West Virginia State Legislature
| West Virginia State Legislature | |
 | |
| General information | |
| Type: | State legislature |
| Term limits: | None |
| Session start: | January 10, 2024 |
| Website: | Official Legislature Page |
| Leadership | |
| Senate President: | Craig Blair (R) |
| House Speaker: | Roger Hanshaw (R) |
| Majority Leader: | Senate: Tom Takubo (R) House: Eric Householder (R) |
| Minority Leader: | Senate: Mike Woelfel (D) House: Sean Hornbuckle (D) |
| Structure | |
| Members: | 34 (Senate), 100 (House) |
| Length of term: | 4 years (Senate), 2 years (House) |
| Authority: | Art VI, West Virginia Constitution |
| Salary: | $20,000/year + per diem |
| Elections | |
| Last election: | November 8, 2022 |
| Next election: | November 5, 2024 |
| Redistricting: | West Virginia Legislature has control via special session |
The West Virginia Legislature is the state legislature of West Virginia. A bicameral legislative body, the Legislature is split between the upper West Virginia State Senate and the lower West Virginia House of Delegates. It was established under Article VI of the West Virginia Constitution following the state's split from Virginia during the American Civil War in 1863.
The Legislature convenes in the State Capitol building in Charleston.
West Virginia has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.
Senate
The West Virginia State Senate is the upper house of the West Virginia Legislature. There are 17 senatorial districts. Each district has two senators who serve staggered four-year terms.
As of the 2020 Census, West Virginia state senators represented an average of 52,795 residents. After the 2010 Census, each member represented 54,700 residents.
The state's districting system is unique in the United States. The state's most populous county, Kanawha County, constitutes two "superimposed" districts. In practical effect, this means that Kanawha County is a single district electing two members every two years. The remaining 54 counties of the state are divided into 15 districts, with county lines not respected in most cases. Under the unique rule, no district may have more than one senator from the same county, no matter the population.
While the West Virginia Constitution does not create or mention the title of lieutenant governor, West Virginia Code 6A-1-4 creates this designation for the Senate president. The Senate president is first in the line of succession to the office of governor. As stated in the constitution: "In case of the death, conviction or impeachment, failure to qualify, resignation, or other disability of the governor, the president of the Senate shall act as governor until the vacancy is filled, or the disability removed." However, the Senate president may not always serve the remainder of the term as the constitution also states: "Whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy."
Partisan composition
| Party | As of April 2024 | |
|---|---|---|
| Democratic Party | 3 | |
| Republican Party | 31 | |
| Other | 0 | |
| Vacancies | 0 | |
| Total | 34 | |
Click here for a list of members of this chamber.
Republicans won control of the West Virginia State Senate in 2014. In 2022, they won a 30-4 majority.
The table below shows the partisan history of the West Virginia Senate following every general election from 1992 to 2022. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.
West Virginia State Senate election results: 1992-2022
| Year | '92 | '94 | '96 | '98 | '00 | '02 | '04 | '06 | '08 | '10 | '12 | '14 | '16 | '18 | '20 | '22 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Democrats | 32 | 26 | 25 | 29 | 28 | 24 | 21 | 23 | 28 | 27 | 24 | 16 | 12 | 14 | 11 | 4 |
| Republicans | 2 | 8 | 9 | 5 | 6 | 10 | 13 | 11 | 6 | 7 | 10 | 18 | 22 | 20 | 23 | 30 |
House of Delegates
The West Virginia House of Delegates is the lower house of the West Virginia Legislature. Only three states—Maryland, Virginia, and West Virginia—refer to their lower house as the House of Delegates. The House is composed of 100 members elected for two-year terms.
As of the 2020 Census, West Virginia state representatives represented an average of 17,950 residents. After the 2010 Census, each member represented 18,598 residents.
The House of Delegates' districting system divides the state into 100 districts with one member representing each district.
The speaker of the House is selected by its members. In contrast to the tradition of the speaker of the United States House of Representatives, the speaker must vote unless excused. The House rules state that in some cases, he or she is not required to vote unless the House is equally divided, or unless his or her vote, if given to the minority, will make the division equal. In the latter case, the question is lost.
Partisan composition
| Party | As of April 2024 | |
|---|---|---|
| Democratic Party | 11 | |
| Republican Party | 89 | |
| Other | 0 | |
| Vacancies | 0 | |
| Total | 100 | |
Click here for a list of members of this chamber.
Republicans won control of the West Virginia House of Delegates in 2014. In 2022, they won an 88-12 majority.
