West Virginia Amendment 1, No Right to Abortion in Constitution Measure (2018)
- General election: Nov. 6
- Voter registration deadline: Oct. 16
- Early voting: Oct. 24 - Nov. 3
- Absentee voting deadline: Nov. 5
- Online registration: Yes
- Same-day registration: No
- Voter ID: Non-photo ID required
- Poll times: 6:30 a.m. to 7:30 p.m.
| West Virginia Amendment 1 | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Abortion | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
West Virginia Amendment 1, the No Right to Abortion in Constitution Measure, was on the ballot in West Virginia as a legislatively referred constitutional amendment on November 6, 2018. It was approved.
| A "yes" vote supported this amendment to add language to the West Virginia Constitution stating that "nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion." |
| A "no" vote opposed this amendment to add language to the West Virginia Constitution stating that "nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion." |
Aftermath
Status of Panepinto decision and West Virginia Code § 9-2-11
The West Virginia Bureau for Medical Services published a public notice regarding Amendment 1 on November 13, 2018, in which the agency stated "As a result of the ratification of [Amendment 1], effective November 6, 2018, at 7:30 PM, the West Virginia Bureau for Medical Services will only reimburse providers for pregnancy terminations [under] three circumstances, consistent with W. Va. Code § 9-2-11."[1][2]
West Virginia Code § 9-2-11 states that "no funds from the Medicaid program accounts may be used to pay for the performance of an abortion by surgical or chemical means" unless (1) a physician determines that the woman's life would be at risk unless an abortion is performed; (2) the fetus has severe defects, has a terminal disease, or is not expected to be delivered; or (3) the pregnancy resulted from rape or incest, in which the case of rape was reported to a law-enforcement agency.[3]
In 1993, the state supreme court voted 3-2 in West Virginia Women’s Health Center v. Panepinto declaring West Virginia Code § 9-2-11 unconstitutional. Chief Justice Margaret Workman wrote that the law (§ 9-2-11) “constitutes a discriminatory funding scheme which violates an indigent woman’s constitutional rights.” The Panepinto decision required the state to use Medicaid dollars to pay for abortions for women who could not afford to pay for the procedure. The West Virginia Bureau for Medical Services said the passage of Amendment 1 invalidated Panepinto, making West Virginia Code §9-2-11 enforceable for the first time since 1993.[4]
Election results
|
West Virginia Amendment 1 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
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295,536 | 51.73% | ||
| No | 275,748 | 48.27% | ||
Overview
Initiative design
The amendment added Section 57 to Article VI of the West Virginia Constitution to say, "Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion." If Roe v. Wade were overturned, this amendment was designed to ensure that the state's constitution could not be used to allow abortions.[5][6][7]
Abortion policy in West Virginia
West Virginia has a law restricting access to Medicaid funding for abortion and a law criminalizing abortion that includes jail time for performing or receiving an abortion. Neither law was in effect as of 2018 due to federal and state court rulings that found them unconstitutional.
Abortion policy in the U.S.
The Roe v. Wade Supreme Court ruling prohibits states from banning abortion prior to fetal viability—which means prior to the fetus being potentially able to live outside the mother's womb. The Supreme Court held, however, that states can regulate and/or prohibit abortions (except to preserve the life or health of the mother) once a fetus reaches the point of viability. West Virginia is one of 43 states that ban most abortions beginning at a certain stage of pregnancy. West Virginia law restricts abortions later than 22 weeks after a woman's last menstrual period.[8] The Hyde Amendment of 1977 prohibits the use of federal funds for abortion except in cases of rape, incest, or life endangerment. A total of 32 states and Washington, D.C., follow this model. Seventeen states, including West Virginia, have policies allowing for the use of state Medicaid funds for most or all abortions deemed medically necessary by a medical professional.[9]
How did this measure get on the ballot?
Fifteen Republican state legislators sponsored this amendment in the legislature. On February 9, 2018, the state Senate voted 25-9 to pass the amendment. All 22 Republican senators voted yes on the amendment. Of the 12 Democratic senators, three voted yes on the amendment and nine voted no.
