The bill amends section 3-1-45 of the Code of West Virginia to clarify the legal standing of the West Virginia Legislature in court actions concerning unauthorized changes to election laws and rules. It introduces new provisions that grant the Legislature the authority to bring legal actions against state officials, including the Governor and Secretary of State, who attempt to make unauthorized modifications to election laws or rules. Additionally, the bill allows the Legislature to intervene as a matter of right in lawsuits involving state agencies or officials regarding the legality or constitutionality of election laws.

The new legal language specifies that the Legislature can act against any unauthorized changes made through settlement agreements or consent decrees. It also emphasizes the Legislature's role as a real party in interest in cases seeking declaratory or injunctive relief related to election laws. This amendment aims to strengthen the Legislature's ability to protect the integrity of election laws in West Virginia by ensuring it has the necessary standing to challenge any unlawful actions taken by state officials.

Statutes affected:
Introduced Version: 3-1-45
Committee Substitute: 3-1-45
Engrossed Committee Substitute: 3-1-45