West Virginia State Legislature

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.

---

On the ballot: U.S. Senate • U.S. House • State Senate • House of Delegates • Supreme court • Local judges • State ballot measures • School boards • Democratic primaries • Republican primaries

West Virginia State Legislature
General information
Type:	State legislature
Term limits:	None
Session start:	January 10, 2018
Website:	Official Legislature Page
Leadership
Senate President:	Mitch Carmichael (R)
House Speaker:	Roger Hanshaw (R)
Majority Leader:	Senate: Ryan Ferns (R) House: Daryl Cowles (R)
Minority Leader:	Senate: Roman Prezioso (D) House: Timothy Miley (D)
Structure
Members:	34 (Senate), 100 (House)
Length of term:	4 years (Senate), 2 years (House)
Authority:	Art VI, West Virginia Constitution
Salary:	$20,000/year + per diem
Elections
Last election:	November 6, 2018
Next election:	November 3, 2020
Redistricting:	West Virginia Legislature has control via special session

The West Virginia Legislature is the state legislature of West Virginia. A bicameral legislative body, the Legislature is split between the upper West Virginia State Senate and the lower West Virginia House of Delegates. It was established under Article VI of the West Virginia Constitution following the state's split from Virginia during the American Civil War in 1863.

The Legislature convenes in the State Capitol building in Charleston.

Prior to the 2018 elections, West Virginia was one of 26 Republican state government trifectas. A state government trifecta is a term used to describe single party government, when one political party holds the governorship, a majority in the state senate, and a majority in the state house in a state's government. There were 23 Republican state government trifectas as a result of the 2018 elections, including West Virginia.

Altogether, Democrats had a net gain of six trifectas and Republicans had a net loss of three trifectas, for a total of 23 Republican trifectas, 14 Democratic trifectas, and 13 divided governments. Read more about trifectas here.

On August 3, 2017, West Virginia switched from divided government to a Republican trifecta after Gov. Jim Justice announced he was switching his party affiliation from Democratic to Republican. Prior to 2017, the last time West Virginia was a trifecta was in 2014, when it was a Democratic trifecta.

See also: West Virginia House of Representatives, West Virginia State Senate, West Virginia Governor

Elections

2018

See also: West Virginia State Senate elections, 2018 and West Virginia House of Representatives elections, 2018

Elections for the West Virginia State Senate took place in 2018. The semi-closed primary election took place on May 8, 2018, and the general election was held on November 6, 2018. The candidate filing deadline for major party candidates was January 27, 2018. The candidate filing deadline for third-party candidates was August 1, 2018. The candidate filing deadline for write-in candidates was September 18, 2018.

Elections for the West Virginia House of Delegates took place in 2018. The semi-closed primary election took place on May 8, 2018, and the general election was held on November 6, 2018. The candidate filing deadline for major party candidates was January 27, 2018. The candidate filing deadline for third-party candidates was August 1, 2018. The candidate filing deadline for write-in candidates was September 18, 2018.

Sessions

Article VI of the West Virginia Constitution establishes when the Legislature is to be in session. Section 18 of Article VI states that the Legislature is to convene its regular session on the second Wednesday of January of each year. Once every four years, on the year in which the Governor of West Virginia is inaugurated, the Legislature holds a thirty day recess after the first day of the session. This recess is designed to give the Governor time to prepare a budget.

Section 22 of Article VI limits regular sessions of the Legislature to sixty days. Regular sessions can be extended by a two-thirds vote of the members of both legislative houses.

Section 19 of Article VI gives the Governor of West Virginia the power to convene the Legislature into special session. Section 19 also requires the Governor to convene a special session if it is requested by three-fifths of the members of each legislative house.

2019

See also: Dates of 2019 state legislative sessions

In 2019, the legislature will be in session from January 9, 2019, through March 9, 2019.