On February 8, 2018, the Senate rejected changes to the amendment to make exceptions for abortion in cases of rape or incest or if determined necessary to save the life of the mother. The exceptions were proposed by Sen. Corey Palumbo (D-17).[7][10]
In the state House, 67 delegates needed to vote for the amendment to put the measure before voters in November 2018. Republicans held a 64-36 majority at the time of the vote on March 5, 2018. The amendment was approved 73-25 with two members not voting. A total of 63 Republicans and 10 Democrats voted for the amendment. Twenty-five Democrats opposed the amendment.
2018 ballot measures surrounding abortion
In 2018, two other measures seeking to prohibit state funding of abortion or limit abortion access were certified to appear on state ballots: Alabama Amendment 2 and Oregon Measure 106. The Oregon measure is citizen-initiated, while the Alabama measure is a legislative referral. The Alabama and West Virginia measures were approved, and the Oregon measure was defeated.
Amendment support and opposition
One committee, West Virginians for Life, was registered to support Amendment 1. The committee reported $9,298.50 in cash contributions and $7,299.56 in cash expenditures. The top three donors contributed 37.64 percent of the total funds.[11]
Ballotpedia did not identify any ballot measure committees opposing Amendment 1 registered with the West Virginia secretary of state's campaign finance reporting system. Opponents had not organized a campaign committee to oppose the initiative.
Text of measure
Ballot title
The ballot title was as follows:[6]
| “ |
Amendment No. 1 No Constitutional right to abortion Amendment To amend the West Virginia Constitution to clarify that nothing in the Constitution of West Virginia secures or protects a right to abortion or requires the funding of abortion.[12] |
” |
Constitutional changes
- See also: Article VI, West Virginia Constitution
The amendment added Section 57 to Article VI of the West Virginia Constitution. The following text was added:[6]
§57. No constitutional right to abortion.
Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.[12]
Readability score
- See also: Ballot measure readability scores, 2018
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here. |
Support
West Virginians for Life and Yes On 1 WV led the campaign in support of Amendment 1.[13][14]
Supporters
Sponsors
The following senators sponsored Amendment 1 in the West Virginia State Legislature:[7]
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Officials
Arguments
- President of West Virginians for Life, Wanda Franz, said that the part of the amendment that specifies "Nothing in this Constitution secures or protects a right to abortion" was "included in order to make clear that the state constitution isn’t going to be addressing the abortion issue."[5]
- On its website, Yes On 1 WV argues, "The purpose of Amendment 1 is to prevent our state constitution from allowing for abortion and to return to the state legislature its appropriate responsibility for control over the funding of abortion. ... following passage of Amendment 1, women in WV will still have access to abortions under the federal constitution, as always. No rights will be taken away, but Amendment 1 will prevent future judges from “finding” in the state constitution either abortion rights or tax funding of abortions. Under Amendment 1, our tax dollars can be limited to paying for abortion only in the cases of a threat to the life of the mother, or in a medical emergency, reported rape and incest and fetal anomaly."[14]
Opposition
Vote No on 1 WV led the campaign in opposition to the measure.
Opponents
Officials
Organizations
- WV Free[16]
- ACLU of West Virginia'
- Women's Health Center of West Virginia
- Planned Parenthood
- Our Revolution[17]
Arguments
Vote No On 1 WV made the following argument on its website:[18]
| “ | Amendment 1 is a dangerous ballot initiative that could make abortion a crime in West Virginia — taking away a woman’s ability to get safe and legal care in our state. We believe that a woman should make her own decisions about pregnancy and family, and that people in our state should have access to health care. Amendment 1 would ensure that the West Virginia Constitution would not protect a woman’s right to end a pregnancy under any circumstances, including in cases of rape or incest, or when the health or life of a woman is threatened. However we feel about abortion, when a woman has decided to end her pregnancy, it is important she has access to safe medical care. Amendment 1 would let the government make it impossible for a woman to see a licensed, quality health provider in our state. The decision of whether and when to become a parent is up to a woman, her family and her faith — not politicians.[12] | ” |
WV Free made the following argument on its website:[19]
| “ | The West Virginia Legislature has launched an unprecedented attack on women’s rights by putting on the ballot in November Amendment 1, which bans the right to abortion in our state constitution while simultaneously opening the door to take away Medicaid funding for abortion for poor people. This amendment sets us up for restrictive policy after restrictive policy, year after year. Not to mention the fact that if Roe v Wade is overturned federally, draconian language in our own state code would totally criminalize all abortion. This means anyone involved in an abortion would be subject to jail time. Think of it – that means doctors; nurses; a woman attempting to self-abort; a husband driving a wife or a mother transporting a daughter – access to safe healthcare would literally be criminalized in our state.[12] | ” |
U.S. Sen. Joe Manchin (D) stated:[15]
| “ |
The Republican [West Virginia] Legislature had a chance to fix this and make it right. They had a chance to fix it and basically put in cases of the life of the mother, rape, or incest. They decided to make it political, with the help of [Attorney General] Patrick Morrisey. And the only thing I’ve said is that if those exclusions are not in there, it is not something we should be voting on. It should be something that pro-life Democrats and pro-life Republicans that believe, as I do, that it is reasonable to have exceptions for the life of the mother, incest, and rape.[12] |
” |
Media editorials
- See also: 2018 ballot measure media endorsements
Support
Ballotpedia did not identify any media editorials in support of Amendment 1. If you are aware of one, please send an email with a link to editor@ballotpedia.org.