The table below shows the partisan history of the West Virginia House following every general election from 1992 to 2022. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.
West Virginia House of Delegates election results: 1992-2022
| Year | '92 | '94 | '96 | '98 | '00 | '02 | '04 | '06 | '08 | '10 | '12 | '14 | '16 | '18 | '20 | '22 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Democrats | 79 | 69 | 74 | 75 | 75 | 68 | 68 | 72 | 79 | 65 | 54 | 36 | 37 | 41 | 24 | 12 |
| Republicans | 21 | 31 | 26 | 25 | 25 | 32 | 32 | 28 | 21 | 35 | 46 | 64 | 63 | 59 | 76 | 88 |
Elections
2024
Elections for the West Virginia State Senate will take place in 2024. The general election is on November 5, 2024. The primary is May 14, 2024. The filing deadline was January 27, 2024.
Elections for the West Virginia House of Delegates will take place in 2024. The general election is on November 5, 2024. The primary is May 14, 2024. The filing deadline was January 27, 2024.
2022
Elections for the West Virginia State Senate took place in 2022. The general election was on November 8, 2022. A primary was scheduled for May 10, 2022. The filing deadline was January 29, 2022.
Elections for the West Virginia House of Delegates took place in 2022. The general election was on November 8, 2022. A primary was scheduled for May 10, 2022. The filing deadline was January 29, 2022.
2020
Elections for the office of West Virginia State Senate took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 9, 2020. The filing deadline was January 25, 2020.
Elections for the office of West Virginia House of Delegates took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 9, 2020. The filing deadline was January 25, 2020.
2018
Elections for the West Virginia State Senate took place in 2018. The semi-closed primary election took place on May 8, 2018, and the general election was held on November 6, 2018. The candidate filing deadline for major party candidates was January 27, 2018. The candidate filing deadline for third-party candidates was August 1, 2018. The candidate filing deadline for write-in candidates was September 18, 2018.[1]
Elections for the West Virginia House of Delegates took place in 2018. The semi-closed primary election took place on May 8, 2018, and the general election was held on November 6, 2018. The candidate filing deadline for major party candidates was January 27, 2018. The candidate filing deadline for third-party candidates was August 1, 2018. The candidate filing deadline for write-in candidates was September 18, 2018. [2]
2016
Elections for the West Virginia State Senate took place in 2016. The primary election took place on May 10, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was January 30, 2016.
Elections for the West Virginia House of Delegates took place in 2016. The primary election took place on May 10, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was January 30, 2016.
2014
Elections for the West Virginia State Senate took place in 2014. A primary election took place on May 13, 2014. The general election was held on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was January 25, 2014.
Elections for the West Virginia House of Delegates took place in 2014. A primary election took place on May 13, 2014. The general election was held on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was January 25, 2014.
2012
Elections for the office of West Virginia State Senate took place in 2012. The primary election was held on May 8, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was January 28, 2012.
Elections for the office of West Virginia House of Representatives took place in 2012. The primary election was held on May 8, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was January 28, 2012.
2010
Elections for the office of West Virginia State Senate took place in 2010. The primary election was held on May 11, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was January 30, 2010.
Elections for the office of West Virginia House of Representatives took place in 2010. The primary election was held on May 11, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was January 30, 2010.
Sessions
Article VI of the West Virginia Constitution establishes when the Legislature is to be in session. Section 18 of Article VI states that the Legislature is to convene its regular session on the second Wednesday of January of each year. Once every four years, on the year in which the Governor of West Virginia is inaugurated, the Legislature holds a thirty day recess after the first day of the session. This recess is designed to give the Governor time to prepare a budget.
Section 22 of Article VI limits regular sessions of the Legislature to sixty days. Regular sessions can be extended by a two-thirds vote of the members of both legislative houses.
Section 19 of Article VI gives the Governor of West Virginia the power to convene the Legislature into special session. Section 19 also requires the Governor to convene a special session if it is requested by three-fifths of the members of each legislative house.
2024
In 2024, the legislature was scheduled to convene on January 10, 2024, and adjourn on March 9, 2024.
2023
In 2023, the legislature was scheduled to convene on January 11, 2023, and adjourn on March 11, 2023.
| Click [show] for past years' session dates. | |||
|---|---|---|---|
2022In 2022, the legislature was scheduled to convene on January 12, 2022, and adjourn on March 12, 2022. 2021In 2021, the legislature was scheduled to convene on February 10, 2021, and adjourn on April 10, 2021. 2020In 2020, the legislature was scheduled to convene on January 8, 2020, and adjourn on March 7, 2020.
