West Virginia, Amendment 2, Legislative Authority over Budgeting for State Judiciary Amendment (2018)

Elections in West Virginia, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 16
• Early voting: Oct. 24 - Nov. 3
• Absentee voting deadline: Nov. 5

• Online registration: Yes
• Same-day registration: No
• Voter ID: Non-photo ID required
• Poll times: 6:30 a.m. to 7:30 p.m.

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West Virginia Amendment 2
Election date November 6, 2018
Topic State and local government budgets, spending and finance and State judiciary
Status a Approved
Type Constitutional amendment	Origin State legislature
List of West Virginia measuresWest Virginia Amendment 1West Virginia Amendment 2Submit

The West Virginia Legislative Authority over Budgeting for State Judiciary Amendment, Amendment 2, was on the ballot in West Virginia as a legislatively referred constitutional amendment on November 6, 2018. It was approved.

A "yes" vote supported amending the state constitution to authorize the legislature to reduce the budget of the state judiciary by up to 15 percent.

A "no" vote opposed amending the state constitution to authorize the legislature to reduce the budget of the state judiciary, thereby keeping the provisions preventing the legislature from altering the budget of the state judiciary.

Election results

West Virginia Amendment 2
Result		Votes	Percentage
Yes		386,272	72.35%
No		147,594	27.65%

Results are officially certified.

Source

Overview

What did Amendment 2 do?

Amendment 2 was designed to give the legislature the authority to reduce the budget of the state judiciary or any item in the budget, provided that the overall budget of the state judiciary was reduced to no less than 85 percent of the state judiciary's budget in the previous fiscal year. Amendment 2 also required the chief justice of the Supreme Court of Appeals to appear before the legislature to be heard and answer questions concerning the budget of the state judiciary if requested by either chamber of the legislature. It was also designed to explicitly allow the chief justice to appear at hearings voluntarily.

Current law

Going into the election, the state legislature had final authority over the state budget—which is initially presented by the governor—except for the budget items related to the state judiciary. West Virginia is the only state that prohibits the legislature from reducing the budget of the state judiciary, according to Steve Canterbury, former administrative director of the state supreme court.

Support, opposition, and notable events for Amendment 2

In 2017, Eyewitness News released a report on spending on renovation and office furniture in the chambers of supreme court justices. The report highlighted $900,000 in planned renovations beginning in 2009 that ended up costing $3.7 million.

Sen. Greg Boso (R-11) and Speaker of the House Tim Armstead (R-40) said that, while the reports in 2017 highlighted the issue and made the timing right for Amendment 2, the amendment had been in the works for years and that it is about putting the budget process for the state judiciary in line with the process for every other state agency and about fiscal responsibility and equitable distribution of revenue more generally.

Supreme Court Administrator Gary Johnson argued in opposition to Amendment 2, “We believe in the separation of powers and think all three branches ought to be co-equal and, of course, that we ought to have control of our budget."

Text of measure

Ballot title

The following was the ballot title:

“

Providing that the total general revenue appropriations to the judiciary may be reduced in the budget bill, and setting forth the required procedures to be followed by the Legislature to enact any decrease in the total general revenue appropriations to the judiciary to an amount that is less than 85 percent of the amount of the total general revenue appropriations to the judiciary in the most recently enacted budget; providing that when requested by the Legislature, the Chief Justice of the Supreme Court of Appeals must appear and be heard and answer inquiries relative any budget bill; and conforming language relating to the introduction of the budget and matters that may be taken up during extended sessions to more recent amendments to the constitution.

”

Constitutional changes

See also: Article VI, West Virginia Constitution

The measure amended section 51 of Article VI of the state constitution. The following underlined text was added, and struck-through text was deleted: Note: Hover over the text and scroll to see the full text.

§51. Budget and supplementary appropriation bills.

The Legislature shall shall may not appropriate any money out of the treasury except in accordance with the provisions of this section.