Opposition
- The Herald-Dispatch said: "In our view, Amendment 1 is an overreach and does not merit passage... Those opposed to abortion have high hopes that the appointment of Brett Kavanaugh to the U.S. Supreme Court may someday lead to the day that the Roe v. Wade decision is overturned, thus paving the way for states to outlaw abortion, at least elective abortions. If that occurs, then the West Virginia Legislature at that time can move to put more restrictions on abortion if a majority of lawmakers feel it is warranted. Meanwhile, this amendment to the constitution is unnecessary."[20]
Campaign finance
| Total campaign contributions: | |
| Support: | $9,298.50 |
| Opposition: | $0.00 |
One committee, West Virginians for Life, was registered to support Amendment 1. The committee reported $9,298.50 in cash contributions and $7,299.56 in cash expenditures. The top three donors contributed 37.64 percent of the total funds.[11]
Ballotpedia did not identify any ballot measure committees opposing Amendment 1 registered with the West Virginia Secretary of State's campaign finance reporting system.
Support
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Donors
The donors who had given $500 or more to the committee were as follows:[21]
| Donor | Cash | In-kind | Total |
|---|---|---|---|
| Jeffrey Jackson | $2,000.00 | $0.00 | $2,000.00 |
| Louise J Dual | $1,000.00 | $0.00 | $1,000.00 |
| Alvin Mass | $500.00 | $0.00 | $500.00 |
Opposition
Ballotpedia did not identify any ballot measure committees opposing Amendment 1 registered with the West Virginia Secretary of State's campaign finance reporting system.
Background
Laws about abortion in West Virginia
West Virginia has a law restricting access to Medicaid funding for abortion and a law criminalizing abortion that includes jail time for performing or receiving an abortion. Neither law was in effect as of 2018 due to federal and state court rulings that found them unconstitutional.
Abortion funding
West Virginia Code § 9-2-11 states that "No funds from the Medicaid program accounts may be used to pay for the performance of an abortion by surgical or chemical means" unless (1) a physician determines that the woman's life would be at risk unless an abortion was performed, (2) the fetus has severe defects, terminal disease, or is not expected to be delivered, or (3) the pregnancy resulted from rape or incest, in which the case of rape was reported to a law-enforcement agency.[3]
West Virginia Women’s Health Center v. Panepinto, 1993
In 1993, the state Supreme Court voted 3-2 in West Virginia Women’s Health Center v. Panepinto declaring West Virginia Code § 9-2-11 unconstitutional. The Panepinto decision required the state to use Medicaid dollars to pay for abortions for poor women.[22] Chief Justice Margaret Workman wrote that the law (§ 9-2-11) “constitutes a discriminatory funding scheme which violates an indigent woman’s constitutional rights.”[23] Regarding the decision, Justice Brennan wrote, "As a practical matter, many indigent women will feel they have no choice but to carry their pregnancies to term because the State will pay for the associated medical services, even though they would have chosen to have abortions if the State had also provided funds for that procedure, or indeed if the State had provided funds for neither procedure. This disparity in funding by the State clearly operates to coerce indigent pregnant women to bear children they would not otherwise choose to have, and just as clearly, this coercion can only operate upon the poor, who are uniquely the victims of this form of financial pressure."[24]
Penalty for abortion
West Virginia Code §61-2-8 criminalized abortion and attached a penalty of three to ten years of jail time for performing or receiving an abortion:[25]
| “ | Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years; and if such woman die by reason of such abortion performed upon her, such person shall be guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child.[12] | ” |
In 1975, the United States Fourth Circuit Court of Appeals ruled that "The West Virginia criminal abortion statute is unconstitutional beyond question."[26]
Related and recent legislation
The West Virginia State Legislature considered a bill—House Bill 4012 (HB 4012)—during the 2018 legislative session that would exclude abortions from the definition of medical services according to state law except in cases where an abortion is determined to be needed for the preservation of the life of the pregnant woman. The bill was introduced on January 15, 2018, and was approved by the House Health and Human Resources Committee and sent to the House Judiciary Committee. The bill did not make it through the House Judiciary Committee.[27]
U.S. Supreme Court rulings on abortion
Dobbs v. Jackson Women’s Health Organization (2022)
On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there is no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.