2018

See also: 2018 West Virginia legislative session and Dates of 2018 state legislative sessions

In 2018, the legislature was in session from January 10, 2018, through March 10, 2018. To read about notable events and legislation from this session, click here.

2017

See also: Dates of 2017 state legislative sessions

In 2017, the legislature was in session from February 8, 2017, through April 9, 2017. The legislature held a special session from May 4, 2017, to June 26, 2017. The legislature held its second special session from August 1 to September 15 over the Foxconn deal.

Click [show] for past years' session dates.

2016 See also: Dates of 2016 state legislative sessions In 2016, the legislature was in session from January 13 through March 12. The legislature held a special session from May 16 to June 14 over the state budget. The legislature held a second special session from September 18 to September 20 over flood recovery. 2015 See also: Dates of 2015 state legislative sessions In 2015, the legislature was in session from January 14 through March 14. Major issues Major issues during the 2015 legislative session included education, infrastructure, business retention, and the state's budget. All four issues were to top the agenda for the last legislative session, but the state's water crisis took center stage instead. With the water issue under the control, lawmakers expected to be able to focus on the planned issues. 2014 See also: Dates of 2014 state legislative sessions In 2014, the legislature was in session from January 8 through March 10. Major issues Major issues during the 2014 legislative session included legislation that benefits families, expanding education, state energy, and developing the economy. 2013 See also: Dates of 2013 state legislative sessions In 2013, the legislature was in session from January 9 to April 14. Major issues Major issues included the availability of soft drinks in schools, repeal of the law allowing the sterilization of "mental defectives," and treatment of sexually-transmitted diseases. 2012 See also: Dates of 2012 state legislative sessions In 2012, the legislature was in session from January 11 through March 10. 2011 See also: Dates of 2011 state legislative sessions In 2011, the legislature was in regular session from January 12 through March 18. An August 1, 2011, special session was called by Governor Earl Ray Tomblin (D) to pass legislation related to redistricting and other topics. A second special session began on August 15, 2011, to replace the House of Delegates' redistricting plan. The House's plan, which passed during the first special session on August 1, had to be vetoed because of errors. The plan contained duplicate voter precinct populations for districts in both Kanawha and Morgan counties. 2010 See also: Dates of 2010 state legislative sessions In 2010, the legislature was in regular session from January 13 to March 20. Additionally, the legislature met in special session from May 13 to May 19.

Origination of bills

Bills, even revenue bills, and resolutions may originate in either house.

Veto override

For budget bills or supplementary appropriations bills, two-thirds of the members elected to each house are required to override the governor's veto of a bill or items or parts thereof. For all other bills, a simple majority of each house is required.

Role in state budget

See also: West Virginia state budget and finances

West Virginia on

Check out Ballotpedia articles about policy in your state on:

Budgets • Civil liberties • Education • Elections • Energy • Environment • Healthcare • Pensions

The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:

1. Budget instruction guidelines are sent to state agencies in July.
2. State agencies submit budget requests in September.
3. Agency hearings are held in October and November.
4. The governor submits his or her proposed budget to the West Virginia State Legislature on or before the second Wednesday in January.
5. The legislature adopts a budget in March or April. A simple majority is required to pass a budget.

West Virginia is one of 44 states in which the governor has line item veto authority.

The West Virginia State Legislature is constitutionally required to pass a balanced budget. The budget must be balanced before the governor can sign it into law.

Cost-benefit analyses

See also: Pew-MacArthur Results First Initiative Cost-Benefit Study

Map showing results of the Pew-MacArthur cost-benefit study

The Pew-MacArthur Results First Initiative is a joint project of the Pew Charitable Trusts and the John D. and Catherine T. MacArthur Foundation that works to partner with states in implementing cost-benefit analysis models.. The initiative released a report in July 2013 concluding that cost-benefit analysis in policymaking led to more effective uses of public funds. Looking at data from 2008 through 2011, the study's authors found that some states were more likely to use cost-benefit analysis, while others were facing challenges and lagging behind the rest of the nation. The challenges states faced included a lack of time, money, and technical skills needed to conduct comprehensive cost-benefit analyses. West Virginia was one of 11 states that made rare use of cost-benefit analysis in policy and budget processes.

