The bill amends sections of the West Virginia Code to enhance the oversight and enforcement of election laws. It requires the Secretary of State to investigate potential violations of election laws, including fraud and irregularities, and to provide a written report of these findings to the appropriate county prosecuting attorney. Upon receiving this report, the prosecuting attorney must refer the matter to the West Virginia Prosecuting Attorneys Institute, which is responsible for appointing a special prosecuting attorney to investigate and potentially initiate criminal proceedings. The special prosecutor is required to provide periodic updates to the Secretary of State regarding the status of the investigation.

Additionally, the bill stipulates that each prosecuting attorney in the state is subject to appointment as a special prosecutor in cases involving election law violations. The appointed special prosecutor will serve without additional compensation, aside from reimbursement for legitimate expenses incurred during their service. The county commission is responsible for covering these expenses. The bill also clarifies that no additional oath is required for prosecuting attorneys when appointed as special prosecutors, streamlining the process for addressing election-related legal matters.

Statutes affected:
Introduced Version: 3-1A-6, 5-3-7
Committee Substitute: 3-1A-6, 7-4-6
Engrossed Committee Substitute: 3-1A-6, 7-4-6