In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background.[28]
State funding of abortion under Medicaid
The Hyde Amendment of 1977 prohibits the use of federal funds for abortion except in cases of rape, incest, or life endangerment. A total of 32 states and Washington, D.C. follow this model. Fifteen states have policies allowing for the use of state Medicaid funds for most or all abortions deemed medically necessary by a medical professional. Nine of the 15 states do so only when directed by court order while six states, Hawaii, Illinois, Maryland, New York, Oregon, and Washington, do so voluntarily. South Dakota only allows for the use of Medicaid funds for abortion when the mother's life is in danger and does not have exceptions for cases of rape or incest. In Iowa, the state governor must approve abortions paid for by the state's Medicaid program.[29]
Abortion ballot measures, 2018
- See also: Abortion policy ballot measures
In 2018, three measures related to abortion were certified to appear on state ballots: West Virginia Amendment 1, Alabama Amendment 2, and Oregon Measure 106. The Alabama and West Virginia measures were legislatively referred constitutional amendments while the Oregon measure was a citizen-initiated measure. The Alabama and West Virginia measures were approved and the Oregon measure was defeated.
Alabama
Alabama Amendment 2 amended the state constitution in order to (a) declare that the state's policy is to recognize and support "the sanctity of unborn life and the rights of unborn children, including the right to life," (b) "ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate," and (c) state that "nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion." Rep. Matt Fridy (R-72), who sponsored this amendment in the Alabama legislature, said that its purpose was to ensure that nothing in the state constitution could be used to argue for a right to abortion in the event that Roe v. Wade was overturned.[30]
Oregon
Oregon Measure 106 would have prohibited public funds from being spent on abortions in Oregon, except when deemed medically necessary by a medical professional or required by federal law. The measure did not provide any exceptions for cases of rape or incest unless federal law requires.
West Virginia
West Virginia Amendment 1 added Section 57 to Article VI of the West Virginia Constitution to say "Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion." If Roe v. Wade were overturned, this amendment was designed to ensure that the state's constitution could not be used to allow abortions.[5]
Past measures: 1982-1988
Ballotpedia has tracked the following measures relating to state funding of abortion that have appeared on statewide ballots in past years. A total of seven measures relating to abortion funding were on the ballot in five states. All seven measures appeared on statewide ballots between 1982 and 1988 through citizen initiative petitions. Of the seven measures, two were approved and five were defeated. One measure that was defeated was Initiative 7 of 1988 in Colorado that would have repealed one of the two approved measures, Colorado Initiative 3, an amendment from 1984 that prohibited the use of state funds for abortions unless necessary to preserve the life of the mother.
| Year | Measure | State | Primary purpose | Outcome |
|---|---|---|---|---|
| 1982 | Measure 6 | Alaska | Prohibit unless to preserve the mother's life | |
| 1984 | Initiative 3 | Colorado | Prohibit public funding unless to preserve the mother's life | |
| 1986 | Amendment 65 | Arkansas | Prohibit public funding unless to preserve the mother's life | |
| 1988 | Amendment 3 | Arkansas | Prohibit public funding unless to preserve the mother's life | |
| 1988 | Initiative 7 | Colorado | Repeal Initiative 3 (from 1984) | |
| 1986 | Measure 6 | Oregon | Prohibit public funding unless to preserve the mother's life | |
| 1984 | Initiative 471 | Washington | Prohibit public funding unless to preserve the mother's life | |
| Details about the abortion-related measures can be expanded below |
|---|
Alaska
Arkansas
Colorado
Oregon
Washington
|
State abortion policy without Roe
Roe v. Wade legalized abortion nationwide, though it allowed states to regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. If Roe were to be overturned, it would be up to the states to decide their policy on the matter entirely, regardless of fetal viability.