Subsection A - Appropriation Bills

(1) Every appropriation bill shall be either a budget bill, or a supplementary appropriation bill. as hereinafter provided

Subsection B - Budget Bills

2) Within ten days after the convening of the regular session of the Legislature in odd-numbered years, unless such time shall be extended by the Legislature, On the second Wednesday of February in the year 2021 and every fourth year thereafter and on the second Wednesday of January in all other years, unless a later time in any year be fixed by the Legislature,even-numbered years the governor shall submit to the Legislature a budget for the next ensuing fiscal year. The budget shall contain a complete plan of proposed expenditures and estimated revenues for the fiscal year and shall show the estimated surplus or deficit of revenues at the end of each fiscal year. Accompanying each budget shall be a statement showing: (a) An estimate of the revenues and expenditures for the current fiscal year, including the actual revenues and actual expenditures to the extent available, and the revenues and expenditures for the next preceding fiscal year; (b) the current assets, liabilities, reserves and surplus or deficit of the state; (c) the debts and funds of the state; (d) an estimate of the state's financial condition as of the beginning and end of the fiscal year covered by the budget; (e) any explanation the governor may desire to make as to the important features of the budget and any suggestions as to methods for reduction or increase of the state's revenue.

(3) Each budget shall embrace an itemized estimate of the appropriations, in such form and detail as the Governor shall determine or as may be prescribed by law: (a) For the Legislature as certified to the Governor in the manner hereinafter provided; (b) for the executive department; (c) for the judiciary department, as provided by law, certified to the Governor by the Auditor; (d) for payment and discharge of the principal and interest of any debt of the state created in conformity with the constitution, and all laws enacted in pursuance thereof; (e) for the salaries payable by the state under the constitution and laws of the state; and (f) for such other purposes as are set forth in the constitution and in laws made in pursuance thereof.

(4) The Governor shall deliver to the presiding officer of each house the budget and a bill for all the proposed appropriations of the budget clearly itemized and classified, in such form and detail as the Governor shall determine or as may be prescribed by law; and the presiding officer of each house shall promptly cause the bill to be introduced therein, and such bill shall be known as the “Budget Bill”. The Governor may, with the consent of the Legislature, before final action thereon by the Legislature, amend or supplement the budget to correct an oversight, or to provide funds contingent on passage of pending legislation, and in case of an emergency, he or she may deliver such an amendment or supplement to the presiding officers of both houses; and the amendment or supplement shall thereby become a part of the budget bill as an addition to the items of the bill or as a modification of or a substitute for any item of the bill the amendment or supplement may affect.

(5) The Legislature shall not amend the budget bill so as to create a deficit but may amend the bill by increasing or decreasing any item therein: Provided, That no item relating to the judiciary shall be decreased,the Legislature may not decrease the total general revenue appropriations to the judiciary in the budget bill to an amount that is less than 85 percent of the amount of the total general revenue appropriations to the judiciary in the most recently enacted budget without a separate vote of the Legislature approved by a two-thirds vote of the members elected to each house, determined by yeas and nays and entered on the journals. , and eExcept as otherwise provided in this constitution, the salary or compensation of any public officer shall not be increased or decreased during his or her term of office: Provided , howeverfurther, That the Legislature shall not increase the estimate of revenue submitted in the budget without the approval of the Governor.

(6) The Chief Justice of the Supreme Court of Appeals, the Governor, and such representatives of the executive departments, boards, officers, and commissions of the state expending or applying for state moneys as have been designated by the Governor for this purpose, shall have the right, and when requested by either house of the Legislature it shall be their duty, to appear and be heard with respect to any budget bill, and to answer inquiries relative thereto.

Subsection C - Supplementary Appropriation Bills

(7) Neither house shall consider other appropriations until the budget bill has been finally acted upon by both houses, and no such other appropriations shall be valid except: in accordance with the provisions following (a) Every such appropriation shall be embodied in a separate bill limited to some single work, object, or purpose therein stated and called therein a supplementary appropriation bill; (b) each supplementary appropriation bill shall provide the revenue necessary to pay the appropriation thereby made by a tax, direct or indirect, to be laid and collected as shall be directed in the bill unless it appears from such budget that there is sufficient revenue available.

