coronavirus pandemic, 2020 (West Virginia)
Ballotpedia’s coverage of COVID-19 includes how federal, state, and local governments are responding, and how those responses are influencing election rules and operations, political campaigns, the economy, schools, and more.
This article contains coverage of eight kinds of state government responses to the coronavirus pandemic in 2020. The article tracks developments in these areas that took place between the start of the pandemic in March 2020 through Dec. 4, 2020. The government responses covered here include:
- Changes to election dates and procedures in 2020
- Initial stay-at-home orders
- Executive orders
- Coronavirus-related legislation in 2020
- Changes to the state's 2020 legislative session
- Court closures
- The release of inmates
- Rent, mortgage, eviction, and foreclosure policies
Additionally, the article includes:
- Arguments related to the state's response to the coronavirus
- Individual industries and activities from May 15 through July 31
- The state's initial plan to reopen from March and April 2020 closures
- Coronavirus resources relevant to the state.
To view current coverage areas, including mask requirements, school responses, travel restrictions, and much more, click a state in the map below.
Changes to election dates and procedures, March 16 through November 19
General election changes
West Virginia modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
- Absentee/mail-in voting: All voters "concerned about their health and safety because of COVID-19" were eligible to vote absentee in the general election. An online absentee ballot request portal was created.
For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.
Primary election changes
West Virginia modified its primary election process as follows:
- Election postponements: The primary election was postponed from May 12 to June 9.
- Voting procedures: Absentee ballot application mailed to every registered voter for the primary election.
For a full timeline about election modifications made in response to the COVID-19 outbreak, click here.
Click the gray bar below for more detailed information.
Statewide stay-at-home order, March 23 through December 4
Gov. Jim Justice (R) declared a state of emergency on March 16, 2020. At the time of the declaration, there were no confirmed coronavirus cases in the state.[4]
On March 24, 2020, Justice issued Executive Order No. 9-20, which directs all West Virginians to stay at home and limit movements outside of their homes beyond essential needs.[5] The order was originally scheduled to remain in effect until terminated by a subsequent executive order.
On May 4, Justice replaced the state's stay-at-home order with a safer-at-home order. The order encouraged people to stay home unless engaged in an essential activity but did not require them to do so. Many non-essential businesses were still closed under the order. Some small businesses were allowed to reopen with restrictions.[6]
Here is a list of essential businesses and operations, per the West Virginia Department of Health and Human Resources. You can view the full executive order [1]
| “ |
Essential Business and Operations
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Executive orders, March 30 through June 29
- State of Emergency declared
- Proclamation on state preparedness
- Announcement of statewide school closures
- Governor Announces Closure of Restaurants and Bars
- Executive Oder 2-20
- Executive Order 3-20 Closure of Gyms and Recreational Facilities
- Executive Order 4-20 Providing Unemployment Benefits
- Executive Order 5-20 Declaring Counties Have Authority to Evaluate Courthouse Services
- Executive Order 6-20 Closure of Barbershops and Salons
- Executive Order 7-20 Suspending Specified Statutory Regulations for the Duration of the State of Emergency
- Executive Order 8-20 Statewide Closure of all State Park Lodges and Closure of Hatfield McCoy Trail to the General Public
- Executive Order 9-20 Declare And Order: Stay At Home Or Your Place Of Residence; Non-Essential Businesses And Operations Must Temporarily Cease Operations; Essential Businesses And Operations Shall Continue To Operate; Prohibited Activities; Avoid Social Gatherings
- Gov. Justice Appoints Clay Marsh as COVID-19 Czar