As of July 2018, ten states had laws allowing access to abortion. Four states had laws that would automatically ban most abortions if Roe were overturned: Louisiana, Mississippi, North Dakota, and South Dakota. Seven states had laws expressing intent to restrict abortion access to the fullest extent possible in the absence of Roe. Nine states have laws restricting abortion that have been in place before Roe: Alabama, Arizona, Arkansas, Michigan, Mississippi, New Mexico, Oklahoma, West Virginia, and Wisconsin.[31]
2018 Supreme Court vacancy and the issue of abortion
Shortly before the November election, on July 9, 2018, President Donald Trump nominated Brett Kavanaugh to succeed Associate Justice Anthony Kennedy on the U.S. Supreme Court. The Senate voted 50-48-1 to confirm Brett Kavanaugh on October 6, 2018. According to the Segal-Cover score, which grades Supreme Court justices on a liberal-conservative scale, Kennedy was the middle with four justices as more conservative and four as more liberal.
The topic of abortion access and the future of Roe v. Wade was a widely discussed issue surrounding Kavanaugh's nomination and confirmation.
Planned Parenthood's executive vice president wrote, "There’s no way to sugarcoat it: with this nomination, the constitutional right to access safe, legal abortion in this country is on the line. We already know how Brett Kavanaugh would rule on Roe v. Wade, because the president told us so."[32]
Kavanaugh said that Roe v. Wade “is an important precedent to the Supreme Court. It’s been reaffirmed many times. It was reaffirmed in Planned Parenthood v. Casey in 1992 when the court specifically considered whether to reaffirm it or whether to overturn it. ...That makes Casey precedent on precedent.”[33]
Sen. Susan Collins (R-Maine) said, "I do not believe he’s going to repeal Roe v. Wade."[34]
During the third presidential debate of 2016, Chris Wallace of Fox News asked Donald Trump if he wanted to see the Supreme Court overturn Roe v. Wade, to which Trump responded, "Well, if we put another two or perhaps three justices on, that's really what’s going to be — that will happen and that will happen automatically in my opinion because I am putting pro-life justices on the court."[35]
2018 Supreme Court vacancy and the issue of abortion
Shortly before the November election, on July 9, 2018, President Donald Trump nominated Brett Kavanaugh to succeed Associate Justice Anthony Kennedy on the U.S. Supreme Court. The Senate voted 50-48-1 to confirm Brett Kavanaugh on October 6, 2018. According to the Segal-Cover score, which grades Supreme Court justices on a liberal-conservative scale, Kennedy was the middle with four justices as more conservative and four as more liberal.
The topic of abortion access and the future of Roe v. Wade was a widely discussed issue surrounding Kavanaugh's nomination and confirmation.
Planned Parenthood's executive vice president wrote, "There’s no way to sugarcoat it: with this nomination, the constitutional right to access safe, legal abortion in this country is on the line. We already know how Brett Kavanaugh would rule on Roe v. Wade, because the president told us so."[36]
Kavanaugh said that Roe v. Wade “is an important precedent to the Supreme Court. It’s been reaffirmed many times. It was reaffirmed in Planned Parenthood v. Casey in 1992 when the court specifically considered whether to reaffirm it or whether to overturn it. ...That makes Casey precedent on precedent.”[37]
Sen. Susan Collins (R-Maine) said, "I do not believe he’s going to repeal Roe v. Wade."[38]
During the third presidential debate of 2016, Chris Wallace of Fox News asked Donald Trump if he wanted to see the Supreme Court overturn Roe v. Wade, to which Trump responded, "Well, if we put another two or perhaps three justices on, that's really what’s going to be — that will happen and that will happen automatically in my opinion because I am putting pro-life justices on the court."[39]
Path to the ballot
- See also: Amending the West Virginia Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote in both the West Virginia State Senate and the West Virginia House of Delegates. On February 9, 2018, the state Senate voted 25-9 to pass Senate Joint Resolution 12 (SJR 12).[7]
On February 8, 2018, the Senate rejected changes to the proposal to make exceptions for abortion in cases of rape or incest, or if determined necessary to save the life of the mother. The exceptions were proposed by Sen. Corey Palumbo (D-17).[7][40]
In the state House, 67 delegates needed to vote for the amendment to put the measure before voters in November 2018. Republicans held a 64-36 majority at the time of the vote on March 5, 2018. The amendment was approved 73-25 with two members not voting.[7] As the measure was approved by a two-thirds vote in each legislative chamber, the measure was referred to the ballot as Amendment 1.
