HB 5561
Refer instances of election fraud to the attorney general for prosecution
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes how West Virginia handles potential election fraud. Currently, county prosecuting attorneys investigate these claims, but this bill requires the Secretary of State to refer any suspected instances of election fraud to the Attorney General for prosecution. The Secretary of State will review the case and then forward it to the West Virginia Prosecuting Attorneys Institute, which will appoint a special prosecutor to pursue criminal charges if warranted. This shift aims to centralize the handling of election fraud investigations.
Key provisions
- Requires the Secretary of State to refer potential election fraud to the Attorney General.
- Establishes a process through the West Virginia Prosecuting Attorneys Institute to appoint a special prosecutor.
- The Secretary of State retains authority to investigate election laws and report violations.
- The Secretary of State can issue subpoenas and administer oaths related to election investigations.
- Allows the Secretary of State to implement emergency procedures during declared emergencies.
- The Secretary of State can delegate powers to appointees.
Who is affected
- West Virginia Voters
- County Prosecuting Attorneys
- The Secretary of State
- The Attorney General
- The West Virginia Prosecuting Attorneys Institute
Notable changes
- Shifts the responsibility for prosecuting election fraud from county attorneys to the Attorney General.
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