Ethics and transparency

Following the Money report

See also: "Following the Money" report, 2015

The U.S. Public Interest Research Group, a consumer-focused nonprofit organization based in Washington, D.C., released its annual report on state transparency websites in March 2015. The report, entitled "Following the Money," measured how transparent and accountable state websites were with regard to state government spending. According to the report, West Virginia received a grade of C and a numerical score of 73, indicating that West Virginia was "Middling" in terms of transparency regarding state spending.

Open States Transparency

See also: Open States' Legislative Data Report Card

The Sunlight Foundation released an "Open Legislative Data Report Card" in March 2013. West Virginia was given a grade of B in the report. The report card evaluated how adequate, complete, and accessible legislative data was to the general public. A total of 10 states received an A: Arkansas, Connecticut, Georgia, Kansas, New Hampshire, New York, North Carolina, Texas, Virginia, and Washington.

Dual employment and financial disclosure requirements

State ethics regulations regarding dual public employment and income disclosure for legislators vary across the United States. A January 2015 report by the National Council of State Legislatures (NCSL) concluded that legislators in 33 states are not permitted to maintain additional paid government employment during their terms in office. The NCSL published a report in June 2014 that counted 47 states with disclosure requirements for outside income, business associations, and property holdings. The exceptions to these disclosure categories were Idaho, Michigan, and Vermont. Click show on the right side of the table below to compare state policies:

Ethics regulations for state legislators
State	Allows additional paid public employment?	Requires disclosure of financial interests?
Alabama	No	Yes
Alaska	No	Yes
Arizona	No	Yes
Arkansas	Yes	Yes
California	No	Yes
Colorado	Yes	Yes
Connecticut	No	Yes
Delaware	Yes	Yes
Florida	No	Yes
Georgia	No	Yes
Hawaii	Yes	Yes
Idaho	Yes	No
Illinois	Yes	Yes
Indiana	Yes	Yes
Iowa	No	Yes
Kansas	No	Yes
Kentucky	No	Yes
Louisiana	No	Yes
Maine	No	Yes
Maryland	No	Yes
Massachusetts	No	Yes
Michigan	No	No
Minnesota	Yes	Yes
Mississippi	Yes	Yes
Missouri	No	Yes
Montana	Yes	Yes
Nebraska	No	Yes
Nevada	No	Yes
New Hampshire	No	Yes
New Jersey	No	Yes
New Mexico	No	Yes
New York	Yes	Yes
North Carolina	No	Yes
North Dakota	Yes	Yes
Ohio	No	Yes
Oklahoma	No	Yes
Oregon	No	Yes
Pennsylvania	No	Yes
Rhode Island	Yes	Yes
South Carolina	Yes	Yes
South Dakota	No	Yes
Tennessee	No	Yes
Texas	No	Yes
Utah	No	Yes
Vermont	No	No
Virginia	No	Yes
Washington	Yes	Yes
West Virginia	No	Yes
Wisconsin	Yes	Yes
Wyoming	Yes	Yes

Senate

The West Virginia State Senate is the upper house of the West Virginia Legislature. There are 17 senatorial districts. Each district has two senators who serve staggered four-year terms. Each member represented an average of 54,500 residents, as of the 2010 Census. After the 2000 Census, each member represented 53,187.

The state's districting system is unique in the United States. The state's most populous county, Kanawha County constitutes two "superimposed" districts. In practical effect, this means that Kanawha County is a single district electing two members every two years. The remaining 54 counties of the state are divided into fifteen districts, with county lines not respected in most cases. Under the unique rule, no district may have more than one senator from the same county, no matter the population. This means, for example, that the 99% of the population of the 5th District residing in Cabell County can vie for only one Senate seat, and the tiny portion of Wayne County in the district acts as a sort of rotten borough, as it must have one senator.