- Executive Order 10-20 Declare and Order that the Listed Statutory Regulations are to be Suspended for the Duration of the State of Emergency; and Declare and Order the Listed Paragraphs of Executive Order No. 7-20 are Amended
- Executive Order 11-20 Declare the Listed Statutory Regulations are to be Suspended for the Duration of the State of Emergency; and to Amend Paragraph 5 of Executive Order No. 7-20
- Executive Order 12-20 Declare and Order that the Listed Statutory Regulations are to be Reinstated Immediately
- Executive Order 13-20 Declare and Order the Suspension of Listed Statutory Regulations Regarding Taxes
- Executive Order 14-20 All State Park Campgrounds Shall Be Closed; That All Individuals Who Are Traveling From Areas With Substantial Spread Of Covid-19 Are Required To Isolate For 14 Days Upon Entry To WV
- Executive Order 15-20 Declare and Order that all Private Campgrounds Shall be Closed to Any New Arrivals to Such Private Campgrounds who Have Traveled from Outside of West Virginia, with Listed Exceptions
- Executive Order 16-20 Declare and Order that All Elective Medical Procedures are Hereby Prohibited
- Executive Order 17-20 Declare and Order that the Listed Statutory Regulations are to be Suspended for the Duration of the State of Emergency
- Executive Order 18-20 Declare and Order that the Primary Election Scheduled for May 12, 2020 Shall be Moved to June 9, 2020
- Executive Order 19-20 Declare and Order that the Listed Regulatory Statutes are Suspended for the Duration of the State of Emergency
- Executive Order 20-20 As a Necessary Measure to Respond to the Outbreak of the Covid-19 Virus, Declare and Order, for the Counties of Berkeley, Jefferson and Morgan, Certain Provisions of Executive Order 9-20 and Other Executive Orders are Amended as Listed
- Executive Order 21-20 As a Necessary Measure to Respond to the Outbreak of the Covid-19 Virus, Declare and Order, for the Counties of Harrison, Kanawha, and Monongalia, Certain Provisions of Executive Order 9-20 and Other Executive Orders are Amended as Listed
- Executive Order 23-20 Declare and Order the Listed Statutory Regulations and Provisions are Suspended; And, Declare and Order, Effective April 10, 2020, Procedures for All Public and Private Golf Courses; And Allowance for Municipality’s to Hold Elections on Primary Elections Day, June 9, 2020
- Executive Order 20-26 Declare and Order that the Listed Statutory Regulations are Suspended for the Duration of the State of Emergency
- Executive Order 207-20 Declare and Order Testing of all Individuals Who Reside or Work in the Nursing Homes Throughout the State
- Executive Order 28-20 Declare an Amendment to EO 16-20, Outlining a Procedure to Allow More Urgent Elective Medical Procedures to be Resumed at a Hospital or Ambulatory Surgical Center that is Regulated by Ohflac
Court closures, March 17 through November 4
- June 3, 2020: The West Virginia Supreme Court released coronavirus guidance for the public. The guidance includes required masks or face-covering for anyone entering judicial work areas and social distancing measures.[7]
- May 6, 2020: The West Virginia Supreme Court issued an order and protocols regarding the resumption of operations. Under the order, in-person proceedings could resume on or after May 18. Grand jury proceedings could resume on or after June 15, and petit jury trials could commence on or after June 29. Protocols included the continued use of remote proceedings via video or teleconference where appropriate and required judicial offices and court spaces to be thoroughly disinfected prior to resuming operations.[8]
- April 22, 2020: The West Virginia Supreme Court extended restrictions on in-person proceedings and suspension of jury trials through May 15. Prior to the order, restrictions were set to expire May 1.[9]
- April 3, 2020: The West Virginia Supreme Court extended their March 23 order, and suspended all in-person proceedings, with a few exceptions, and jury trials through May 1, 2020.[10]
- March 23, 2020: The West Virginia Supreme Court declared a judicial emergency and suspended all in-person proceedings, with a few exceptions, and jury trials through April 10, 2020.[11]
- March 12, 2020: The West Virginia Supreme Court ordered that courts postpone nonessential proceedings and use technology to minimize in-person contact.[12]
Legislative session changes, March 20 through October 1
No modifications to state legislative activity in West Virginia were made.
