WEST virginia legislature

2025 regular session

Enrolled

Senate Bill 490

By Senators Woodrum, Oliverio, Rucker, and Rose

[Passed March 7, 2025; in effect 90 days from passage]

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §3-1-52, relating to prohibiting ranked-choice voting in elections in West Virginia.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§3-1-52. Ranked-choice voting prohibited.

(a) Definitions:

"Local government" means any municipality, county, school district, special taxing district, or any other regional or local district or unit of government that is governed by one or more elected officials.

"Ranked-choice voting", "cumulative voting", or "instant-runoff voting" means a method of casting and tabulating votes in which:

(1) Voters rank candidates in order of preference;

(2) Tabulation proceeds in rounds such that in each round either a candidate or candidates are elected or the last-place candidate is defeated;

(3) Votes are transferred from elected or defeated candidates to the voters' next ranked candidate or candidates in order of preference; and

(4) Tabulation ends when a candidate receives the majority of votes cast or the number of candidates elected equals the number of offices to be filled.

(b) No state, county, or local elections office may use ranked choice voting or instant runoff voting to conduct an election or nomination of any candidate in this state for any local government, statewide, or federal elective office.

(c) Any existing or future ordinance enacted or adopted by a county, a municipality, or any other local government entity which is in conflict with this section is void.