While the West Virginia Constitution does not create or even mention the title of Lieutenant Governor, West Virginia Code 6A-1-4 creates this designation for the Senate President. The Senate President is first in the line of succession to the office of governor. As stated in the constitution: "In case of the death, conviction or impeachment, failure to qualify, resignation, or other disability of the governor, the president of the Senate shall act as governor until the vacancy is filled, or the disability removed." However, the Senate President may not always serve the remainder of the term as the constitution also states: "Whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy."

Partisan composition

Party		As of December 2018
	Democratic Party	14
	Republican Party	20
	Vacancies	0
Total		34

The table below shows the history of state government trifectas in West Virginia.

The table below shows state government trifectas in West Virginia from 1992 to 2017 at the start of each year.
West Virginia Party Control: 1992-2017
19 years of Democratic trifectas  •  No Republican trifectas

Year	92	93	94	95	96	97	98	99	00	01	02	03	04	05	06	07	08	09	10	11	12	13	14	15	16	17
Governor	D	D	D	D	D	R	R	R	R	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D
Senate	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	R	R	R
House	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	R	R	R

House of Delegates

The West Virginia House of Delegates is the lower house of the West Virginia Legislature. Only three states--Maryland, Virginia, and West Virginia--refer to their lower house as the House of Delegates. The House is composed of 100 members elected for two year terms. Each member represented an average of 18,530 residents, as of the 2010 Census. After the 2000 Census, each member represented 18,083.

In the 2004 election, 18 women were elected to the House, two less than in 2002. Female delegates hold a greater proportion of seats in the House than do female senators in the West Virginia Senate. However, the Census Bureau reports that females account for more than half of West Virginia's residents.

The House of Delegates' districting system divides the state into 58 districts that elect a varying number of members. The majority of districts, 35, are single-member districts. 23 districts are multi-member constituencies, varying from two to seven (the 30th District in Kanawha County) delegates.

Some have claimed that districts are gerrymandered in such a way as to preserve the status quo. Republicans have called for 100 single-member districts, with the districts representing compact areas of common interests.

The Speaker of the House is selected by its members. In contrast to the tradition of the Speaker of the United States House of Representatives, the Speaker must vote unless excused. The House rules state that in some cases, he or she is not required to vote unless the House is equally divided, or unless his vote, if given to the minority, will make the division equal. In the latter case, the question is lost.

Partisan composition

Party		As of December 2018
	Democratic Party	41
	Republican Party	59
	Independent	0
	Vacancies	0
Total		100

The chart below shows the partisan composition of the West Virginia State House from 1992 to 2013.

Veto overrides

See also: Veto overrides in state legislatures

State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in West Virginia are listed below.

How many legislators are required to vote for an override? A majority of members in both chambers.

A simple majority of members in both chambers must vote to override a veto, which is 51 of the 100 members in the West Virginia House of Delegates and 18 of the 34 members in the West Virginia State Senate. West Virginia is one of six states that requires a majority vote from both of its legislative chambers to override a veto.

Are there other special rules?

If the governor vetoes an appropriation bill, two-thirds of the members in both chambers are required to override the veto, which is 67 of the 100 state representatives and 23 of the 34 state senators.

Authority: Article VII, Section 14 of the West Virginia Constitution.

"Subject to the provisions of section fifteen of this article, every bill passed by the Legislature shall, before it becomes a law, be presented to the governor. If he approves, he shall sign it, and thereupon it shall become a law; but if not, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon its journal, and may proceed to reconsider the returned bill. Notwithstanding the provisions of section fifty-one, article six of this constitution, any such bill may be reconsidered even if the Legislature is at the time in extended session for the sole purpose of considering the budget bill, as specified in said section fifty-one. If after any such reconsideration, a majority of the members elected to that house agree to pass the bill, it shall be sent, together with the objections of the governor to the other house, by which it may likewise be reconsidered, and if approved by a majority of the members elected to that house, it shall become a law, notwithstanding the objections of the governor."