Proposed and enacted legislation, March 25 through August 19
See below for a complete list of bills related to the coronavirus pandemic in West Virginia. To learn more about a particular bill, click its title. This information is provided by BillTrack50 and LegiScan.
Rent, mortgage, eviction, and foreclosure policies, April 9 through November 24
- May 6, 2020: The West Virginia Supreme Court of Appeals issued an order which allowed nonessential in-person proceedings to resume on May 16, including eviction proceedings.[13]
- March 22, 2020: The West Virginia Supreme Court of Appeals issued an order which suspended nonessential in-person proceedings, including eviction proceedings.[14]
Prison inmate release responses, March 30 through July 1
- March 27, 2020: The West Virginia Department of Military Affairs and Public Safety announced they released two-groups of inmates as a coronavirus precaution.[15]
Ballotpedia is covering the debate over continuing restrictions and closures in West Virginia in response to the coronavirus pandemic. Click on the links below to read more about these debates.
- Debate over the stay-at-home order
- Debate over school closures
- Debate over religious service restrictions
- Debate over election policy
- Debate over economic impact
- Debate over executive orders
Status of industries, May 15 through July 31
Between May 15 and July 31, we conducted detailed tracking of industries and activities in each state daily.
- "Yes" means an activity was allowed or an industry was permitted to open. "No" means an activity was not allowed or an industry was not permitted to reopen.
- Some rules were applied regionally rather than statewide. Each cell shows the loosest restriction in place at the time, or the broadest level of an activity permitted in the state, even if that activity was only permitted regionally. Where applicable, we indicated that an activity was only permitted regionally, and provided details in a cell note. For example, if gyms were permitted to open in half of a state, the spreadsheet would say "Yes (regionally)," and differences between the regions would be explained in a note.
- A lack of detail in a note or parentheses does not necessarily mean that an activity or industry was "back to normal." We did our best to capture caveats, exceptions, and modifications to activities. We acknowledge, though, that states put forth a large number of requirements for many industries and activities.
Initial reopening plan from March and April 2020 closures
West Virginia released an initial reopening plan from March and April 2020 closures on April 27, 2020. An analysis of this plan appeared in our Documenting America's Path to Recovery newsletter on June 17. The sections below include an analysis of the plan, the details of the plan, and reactions from officials to the plan.
West Virginia released its reopening plan, called West Virginia Strong—The Comeback ', on April 27, 2020. An analysis of this plan appeared in our Documenting America's Path to Recovery newsletter on June 17. The sections below include an analysis of the reopening plan, the details of the plan, and reactions from officials to the plan.
Summary from Documenting America's Path to Recovery
On April 27, 2020, West Virginia Gov. Jim Justice (R) announced a phased plan to lift restrictions put in place to combat the spread of the coronavirus called “West Virginia Strong—The Comeback.” The plan called for gradually lifting restrictions on a week-by-week basis beginning April 30. Announcing the plan, Justice said, “We’ve come up with a methodology that we think will move us forward, with science and math behind it, and experts behind it, and leadership behind it, we’re absolutely moving in the right way. We’re going to monitor and watch every day and we’re going to take small steps and we will see where we are.” He also said, “If we’ve got to stop, or slow, or back up, then that’s what we’re going to do. You’ve done good work so far, West Virginia, and now we’re going to have to move forward. We cannot sit still forever because too many bad things will happen.” For the plan to start, the statewide cumulative percent of positive test results had to remain below 3% between April 27 and April 29.
Context
- Justice issued a statewide stay-at-home order on March 24, eight days after declaring a state of emergency in all West Virginia counties. The stay-at-home order directed people in West Virginia to stay at home unless performing essential activities and closed non-essential businesses. The order did not include an expiration date. On May 4, Justice replaced the stay-at-home order with a less restrictive “Safer At Home” order that encouraged West Virginians to stay home and eased restrictions on some businesses.