Subsection D - General Provisions

(8) If the budget bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session, the Governor shall issue a proclamation extending the session for such further period as may, in his or her judgment, be necessary for the passage of the bill; but no matter other than the bill shall be considered during such an extension of a session except the matters detailed in section 14, article VII of this constitution and a provision for the cost thereof.

(9) For the purpose of making up the budget, the Governor shall have the power, and it shall be his or her duty, to require from the proper state officials, including herein all executive departments, all executive and administrative officers, bureaus, boards, commissions, and agencies expending or supervising the expenditure of, and all institutions applying for state moneys and appropriations, such itemized estimates and other information, in such form and at such times as he or she shall direct. The estimates for the legislative department, certified by the presiding officer of each house, and for the judiciary, as provided by law, certified by the Auditor, shall be transmitted to the Governor in such form and at such times as he or she shall direct, and shall be included in the budget.

(10) The Governor may provide for public hearings on all estimates and may require the attendance at such hearings of representatives of all agencies and all institutions applying for state moneys. After such public hearings he or she may, in his or her discretion, revise all estimates except those for the legislative and judiciary departments.

(11) Every budget bill or supplementary appropriation bill passed by a majority of the members elected to each house of the Legislature shall, before it becomes a law, be presented to the Governor. The Governor may veto the bill, or he or she may disapprove or reduce items or parts of items contained therein. If he or she approves, he or she shall sign it and thereupon, it shall become a law. The bill, items or parts thereof, disapproved or reduced by the Governor, shall be returned with his or her objections to each house of the Legislature. Each house shall enter the objections at large upon its journal and proceed to reconsider. If, after reconsideration, two thirds of the members elected to each house agree to pass the bill, or such items or parts thereof, as were disapproved or reduced, the bill, items or parts thereof, approved by two thirds of such members, shall become law, notwithstanding the objections of the Governor. In all such cases, the vote of each house shall be determined by yeas and nays to be entered on the journal. A bill, item or part thereof, which is not returned by the Governor within five days (Sundays excepted) after the bill has been presented to him or her shall become a law in like manner as if he or she had signed the bill, unless the Legislature, by adjournment, prevents such return, in which case it shall be filed in the office of the Secretary of State, within five days after such adjournment, and shall become a law; or it shall be so filed within such five days with the objections of the governor, in which case it shall become law to the extent not disapproved by the Governor.

(12) The Legislature may, from time to time, enact such laws, not inconsistent with this section, as may be necessary and proper to carry out its provisions.

(13) In the event of any inconsistency between any of the provisions of this section and any of the other provisions of the constitution, the provisions of this section shall prevail. But nothing herein shall be construed as preventing the Governor from calling extraordinary sessions of the Legislature, as provided by section nineteen19 of this article, or as preventing the Legislature at such extraordinary sessions from considering any emergency appropriation or appropriations.

(14) If any item of any appropriation bill passed under the provisions of this section shall be held invalid upon any ground, such invalidity shall not affect the legality of the bill or of any other item of such bill or bills.

Readability score

See also: Ballot measure readability scores, 2018

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 54, and the FRE is -74. The word count for the ballot title is 123, and the estimated reading time is 32 seconds. In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Supporters

Sen. Greg Boso (R-11) and Sen. Sue Cline (R-9) sponsored Amendment 2 in the legislature.

Arguments

Sen. Boso, one of the amendment's sponsors, argued that legislative oversight of the state judiciary budget would allow for the equitable and responsible distribution of state revenue. In response to questions about the balance of power and checks and balances, Boso said, "I don't think this usurps the balance of power at all, rather it restores the balance of power." Referring to the reports of spending on renovation and office furnishings in the chambers of supreme court justices, Boso said, "My constituents have a lot of disdain for what the supreme court is doing" and said that there has been a demand among the voters for fiscal responsibility.

Speaker of the House Tim Armstead (R-40) said,

“

I think the last few years and the budget challenges that we've had have focused a lot more attention on spending. And then I think also, people learning about this extravagant spending has made them much more concerned about, you know in other branches for example like you said, I think that kind of extravagant spending would have come to light already. And I think the fact that it comes to light is a deterrent for other people to do in the future. So, I think that all those things coming together make this a good time for us to be able to do that [pass Amendment 2]. [...] It should be the way that we set our budget. Every agency is set forth in priorities just like the other agencies are. And they have to come forward and say, here's how we would spend this money. Here's why we need it and justify that to the finance committees and to the house and the Senate as a whole. And to the governor, frankly, when it comes to signing the budget. So, that's a way it should work anyway. But I think that what has happened recently makes it even more crucial and brings it to the forefront.

