The bill amends the Code of West Virginia to establish the legal standing of the West Virginia Legislature in court actions concerning unauthorized changes to election laws and rules. It introduces new provisions that allow the Legislature to bring actions against state government officials, including the Governor and Secretary of State, who attempt to make unauthorized changes to election laws or waive such laws through settlement agreements or consent decrees. Additionally, the bill grants the Legislature the right to intervene as a real party in interest in lawsuits involving the legality or constitutionality of election laws or regulations.
Furthermore, the bill outlines the procedures for mandamus and prohibition proceedings, ensuring that the circuit courts and the Supreme Court of Appeals address these matters expeditiously. It specifies that the court must convene within ten days of a writ being issued and prioritize these cases to ensure timely resolution, allowing election boards to fulfill their duties and issue certificates of election before the statutory deadline. Overall, the bill aims to strengthen the Legislature's role in safeguarding the integrity of election laws in West Virginia.
Statutes affected: Introduced Version: 3-1-45
Committee Substitute: 3-1-45
Engrossed Committee Substitute: 3-1-45