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How to cast a vote
- See also: Voting in West Virginia
Poll times
In West Virginia, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. A voter who is in line at the time polls close must still be permitted to vote.[41]
Registration requirements
- Check your voter registration status here.
To vote in West Virginia, one must be a citizen of the United States, a resident of West Virginia, and at least 18 years of age.[42]
The registration deadline is 21 days prior to an election. One may register to vote by submitting a form by mail to his or her county clerk's office or the Secretary of State's Office. Registration can be completed in person at the county clerk's office, the Secretary of State's office, the Department of Motor Vehicles, any public assistance office, any agency that serves people with disabilities, any marriage license office, or any military recruiting agency.[42]
Automatic registration
West Virginia automatically registers eligible individuals to vote through the Department of Motor Vehicles.[43]
Online registration
- See also: Online voter registration
West Virginia has implemented an online voter registration system. Residents can register to vote by visiting this website.[43]
Same-day registration
West Virginia does not allow same-day voter registration.[43]
Residency requirements
West Virginia law requires 30 days of residency in a town before a person may vote.
Verification of citizenship
West Virginia does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.
All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[44] As of January 2025, six states — Alabama, Arizona, Georgia, Kansas, Louisiana, and New Hampshire — had passed laws requiring verification of citizenship at the time of voter registration. However, only two of those states' laws were in effect, in Arizona and New Hampshire. In three states — California, Maryland, and Vermont — at least one local jurisdiction allowed noncitizens to vote in some local elections as of November 2024. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.
Verifying your registration
The West Virginia Secretary of State's office allows residents to check their voter registration status online by visiting this website.
Voter ID requirements
West Virginia requires voters to present identification while voting. The identification provided must be issued either by the State of West Virginia, or one of its subsidiaries, or by the United States government. It must also contain the name of the voter.[45]
The following list of accepted ID was current as of October 2024. Click here for the West Virginia Secretary of State's page on accepted ID to ensure you have the most current information.
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” |
Additionally, a registered voter can bring an adult whom he or she has known for at least six months with them to the polling place. The adult can sign an affidavit stating that he or she knows the voter. The voter will then be allowed to vote. A voter can also be identified by a poll worker as long as he or she has known the voter for at least six months.[45]
Voters can obtain a free voter ID card at their county clerk’s office.[46]
Related measures
| Abortion measures on the ballot in 2018 | |
|---|---|
| State | Measures |
| Alabama | Alabama Amendment 2: State Abortion Policy
|
| Oregon | Oregon Measure 106: Ban Public Funds for Abortions Initiative |
See also
External links
Support |
Opposition |
Footnotes
- ↑ WV Metro News, "Agency over healthcare for poor already adjusting to WV abortion amendment," accessed November 13, 2018
- ↑ West Virginia Department of Health and Human Resources Bureau for Medical Services, "Revised Public Notice Regarding West Virginia Constitutional Amendment 1," accessed November 13, 2018
- ↑ 3.0 3.1 WV Legislature, "West Virginia Code § 9-2-11," accessed August 14, 2018
- ↑ West Virginia Metro News, "West Virginia’s rapid political shift on abortion," accessed August 14, 2018
- ↑ 5.0 5.1 5.2 Fox News, "Abortion on the Ballot: Red states already planning for possibility of Roe rollback," accessed August 14, 2018
