In West Virginia, legislatively referred amendments are the only form of statewide direct democracy available. The legislature has substantial control over how proposed amendments are submitted to voters. For instance, the legislature may decide to call a special election and may supply the ballot language. Judicial review is not explicitly available under the state’s direct democracy provisions but may be available under other channels.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in West Virginia
West Virginia does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by West Virginia voters. W. Va. Const. art. XIV, § 2.
Election Timing
The legislature may order that a proposed amendment be submitted to voters at a special election, or at the next general election.
- After a proposed amendment is approved by 2/3 of the members of each house, the legislature must “provide by law for submitting the same to the voters of the state for ratification or rejection, at a special election, or at the next general election thereafter.” Va. Const. art. XIV, § 2; see also W. Va. Code § 3-11-2.
- The legislature may, by concurrent resolution adopted by 2/3 vote of the members elected to each house, withdraw the question from being submitted to the voters in any session prior to the election. Va. Code § 3-11-1.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment to the West Virginia Constitution must include the following:
- Title.
- Summary of proposed amendment’s purpose.
See W. Va. Code § 3-11-2. Both the title and summary shall be supplied by the legislature in its joint resolution proposing the amendment, but if the legislature fails to supply either or both, the Secretary of State must supply the omission(s). Id.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State shall cause the proposed amendment (text), title, and summary to be published at least three months before the election, in a newspaper in every county in which a newspaper is printed. W. Va. Code § 3-11-3; see also W. Va. Const. art. XIV, § 2.
Voter Information Pamphlet
X West Virginia law does not require a state voter information pamphlet for ballot measures.
However, when recommended by the Secretary of State, the State Election Commission must prepare and distribute nonpartisan educational materials, including to inform voters of the effect of any constitutional amendment. W. Va. Code § 3-1A-5(c).
JUDICIAL REVIEW
When and how can the court step in?
West Virginia’s direct democracy provisions do not explicitly provide for judicial review of ballot measure language or related materials, but review may be available under other channels, such as W. Va. Code § 3-1-45 (providing for writs of mandamus to compel performance of duties).
Sample case: State ex rel. Cooper v. Caperton, 470 S.E.2d 162 (W. Va. 1996) (rejecting a challenge to a constitutional amendment approved by voters in 1994; finding “substantial compliance” with W. Va. Const. art. XIV, § 2 where state failed to publish the full text of the proposed amendment in the newspapers, but published the summary thereof; summary adopted by the legislature “fully, fairly, and accurately describe[d] the Amendment”, and was “sufficient to permit [voters] to make up their minds”, and there was no evidence it had misled voters, or that publication of full text would have made a difference).