Redistricting

The Legislature is responsible for redistricting in a summer session after Census data comes in; the Governor holds veto power.

2010 census

West Virginia received its local census data on March 23, 2011. The state grew a meager 2.5 percent with most growth by county seen in the northeast part of the state. The state's largest cities showed decline: Charleston decreased by 3.8 percent, Huntington decreased by 4.5 percent, Parkersburg decreased by 4.9 percent, Morgantown grew by 10.6 percent, and Wheeling decreased by 9.3 percent.

The 2011 redistricting period was notable for the proposal of eliminating the state's multi-member districts, which ultimately failed. The Legislature passed plans in early August; Democratic Governor Ray Tomblin vetoed the House plan on August 17, 2011, calling for another session to begin the next day. On August 21, the Legislature approved revisions to the House plan, and struck down numerous Republican amendment including the replacement of the multi-member system with 100 single-member constituencies. Tomblin signed the plan on Friday, September 2, 2011.

Legislators

Salaries

See also: Comparison of state legislative salaries

State legislators
Salary	Per diem
$20,000/year	$131/day in session.Set by the compensation commission.

When sworn in

See also: When state legislators assume office after a general election

West Virginia legislators assume office the first day of December following the election.

Amending state constitution

The West Virginia Legislature has the authority to propose new amendments to the West Virginia Constitution, and to order any proposed amendments to be placed on the state's next general election ballot -- through a Joint Resolution. The language that will appear on the ballot, the text of the proposed amendment, the number of the amendment and the election in which it is to be held must all be mentioned in the Joint Resolution.

Joint Committees

See also: Public policy in West Virginia

The West Virginia State Legislature utilizes joint standing committees, select committees, and committees with no special designation. Details on those committees can be found on the Legislature website.

History

Partisan balance 1992-2013

See also: Ballotpedia:Who Runs the States and Ballotpedia:Who Runs the States, West Virginia

Partisan breakdown of the West Virginia legislature from 1992-2013

West Virginia Senate: Throughout every year from 1992-2013, the Democratic Party was the majority in the West Virginia State Senate. The West Virginia State Senate is 1 of 16 state senates that was Democratic for more than 80 percent of the years between 1992-2013. West Virginia was under Democratic trifectas for the final 13 years.

Across the country, there were 541 Democratic and 517 Republican state senates from 1992 to 2013.

West Virginia House: Throughout every year from 1992-2013, the Democratic Party was the majority in the West Virginia State House of Representatives. The West Virginia House of Representatives is one of 18 state Houses that was Democratic for more than 80 percent of the years between 1992-2013. West Virginia was under Democratic trifectas for the final 13 years.

Across the country, there were 577 Democratic and 483 Republican State Houses of Representatives from 1992 to 2013.

Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states had divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.

The chart below shows the partisan composition of the Office of the Governor of West Virginia, the West Virginia State Senate and the West Virginia House of Representatives from 1992 to 2013.

SQLI and partisanship

To read the full report on the State Quality of Life Index (SQLI) in PDF form, click here.

The chart below depicts the partisanship of West Virginia state government and the state's SQLI ranking for the years studied. For the SQLI, the states were ranked from 1-50, with 1 being the best and 50 the worst. West Virginia never finished higher than 48th in any year of the study.

Chart displaying the partisanship of West Virginia government from 1992-2013 and the State Quality of Life Index (SQLI).

See also

• West Virginia
• West Virginia House of Representatives
• West Virginia State Senate
• West Virginia state legislative districts
• State legislative scorecards in West Virginia
• Governor of West Virginia
• West Virginia Constitution

External links

• West Virginia Legislature Homepage
• West Virginia Legislature on Wikipedia