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SB126 • 2026
Defining protections for election officials and election workers
Defining protections for election officials and election workers
Elections
Labor
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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2026-01-14
S
To Judiciary
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2026-01-14
S
Introduced in Senate
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2026-01-14
S
To Judiciary
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2026-01-14
S
Filed for introduction
Official Summary Text
Defining protections for election officials and election workers
Current Bill Text
Read the full stored bill text
SB 126 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 Senate Bill 126 History | Email 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. 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