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HB5394 • 2026
Recall of county commission or county board of education positions
Recall of county commission or county board of education positions
Education
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-02-10
H
To House Judiciary
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2026-02-10
H
Introduced in House
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2026-02-10
H
To Judiciary
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2026-02-10
H
Filed for introduction
Official Summary Text
Recall of county commission or county board of education positions
Current Bill Text
Read the full stored bill text
HB 5394 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version House Bill 5394 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced House Bill 5394 By Delegate Dillon [Introduced February 10, 2026; referred to the Committee on the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding three new sections, designated §3-1-53, §7-1-17, and §18-5-55, relating to providing for the process of a recall election for elected officials, county commissioners or county board of education officials. Be it enacted by the Legislature of West Virginia: CHAPTER 3. ELECTIONS. ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS. §3-1-53. Referendum and recall for elected positions. All elected positions in this state shall provide for any or all of the following: (1) The initiation of a recall election by petition bearing the signatures, written in their own handwriting, of not less than 10% of the qualified voters of such county or counties who voted in the previous election for this office; (2) The submission to the qualified voters of such county or counties of a proposed recall at a county commission meeting or to the Secretary of State for multi-county elections upon petition bearing the signatures, written in their own handwriting, of not less than 10% of the qualified voters of such county or counties or upon resolution of the governing body of such county or counties; and (3) The holding of a special municipal election, or the question to be presented in a primary or general election, to submit to the qualified voters of such county or counties the question of the recall of an elected officer of the county commission upon petition bearing the signatures, written in their own handwriting, of not less than 20% of the qualified voters of such county or counties in multi-county races. Not more than one recall election shall be held with respect to an officer during his or her term of office. CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS. ARTICLE 1. COUNTY COMMISSIONS GENERALLY. §7-1-17. Referendum and recall for elected county commission positions. All county commissions in this state shall provide for any or all of the following: (1) The initiation of a recall election by petition bearing the signatures, written in their own handwriting, of not less than 10% of the qualified voters of such county who voted in the previous election for this office; (2) The submission to the qualified voters of such county of a proposed recall at a county commission meeting upon petition bearing the signatures, written in their own handwriting, of not less than 10% of the qualified voters of such county or upon resolution of the governing body of such county; and (3) The holding of a special municipal election, or the question to be presented in a primary or general election, to submit to the qualified voters of such county the question of the recall of an elected officer of the county commission upon petition bearing the signatures, written in their own handwriting, of not less than 20% of the qualified voters of such county. Not more than one recall election shall be held with respect to an officer during his or her term of office. CHAPTER 18. EDUCATION. ARTICLE 5. COUNTY BOARD OF EDUCATION. § 18-5-55. Referendum and recall for elected county board of education positions. All county boards of education in this state shall provide for any or all of the following: (1) The initiation of a recall election by petition bearing the signatures, written in their own handwriting, of not less than 10% of the qualified voters of such county who voted in the previous election for this office; (2) The submission to the qualified voters of such county of a proposed recall at a county board of education meeting upon petition bearing the signatures, written in their own handwriting, of not less than 10% of the qualified voters of such county or upon resolution of the governing body of such county; and (3) The holding of a special municipal election, or the question to be presented in a primary or general election, to submit to the qualified voters of such county the question of the recall of an elected officer of the county board of education upon petition bearing the signatures, written in their own handwriting, of not less than 20% of the qualified voters of such county. Not more than one recall election shall be held with respect to an officer during his or her term of office. NOTE: The purpose of this bill relates to providing for the process of a recall election for elected officials, county commissioners or county board of education officials. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: