HB 4477
To give the Secretary of State authority to refer allegations of violations of election laws to West Virginia Prosecuting Attorneys Institute.
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes the process for handling allegations of election law violations in West Virginia. Currently, the Secretary of State refers these allegations to the county prosecuting attorney. This bill requires the Secretary of State to refer potential election fraud to the Attorney General instead. The Attorney General would then have the authority to prosecute county and municipal elected officials in specific circumstances, such as corruption or election fraud.
Key provisions
- The Secretary of State must refer potential election fraud to the Attorney General.
- The Attorney General will have prosecutorial power over county and municipal elected officials in certain cases.
- A county prosecutor may be recalled for prosecutorial misconduct.
- A citizen can petition the Attorney General to recall a prosecutor.
- The Attorney General will review petitions to recall prosecutors.
- The Secretary of State retains authority to investigate election laws and report violations.
Who is affected
- West Virginia voters
- County and municipal elected officials
- County prosecuting attorneys
- The Secretary of State
- The Attorney General
Notable changes
- Shifts prosecutorial responsibility from county prosecutors to the Attorney General.
- Establishes a mechanism for recalling county prosecutors for misconduct.
- Creates a process for judicial officers, citizens, and parties to petition the Attorney General regarding prosecutor recall.
Sponsors
Official sponsors from legislative records.
Primary sponsor
G. Howell
Cosponsors
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