This bill amends the Code of West Virginia to modify the responsibilities of the Secretary of State regarding the handling of potential election fraud. Specifically, it requires the Secretary of State to refer cases of suspected election fraud to the West Virginia Prosecuting Attorneys Institute, which will appoint a special prosecuting attorney to initiate criminal proceedings based on the findings of the Secretary of State's investigations. This change shifts the responsibility from county prosecuting attorneys to a more centralized authority, aiming to streamline the prosecution process for election-related offenses.

Additionally, the bill makes several adjustments to the language regarding the powers and duties of the Secretary of State. It replaces certain phrases to clarify that the Secretary of State "may" perform specific actions, such as issuing orders and collecting reports, rather than stating that they "shall have the authority" to do so. The bill also emphasizes the Secretary's role in administering oaths, issuing subpoenas, and ensuring the integrity of elections during emergencies, while maintaining that the Secretary is ultimately responsible for the actions of their appointees.

Statutes affected:
Introduced Version: 3-1A-6