- As of June 17, West Virginia had 2,358 COVID-19 cases and 88 deaths. West Virginia’s estimated population as of July 2019 was 1,792,147. For every 100,000 residents, the state had 131.6 cases and 4.9 deaths.
- West Virginia is a Republican trifecta, with a Republican governor and Republican majorities in both chambers of the state legislature.
Plan details
West Virginia Strong—The Comeback permits sectors of the economy to reopen on a week-by-week basis. Originally, the plan covered six weeks. Details for weeks seven, eight, nine, and ten were added later.
Week 1
On Thursday, April 30, the following businesses were permitted to reopen with restrictions:
- Elective medical procedures at hospitals as approved by West Virginia DHHR
- Daycares, provided that enhanced testing procedures are put in place
- Outpatient health care operations regulated by Licensing Boards contained in WV Code Chapter 30
Week 2
On Monday, May 4, the following businesses were permitted to reopen with restrictions:
- Small businesses with 10 or fewer employees
- Restaurants with takeaway service or outdoor dining
- Religious entities and funeral homes
- Barbershops, hair salons, nail salons, pet grooming and other professional services regulated by the West Virginia State Board of Barbers and Cosmetologists
Week 3
On Monday, May 11, the following businesses were permitted to reopen:
- Wellness centers operated by or with West Virginia Licensed Health Care providers
- Drive-in movie theaters
On Friday, May 15:
Week 4
On Monday, May 18, the following businesses were permitted to reopen with restrictions:
- Fitness centers, gymnasiums, and recreation centers
- Sports training facilities (gymnastics, cheerleading, dance, martial arts, and similar facilities)
On Thursday, May 21, the following businesses were permitted to reopen with restrictions:
- Indoor dining at restaurants
- Large/specialty retail stores
- State park campgrounds for in-state residents only (Guidance for ALL campgrounds)
- Hatfield McCoy Trail System
- Outdoor recreation rentals (Kayaks, bicycles, boats, rafts, canoes, ATVs, and similar equipment)
- Outdoor motorsport and powersport racing with no spectators
- Tanning businesses
- Whitewater rafting
- Ziplining
- Indoor malls and similar facilities
Week 5
On Tuesday, May 26, the following businesses were permitted to reopen:
- State Park cabins and lodges (In-state residents only)
- Bars (indoor bars at 50% capacity and outdoor bars)
- Museums and visitor centers
- Zoos
The following businesses were permitted to reopen on Saturday, May 30:
- Spas and massage businesses
- Limited video lottery retailers
- Swimming pools
- Bowling alleys, pool halls, roller rinks, and other places with indoor amusement
Week 6
The following businesses were permitted to reopen with restrictions on Friday, June 5:
Week 7
The following businesses were permitted to reopen or activities permitted to resume on Monday, June 8:
- Low-contact outdoor youth sports
- WVSSAC-sanctioned athletics and band summer training programs
- Little league sports practices
- All remaining adult sports facilities including indoor tennis courts, racquetball courts, outdoor basketball courts, and similar venues
The following was allowed to reopen on Wednesday, June 10:
- Private and State Park campgrounds, cabins, and lodges to out-of-state guests (stays may not last longer than seven days)
Week 8
The following was allowed to reopen on Wednesday, June 17:
Week 9
Businesses scheduled to reopen or activities scheduled to resume on Monday, June 22, include:
- Youth sports games with spectators
- Outdoor sporting events with spectators
- Outdoor equestrian events with spectators
- Summer Youth Camps
Week 10
Businesses scheduled to reopen Wednesday, July 1, include:
Reactions
- On April 28, Steve Roberts, president of the West Virginia Chamber of Commerce, said, “We’re hearing from employers that a phased-in approach, as the governor has outlined, has a high level of support within the business community.”