”

Addressing concerns of separation of powers, Armstead said, "People may be critical of their government, but I don't believe that this legislation would ever use, misuse the power to determine the court's budget simply because they didn't like something the court did. I don't believe that would occur. And if it did occur, I think the people would know about it and they would take action."

Opposition

Arguments

Supreme Court Administrator Gary Johnson said, “We believe in the separation of powers and think all three branches ought to be co-equal and, of course, that we ought to have control of our budget."

If you know of endorsements or arguments that should be posted here, please email editor@ballotpedia.org.

Media editorials

See also: 2018 ballot measure media endorsements

Support

• The Herald-Dispatch said: "Amendment 2, aims to give the state legislature authority over the state judiciary budget. Currently, the Legislature has no control over that budget, which is in the exclusive control of the West Virginia Supreme Court of Appeals... recent events involving spending by Supreme Court justices make a strong case for the merits of Amendment 2."

Opposition

Ballotpedia did not identify any media editorials opposing Amendment 2. If you are aware of one, please send an email with a link to editor@ballotpedia.org.

Campaign finance

See also: Ballot measure campaign finance, 2018

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

Ballotpedia did not identify any committees registered in support of or opposition to Amendment 2.

Background

West Virginia state judiciary budgets

The annual budget for the state judiciary since the 2013-2014 fiscal year and the proposed budget for 2018-2019 are below:

• 2018-19: $139.76 million
• 2017-18: $141.76 million
• 2016-17: $141.76 million
• 2015-16: $139.57 million
• 2014-15: $137.02 million
• 2013-14: $128.14 million

Reports on supreme court spending on chamber renovation

In 2017, Eyewitness News released a report detailing spending on renovation and office furniture in the chambers of supreme court justices. News reports noted the cost of renovations to the justices' chambers, including a $32,000 couch, a $7,500 wooden inlaid floor, $28,000 rugs, and renovations of two justices' chambers totaling $130,000 and $500,000, respectively. The report highlighted $900,000 in planned renovations beginning in 2009 that ended up costing $3.7 million. Former Chief Justice Loughry said that Court Administrator Steve Canterbury was responsible for much of the spending on chamber renovation. The court voted 3-2 in January 2017 to terminate Canterbury. Canterbury, however, said he was following orders and that the justices were fully aware of the costs associated with the renovations of their chambers. In February 2018, the court voted to replace Loughry with Justice Margaret Workman as chief justice; Loughry remained on the court. Loughry stated that he had called for a federal investigation of procedures at the supreme court, including expenditures, in 2016. Speaking of the vote to remove him as chief justice, Loughry said, “In my opinion, the action taken by the Court today is in response to my cooperation with federal authorities. I defer to the federal prosecutor’s office for more information.” U.S. Attorney Mike Stuart did not confirm or deny that an investigation was taking place. Del. Mike Pushkin (D) and Sen. Richard Ojeda (D) called for the impeachment of Loughry, and Pushkin approved of the removal of Loughry as chief justice. He said, “I think confidence in the judiciary has been tarnished.”

Sen. Greg Boso, who sponsored the amendment, said that, while these events and reports served to highlight the amendment, the amendment was not solely or even chiefly motivated by them. Boso said that this was a change that has been considered for a number of years and stemmed from the frustration of sitting in budget committees with no ability to adjust, streamline, or otherwise improve the budget of the state judiciary and with no ability to provide the same fiscal responsibility and checks to the budget of the state judiciary as to the budgets of other offices and departments. Sen. Boso said, "We are one of the only states in which the legislature has no control over the budget of the state judiciary, and that is not something we want to be an outlier in."

