This 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. Specifically, it introduces provisions that allow the Legislature to bring actions against state government officials, such as 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. The bill also outlines the process for compelling performance of duties related to election laws, including the issuance of writs of mandamus and the requirement for timely court proceedings.

Additionally, the bill grants the West Virginia Legislature the right to intervene in lawsuits as a real party in interest, particularly in cases seeking declaratory or injunctive relief involving state agencies or officials regarding the legality of election laws or any unauthorized changes. This intervention is at the Legislature's discretion and aims to ensure that the integrity of election laws is upheld. The amendments aim to enhance the Legislature's role in safeguarding election processes in West Virginia.

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