- Thirty Democratic members of the West Virginia House of Delegates signed a letter to Gov. Justice on April 30 expressing concerns with the reopening plan. The letter included a list of questions, including:
- “Will the state plan be adjusted for regional hotspots (such as the Eastern Panhandle, North Central West Virginia, the Kanawha Valley, etc.)? The rate of infection is higher (and thus more dangerous) in certain areas than others. Are you planning on taking a ‘one size fits all’ approach for each of the 55 counties?”
- Has there been consideration of using recent data instead of cumulative data? Recent data would show a more accurate picture of where we are as a state in terms of this virus. Many of us do not understand the relevancy of tests and infection rates of more than three weeks ago, as those earlier infected citizens have either recovered or became deceased. Considering ALL of the cumulative data to determine infection rate may artificially suppress the rate of infection and potentially hide what might be a significant spike in infections.”
- On April 27, West Virginia Senate President Mitch Carmichael (R) and House Speaker Roger Hanshaw (R) released a joint statement on the reopening plan, saying “We were pleased to see Governor Justice lay out a plan for getting West Virginians back to work. We are happy to have had input into the plan the Governor announced today. We are happy that the actions taken by the State in the past several weeks have slowed the spread of this virus. Now, we look forward to turning our attention to the process of recovering from the damage this virus has caused, both to our communities and to our economy.”
Click the links below to explore official resources related to the coronavirus outbreak.
State resources
- Office of the Governor of West Virginia
- West Virginia Department of Health
- West Virginia Department of Education
Twitter feeds for government officials and agencies appear below.
Federal resources
- Centers for Disease Control and Prevention (CDC), U.S. Department of Health & Human Services
- National Institutes of Health, U.S. Department of Health & Human Services
- Occupational Safety and Health Administration, U.S. Department of Labor
- U.S. Department of Education
- World Health Organization
See also
- Documenting America's Path to Recovery
- West Virginia’s path to recovery from the coronavirus pandemic
- School responses in West Virginia to the coronavirus pandemic
- School responses to the coronavirus pandemic by state
- COVID-19 vaccine distribution by state
- Travel restrictions by state
- Federal government responses to the coronavirus pandemic
Footnotes
- ↑ West Virginia Secretary of State, "Secretary of State Mac Warner Announces Voting Options for Voters to Continue Making Safe Decisions in 2020 General Election," July 27, 2020
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ West Virginia Secretary of State, "Mail-In Absentee Ballot 'Application' to be Sent to Every Registered Voter in WV," March 26, 2020
- ↑ West Virginia Public Broadcasting, "W.Va. Governor Declares State Of Emergency In Response To Coronavirus Threat," March 16, 2020
- ↑ West Virginia Department of Health and Human Resources - Coronavirus Disease 2019 (COVID-19), "Governor Issues Stay-at-Home Order," March 24, 2020
- ↑ Office of the Governor, "COVID-19 UPDATE: Gov. Justice announces “Safer At Home” order to replace “Stay At Home” order," accessed May 13, 2020
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedJun4 - ↑ SUPREME COURT OF APPEALS OF WEST VIRGINIA , "RE: RESUMPTION OF OPERATIONS," May 6, 2020
- ↑ Supreme Court of West Virginia, "RE: Judicial Emergency Declared, Second Amended Order," April 22, 2020
- ↑ Supreme Court of Appeals of West Virginia, "Judicial Emergency Declared, Amended Order," April 3, 2020
- ↑ National Center for State Courts, "Coronavirus and the Courts," March 23, 2020
- ↑ Charleston Gazette-Mail, "WV Supreme Court issues protocols limiting in-person hearings, warns against abusing the system for personal gain," March 15, 2020
- ↑ Supreme Court of Appeals of West Virginia, "RE: Resumption of Operations, May 6, 2020
- ↑ Supreme Court of Appeals of West Virginia, "RE: Resumption of Operations, May 6, 2020
- ↑ WV Metro News, "Prisoners released as coronavirus precaution," March 27, 2020
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