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Introduced Version
Senate Bill 126 History
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Key:
Green
= existing Code.
Red
= new code to be enacted
WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
Senate Bill 126
By Senator Woelfel
[Introduced January 14, 2026; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §3-9-10 of the Code of West Virginia, 1931, as amended, relating to criminal offenses of preventing or obstructing election activities; specifying that listed offenses may be committed by force, or by intimidating language, or physical acts; establishing offense of preventing or attempting to prevent election officer, election worker, or other person assisting in holding election, counting votes, or certifying and returning election results from discharging duties; establishing offense of preventing or attempting to prevent election being held; establishing offense of obstructing or attempting to obstruct holding of election; establishing offense of preventing or attempting to prevent a voter from attending election or freely exercising right of suffrage; establishing offense of preventing or attempting to prevent election official or election worker from entering or exiting polling place; establishing criminal penalties for listed offenses; and eliminating offense of refusal to assist in preventing intimidation, disorder, or violence at poll.
Be it enacted by the Legislature of West Virginia:
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-10.
Disorder at polls; prevention; failure to assist in preventing disorder
Preventing or obstructing election activities
; penalties.
Any person who
shall, by force, menace, fraud, or intimidation, prevent or attempt
by force, or by intimidating language, or physical acts:
(1) Prevents, or attempts
to prevent,
any
an election
officer,
election worker, or other person
whose duty it is by law to assist in holding an election,
or in
counting the votes cast
thereat
at the election
,
and
or
certifying and returning the result
thereof
of the election
, from discharging his
or her
duties;
according to law; or who shall, by
violence, threatening gestures, speeches, force, menace, or intimidation,
prevent or attempt
(2) Prevents, or attempts
to prevent, an election being held;
or who shall in any manner obstruct or attempt
(3) Obstructs, or attempts
to obstruct, the holding of an election;
or who shall, by any manner of force, fraud, menace, or intimidation, prevent or attempt
(4) Prevents, or attempts
to prevent,
any
a
voter from attending
any
an
election or from freely exercising
his
the voter's
right of suffrage at
any
an
election at which he
or she
is entitled to vote;
or
(5) Prevents, or attempts to prevent, an election officer or election worker from entering or exiting a polling place;
shall be
is
guilty of a misdemeanor and, upon conviction,
shall be
fined not more than
$1,000
$2,000
, or confined in
the county
jail for not more than one year, or both
fined and confined.
in the discretion of the court
Any person who, being thereto commanded by the commissioners of election, or either of them, shall fail or refuse to assist to the utmost of his power, in whatever may be necessary or proper to prevent intimidation, disorder, or violence at the polls, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than $100
NOTE: The purpose of this bill is to clarify acts that constitute the offenses of obstruction or prevention of election activities and to establish the criminal penalties for those acts.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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