Investigation and impeachment proceedings of West Virginia Supreme Court justices

See also: Investigation and impeachment proceedings of West Virginia Supreme Court justices (2018)

The West Virginia House of Delegates voted on August 13, 2018, to impeach Justices Davis, Loughry, Walker, and Workman. The House adopted 11 of 14 articles of impeachment; one was rejected and two were withdrawn. Of these 11 articles, Loughry was named in seven, Davis in four, Workman in three, and Walker in one. See the table below for more complete details.

Articles of impeachment
Article	Justice(s) charged	Charge	Status
1	Loughry	Misuse of $363,000 in state funds	Adopted by a vote of 64-43
2	Davis	Misuse of $500,000 in state funds	Adopted by a vote of 56-41
3	Loughry	Personal possession of state property	Adopted unanimously
4	Davis Workman	Authorizing overpayment of senior status judges	Adopted by a vote of 62-34
5	Davis	Authorizing overpayment of senior status judges	Adopted by a vote of 61-35
6	Workman	Authorizing overpayment of senior status judges	Adopted by a vote of 63-34
7	Loughry	Authorizing overpayment of senior status judges	Adopted by a vote of 51-45
8	Loughry	Acquisition and personal use of government vehicles	Adopted unanimously
9	Loughry	Acquisition and personal use of government computer equipment	Adopted unanimously
10	Loughry	Making false statements to the House Finance Committee	Adopted by a vote of 94-2
11	Loughry	Misuse of state funds	Withdrawn
12	Walker	Misuse of $131,000 in state funds	Rejected by a vote of 44-51
13	Workman	Misuse of $111,000 in state funds	Withdrawn
14	Davis Loughry Walker Workman	Misuse of funds by failure to implement policy preventing improper spending	Adopted by a vote of 51-44

On August 14, 2018, Davis announced her resignation from the Supreme Court of Appeals of West Virginia, effective immediately, amid impeachment proceedings directed at her and three other justices. Her seat was not filled by gubernatorial appointment but at the general election on November 6, 2018 (her resignation effective date met the deadline for open seats on the court to appear on the general election ballot).

Referred amendments on the ballot

See also: List of West Virginia ballot measures

From 1996 through 2017, a total of 13 measures appeared on statewide ballots. Of those, 11 were on the ballot during even-numbered years, and two were on the ballot during odd-numbered years. An average of one measure appeared on the ballot during even-numbered years in West Virginia in that time period. The number of measures appearing on even-year statewide ballots from 1996 through 2016 ranged from zero to three. From 1996 through 2017, 69.23 percent (9 of 13) of statewide ballots were approved by voters, and 30.77 percent (4 of 13) were defeated. In 1986, there were six constitutional amendments on the ballot, the largest number on the ballot in any year since at least 1950.

Legislatively-referred constitutional amendments, 1996-2017
Total number	Approved	Percent approved	Defeated	Percent defeated	Even-year average	Even-year median	Annual minimum	Annual maximum
13	9	69.23%	4	30.77%	1	1	0	3

Path to the ballot

See also: Amending the West Virginia Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the West Virginia State Senate and the West Virginia House of Delegates.

This amendment—Senate Joint Resolution 3—was introduced on January 10, 2018, by Sen. Greg Boso (R-11). It was given and third reading and unanimously approved by the Senate on February 15, 2018. It was then sent to the state House where the amendment needed a two-thirds (66.67%) vote to be referred to the ballot. The House made amendments to the resolution and sent it back to the Senate, which, in turn, made amendments. The state House did not concur with the amendments proposed by the Senate, and a conference committee of three senators and three representatives was formed. Both the Senate and the House unanimously adopted the version of the resolution reported by the conference committee on March 10, 2018.

Vote in the West Virginia State Senate March 10, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 23  a
	Yes	No	Not voting
Total	32	0	2
Total percent	94.12%	0.00%	5.88%
Democrat	11	0	1
Republican	21	0	1

Vote in the West Virginia House of Representatives March 10, 2018
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 67  a
	Yes	No	Not voting
Total	96	0	3
Total percent	96.00%	0.00%	3.00%
Democrat	35	0	1
Republican	62	0	2

How to cast a vote

See also: Voting in West Virginia

Poll times

In West Virginia, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. A voter who is in line at the time polls close must still be permitted to vote.

