FISCAL NOTE
Date Requested: January 11, 2024
Time Requested: 04:43 PM |
| Agency: |
Legislative Auditor |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1778 |
Introduced |
HB4205 |
|
|---|
| CBD Subject: |
|
|---|
|
FUND(S):
General
Sources of Revenue:
General Fund
Legislation creates:
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
HB 4205 grants the West Virginia Legislature legal standing to bring an action against state government officials including, but not limited to, the governor, secretary of state, or any state election official who makes or attempts to make unauthorized changes in state election laws and state rules or to waive such laws or rules including through settlement agreements or consent decrees. Further, the West Virginia Legislature shall be deemed a necessary party in any lawsuit against any state agency, department or state government official, including, but not limited to, the governor, secretary of state, or any state election official, contesting the legality or constitutionality of any election law or regulation or involving any illegal or unauthorized changes or attempted changes to any state election law or regulation.
Lastly, the bill grants any individual validly registered to vote in West Virginia the right to file a writ of mandamus, in accordance with state law governing such writs, against any state or local official who fails to abide by or to enforce a state election law or regulatory requirement. In the case of any contested election occurring in West Virginia, as long as said writ of mandamus is filed within 30 days of the conclusion of tabulation of such votes, it shall be considered timely filed.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2024
Increase/Decrease
(use"-") |
2025
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
0 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
It is assumed that the actions of the Legislature in carrying out the provisions of HB 4205 would use existing staff and resources and therefore would not incur any additional cost. However, it is somewhat unclear based on the language of the bill what potential legal fees or costs may be incurred as a result of the lawsuits, if any, and it is difficult to estimate those costs without knowing more specifically the nature and scope of the lawsuits the Legislature would be a party to.
Memorandum
There is some ambiguity concerning potential legal fees or other costs associated with lawsuits that the Legislature would be a party to per the bill that cannot be estimated without a firm understanding of the nature, scope, and jurisdiction of the lawsuit. These costs may cause an increase in existing expenditures if incurred. Should the scope of a lawsuit require additional legal counsel or outside consultation, these would be additional costs incurred as well not included in the above estimates.
Person submitting Fiscal Note: Justin Robinson
Email Address: justin.robinson@wvlegislature.gov