- ↑ 6.0 6.1 6.2 West Virginia Legislature, "Text of Senate Joint Resolution 12," accessed February 9, 2018
- ↑ 7.0 7.1 7.2 7.3 7.4 7.5 West Virginia Legislature, "Senate Joint Resolution 12," accessed February 9, 2018
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedkaiser - ↑ Medicaid, "Medicaid & CHIP in West Virginia," accessed August 14, 2018
- ↑ Cumberland Times-News, "W.Va. Senate rejects amendment to abortion resolution," February 8, 2018
- ↑ 11.0 11.1 West Virginia Campaign Finance Reporting System, "West Virginians for Life, accessed December 17, 2018
- ↑ 12.0 12.1 12.2 12.3 12.4 12.5 12.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ West Virginians for Life, "Home," accessed April 6, 2018
- ↑ 14.0 14.1 Yes on 1 WV, "Background," accessed August 14, 2018
- ↑ 15.0 15.1 15.2 Washington Examiner, "Joe Manchin will vote against West Virginia's pro-life ballot referendum," November 1, 2018
- ↑ WV Free, "About us," accessed July 25, 2018
- ↑ Our Revolution, "Ballot initiative endorsements," accessed October 10, 2018
- ↑ Vote No On 1 WV, "Home," accessed August 3, 2018
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedoppo - ↑ The Herald Dispatch, "Our view: No on Amendment 1, yes on 2," accessed October 23, 2018
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedsupportfin - ↑ West Virginia Metro News, "West Virginia’s rapid political shift on abortion," accessed August 14, 2018
- ↑ West Virginia News, "Emotions already running high on West Virginia's proposed abortion amendment," accessed August 14, 2018
- ↑ West Virginia Courts, "Opinion, Case No.21924 Womens' Health Center of West Virginia, Inc. v. Panepinto," accessed August 14, 2018
- ↑ West Virginia Legislature, "West Virginia Code §61-2-8," accessed August 14, 2018
- ↑ Open Jurist, "529 F. 2d 638 - Doe v. Charleston Area Medical Center Inc," accessed August 14, 2018
- ↑ West Virginia Legislature, "House Bill 4012," accessed February 9, 2018
- ↑ SCOTUSblog, "Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade," May 17, 2021
- ↑ Guttmacher Institute, "State Funding of Abortion Under Medicaid," accessed July 30, 2018
- ↑ Tuscaloosa News, "Alabama looks to become ‘right to life’ state," March 16, 2017
- ↑ Guttmacher Institute, "Abortion Policy in the Absence of Roe," accessed July 29, 2018
- ↑ Planned Parenthood, "Senate Must Reject Supreme Court Nominee Brett Kavanaugh," accessed September 26, 2018
- ↑ Weekly Standard, "Fact Check: Has Brett Kavanaugh 'Stated He'd Overturn' Roe v. Wade?" accessed September 26, 2018
- ↑ Huffington Post, "Susan Collins: ‘I Do Not Believe’ Kavanaugh Would Repeal Roe v. Wade," accessed September 26, 2018
- ↑ Global News, "Presidential debate: Chris Wallace presses Donald Trump to clarify his position on abortion," accessed July 28, 2018
- ↑ Planned Parenthood, "Senate Must Reject Supreme Court Nominee Brett Kavanaugh," accessed September 26, 2018
- ↑ Weekly Standard, "Fact Check: Has Brett Kavanaugh 'Stated He'd Overturn' Roe v. Wade?" accessed September 26, 2018
- ↑ Huffington Post, "Susan Collins: ‘I Do Not Believe’ Kavanaugh Would Repeal Roe v. Wade," accessed September 26, 2018
- ↑ Global News, "Presidential debate: Chris Wallace presses Donald Trump to clarify his position on abortion," accessed July 28, 2018
- ↑ Cumberland Times-News, "W.Va. Senate rejects amendment to abortion resolution," February 8, 2018
- ↑ West Virginia Secretary of State, "Elections Frequently Asked Questions (FAQs)," accessed May 2, 2023
- ↑ 42.0 42.1 West Virginia Secretary of State, "VElections Frequently Asked Questions (FAQs)," accessed May 2, 2023
- ↑ 43.0 43.1 43.2 NCSL, "State Profiles: Elections," accessed August 19, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 45.0 45.1 West Virginia State Legislature, "West Virginia Code, §3-1-34. Voting procedures generally; identification; assistance to voters; voting records; penalties." accessed May 2, 2023 Cite error: Invalid
<ref>tag; name "wvvid" defined multiple times with different content - ↑ West Virginia Secretary of State, "Be Registered and Ready" accessed May 2, 2023