Registration requirements

Check your voter registration status here.

To vote in West Virginia, an individual must be a citizen of the United States, a resident of West Virginia, and at least 18 years of age by the date of the next general election.

The registration deadline is 21 days prior to an election. An individual may register to vote by submitting a form by mail to his or her county clerk's office or the Secretary of State's Office. Registration can be completed online, in person at the county clerk's office, the Secretary of State's office, the Department of Motor Vehicles, any public assistance office, any agency that serves people with disabilities, any marriage license office, or any military recruiting agency.

Automatic registration

See also: Automatic voter registration

West Virginia automatically registers eligible individuals to vote through the Department of Motor Vehicles.

Online registration

See also: Online voter registration

West Virginia has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

West Virginia does not allow same-day voter registration.

Residency requirements

An individual must have resided in the state for at least 30 days of residency before they may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

West Virginia does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The West Virginia Secretary of State's office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

West Virginia requires voters to present identification while voting. The identification provided must be issued either by the State of West Virginia, or one of its subsidiaries, or by the United States government.

Signed into law in 2025, HB 3016 established that a document was valid if it:

“

(A) Has been issued either by the State of West Virginia, one of its political subdivisions or instrumentalities, or by the United States Government; (B) Contains the name of the person desiring to vote; and (C) Contains a photograph of the person desiring to vote: Provided, That a driver’s license or identification card issued in accordance with §17B-2-1(f)(4) of this code that does not contain a photograph of the person desiring to vote is a valid identifying document.

”

State law enumerates the following identifications that an individual may use to vote:

“

(A) A valid West Virginia driver’s license or valid West Virginia identification card issued by the West Virginia Division of Motor Vehicles, including a driver’s license or identification card issued in accordance with §17B-2-1(f)(4) of this code. (B) A valid driver’s license issued by a state other than the State of West Virginia; (C) A valid United States passport or passport card; (D) A valid employee identification card with a photograph of the eligible voter issued by any branch, department, agency, or entity of the United States Government or of the State of West Virginia, or by any county, municipality, board, authority, or other political subdivision of West Virginia; (E) A valid student identification card with a photograph of the eligible voter issued by an institution of higher education in West Virginia, or a valid high school identification card issued by a West Virginia high school; (F) A valid military identification card issued by the United States with a photograph of the person desiring to vote; or (G) A valid voter registration card that includes the voter’s photograph issued by a county clerk in the State of West Virginia or the Secretary of State. The county clerk or the Secretary of State may not charge or collect a fee for the application or issuance of a voter registration card that includes the voter’s photograph.

”

Lastly, state law provided for the following exceptions and alternative methods of verifying a voter's identity:

“

(3) Any expired document identified in §3-1-34(a)(2) of this code is a valid identifying document if presented by a registered voter 65 years of age or older: Provided, That the identifying document was not expired on the registered voter’s 65th birthday. (4) In lieu of providing a valid identifying document, as required by this section, a registered voter may be accompanied at the polling place by an adult known to the registered voter for at least six months. That adult may sign an affidavit on a form provided to clerks and poll workers by the Secretary of State, which states under oath or affirmation that the adult has known the registered voter for at least six months, and that in fact the registered voter is the same person who is present for the purpose of voting. For the affidavit to be considered valid, the adult shall present a valid identifying document with his or her name, address, and photograph. (5) A poll worker may allow a voter, whom the poll worker has known for at least six months, to vote without presenting a valid identifying document. (6) If the person desiring to vote is unable to furnish a valid identifying document, or if the poll clerk determines that the proof of identification presented by the voter does not qualify as a valid identifying document, the person desiring to vote shall be permitted to cast a provisional ballot after executing an affidavit affirming his or her identity pursuant to §3-1-34(a)(6)(B) of this code.

”

Voters can obtain a free voter ID card at their county clerk’s office.

See also

2018 measures

• 2018 ballot measures
• Budgets on the ballot
• State judiciary on the ballot

West Virginia

• West Virginia ballot measures
• West Virginia ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Joint Resolution 3 Final Enrolled Text