By Julie Archer, WV CAG Deputy Director
Despite the many real problems facing our state, Republicans in the WV Legislature feel compelled to waste time chasing down bogus conspiracy theories that marinate in right-wing social media and cable news.
One of these is the supposed scourge of non-citizens voting in our elections. The House and Senate Judiciary Committees have passed resolutions for a proposed constitutional amendment prohibiting non-citizens from voting in any election held in West Virginia.
This is already against the law in every state of the union. To even register to vote in state and federal elections, you must swear you’re a citizen under penalty of criminal prosecution. Under federal law, a non-citizen could face up to five years in prison simply for registering to vote. It’s also a deportable offense for non-citizens to register or vote.
Despite the numerous safeguards to ensure that only citizens vote in our elections, some politicians have spread exaggerated claims and outright lies about non-citizen voting rates to undermine trust in our elections and justify restrictive voting policies that disenfranchise eligible voters.
The same politicians who keep scapegoating immigrants also cling to the ridiculous lie that the 2020 election was stolen. The House of Delegates is also considering a bill that criminalizes distributing absentee ballot applications, NOT ballots. HB 2400 prohibits the distribution of a public document available for download from the Secretary of State’s website. (See our statement below on HB 2400.)
This could have a chilling effect on voter outreach, preventing seniors and people in poor health from getting the help they need to vote. The provisions of HB 2400 have been amended into HB 2117 to create what Delegate Evan Hansen called an “omnibus voter suppression bill” that disenfranchises seniors, people with disabilities and those who work or attend school out of state.
HB 2117 requires absentee ballots must be received by 7:30 PM on Election Day to be counted. It also bans distributing absentee ballot applications and criminalizing those who assist voters. The deadline does not apply to military and overseas voters protected by the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA.) Results are never final on Election Day. Election officials need time to ensure all legitimate votes are counted. Currently, ballots postmarked on Election Day are accepted if received before the canvass begins.
The canvass is a proceeding required by law in which the materials, equipment, and results of an election are reviewed, corrected, and officially recorded before the certification of the election. This is one many checks to ensure that all votes are included in the final total and counted accurately. HB 2117 unfairly penalizes eligible voters who must rely on the US Postal Service to return their ballots.
HB 2400, HB 2117 and the proposed constitutional amendment ignore the numerous safeguards West Virginia has to prevent fraud and ensure that only eligible voters cast ballots in our elections.
But the threats to democracy don’t stop there. On Monday, March 4, a House Judiciary subcommittee held a hearing on a bill eliminating voter ID options without photographs. However, no evidence exists that a photo voter ID requirement would address any problem. Like non-citizens voting, voter impersonation is virtually nonexistent. During the hearing, a representative of the Secretary of State’s office said they were unaware of any incidents in West Virginia of the type of fraud the voter ID bill would address or of voters forging documents on our current list of voter ID options to vote.
As if that weren’t enough, HB 3016 mandates that IDs legally issued to non-citizen residents for purposes other than voting must display a “non-citizen” status. Again, the law already prevents non-citizens from registering to vote. Yet, this legislature is fixated on non-citizens and immigrants when it should focus on the real problems facing our state— one of which is population loss— instead of demonizing people who might end up here in search of a better life.
Tell delegates to stop these attacks on democracy and reject conspiracy-based bills that will make it harder for West Virginians to vote. You can find contact information for your delegate here.
WV CAG Statement in Opposition to HB 2400: A Conspiracy-Based Bill to Disenfranchise Eligible Voters
We oppose HB 2400, which criminalizes the distribution of absentee ballot applications — applications, NOT ballots. HB 2400 will prohibit the distribution of a public document available for download from the Secretary of State’s website, making it harder for vulnerable West Virginians to get the assistance they need to vote.
The 2020 election in West Virginia was a success by any rational measure, due to the expansion of absentee voting. During an unprecedented pandemic, people used expanded voting options to achieve the second highest turnout in the state’s history. Voters made clear decisions. Contests were decided honestly, without controversy, and with no hint that fraud affected the outcome of any race.
Former Secretary of State Mac Warner praised county clerks, their staffs and poll workers for a clean, controversy-free election saying, “West Virginia had one of the most successful, if not the most successful, primary and general election in the nation. The COVID-19 pandemic forced us to think outside the box. Our objective has been to guarantee every legally registered voter has had both the right and the opportunity to cast their vote in both the June primary and the November general election.”
Instead of embracing this successful approach some politicians continue to prioritize bills like HB 2400, which are designed to exploit the ridiculous lie that the 2020 election was stolen, undermine trust in our elections, and justify restrictive voting policies that end up doing more harm than good by disenfranchising eligible voters.
All absentee ballot applications are carefully reviewed. A representative of the Secretary of State’s office testified before the subcommittee stating that “every completed application is vetted” by our county clerks. Additionally, voters who apply for an absentee ballot must certify the information they provide on the application is true, and that they are qualified and registered to vote. Making a false statement on the application is a crime punishable by a fine up to $1,000 and up to one-year imprisonment.
HB 2400 ignores these and other numerous safeguards West Virginia has in place to prevent fraud, protect absentee ballots from misconduct by individuals or public officials, and ensure that only eligible voters cast ballots in our elections.
West Virginia faces real problems, such as population loss, the foster care crisis, overcrowded prisons, opioid addiction, and dependence on uncompetitive fossil-energy industries. We suggest that you solve some of these problems before wasting your time chasing down bogus conspiracy theories that marinate in right-wing social media and cable news. The people of West Virginia deserve better. An increased focus on real problems and reality is a better use of your time and attention than HB 2400.
Sources:
Hoppy Kercheval, “West Virginia Election Results Finalized—Big Turnout, Clean Election,” WV MetroNews, Dec. 10, 2020. https://wvmetronews.com/2020/12/10/west-virginia-election-results-finalized-big-turnout-clean-election/
Steven Allen Adams, “West Virginia certifies election results,” Parkersburg News & Sentinel, Dec. 10, 2020. https://www.newsandsentinel.com/news/local-news/2020/12/west-virginia-certifies-election-results/
Jessica Patterson, “WV Secretary of State certifies election results,” WVNS News, Dec. 9, 2020. https://www.wvnstv.com/news/local-news/wv-secretary-of-state-certifies-election-results/
WV Secretary of State’s Office, WV Absentee Ballot Application. https://sos.wv.gov/FormSearch/Elections/Voter/Absentee%20Ballot%20Application.pdf