Several state legislatures had their sessions impacted as a result of the 2020 coronavirus pandemic. 2019In 2019, the legislature was in session from January 9, 2019, through March 9, 2019. 2018In 2018, the legislature was in session from January 10, 2018, through March 10, 2018. To read about notable events and legislation from this session, click here. 2017
In 2017, the legislature was in session from February 8, 2017, through April 9, 2017. The legislature held a special session from May 4, 2017, to June 26, 2017. The legislature held its second special session from August 1 to September 15 over the Foxconn deal. 2016
In 2016, the legislature was in session from January 13 through March 12. The legislature held a special session from May 16 to June 14 over the state budget. The legislature held a second special session from September 18 to September 20 over flood recovery. 2015
In 2015, the legislature was in session from January 14 through March 14. Major issues in 2015Major issues during the 2015 legislative session included education, infrastructure, business retention, and the state's budget. All four issues were to top the agenda for the last legislative session, but the state's water crisis took center stage instead. With the water issue under the control, lawmakers expected to be able to focus on the planned issues.[3] 2014
In 2014, the legislature was in session from January 8 through March 10. Major issues in 2014Major issues during the 2014 legislative session included legislation that benefits families, expanding education, state energy, and developing the economy.[4] 2013
In 2013, the legislature was in session from January 9 to April 14. Major issues in 2013Major issues included the availability of soft drinks in schools, repeal of the law allowing the sterilization of "mental defectives," and treatment of sexually-transmitted diseases.[5] 2012
In 2012, the legislature was in session from January 11 through March 10. 2011
In 2011, the legislature was in regular session from January 12 through March 18.[6] An August 1, 2011, special session was called by Governor Earl Ray Tomblin (D) to pass legislation related to redistricting and other topics.[7] A second special session began on August 15, 2011, to replace the House of Delegates' redistricting plan. The House's plan, which passed during the first special session on August 1, had to be vetoed because of errors. The plan contained duplicate voter precinct populations for districts in both Kanawha and Morgan counties.[8] 2010
In 2010, the legislature was in regular session from January 13 to March 20. Additionally, the legislature met in special session from May 13 to May 19.[9][10] |
Origination of bills
Bills, even revenue bills, and resolutions may originate in either house.
Veto override
For budget bills or supplementary appropriations bills, two-thirds of the members elected to each house are required to override the governor's veto of a bill or items or parts thereof. For all other bills, a simple majority of each house is required.
Role in state budget
- See also: West Virginia state budget and finances
West Virginia on 
|
The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:[11]
- Budget instructions are sent to state agencies in August.
- State agencies submit budget requests by September 1.
- Agency hearings are held September through November.
- The governor submits his or her proposed budget to the West Virginia State Legislature on or before the second Wednesday in January. A newly elected governor has until the second Wednesday in February.
- The legislature adopts a budget in March. A simple majority is required to pass a budget.
West Virginia is one of 44 states in which the governor has line item veto authority.[11][12]
The West Virginia State Legislature is constitutionally required to pass a balanced budget. The budget must be balanced before the governor can sign it into law.[11]
District maps
State Senate
State House
Veto overrides
- See also: Veto overrides in state legislatures
State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in West Virginia are listed below.
How many legislators are required to vote for an override? A majority of members in both chambers.
| A simple majority of members in both chambers must vote to override a veto, which is 51 of the 100 members in the West Virginia House of Delegates and 18 of the 34 members in the West Virginia State Senate. West Virginia is one of six states that requires a majority vote from both of its legislative chambers to override a veto. |
Are there other special rules?
| If the governor vetoes an appropriation bill, two-thirds of the members in both chambers are required to override the veto, which is 67 of the 100 state representatives and 23 of the 34 state senators.[13] |
Authority: Article VII, Section 14 of the West Virginia Constitution.
| "Subject to the provisions of section fifteen of this article, every bill passed by the Legislature shall, before it becomes a law, be presented to the governor. If he approves, he shall sign it, and thereupon it shall become a law; but if not, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon its journal, and may proceed to reconsider the returned bill. Notwithstanding the provisions of section fifty-one, article six of this constitution, any such bill may be reconsidered even if the Legislature is at the time in extended session for the sole purpose of considering the budget bill, as specified in said section fifty-one. If after any such reconsideration, a majority of the members elected to that house agree to pass the bill, it shall be sent, together with the objections of the governor to the other house, by which it may likewise be reconsidered, and if approved by a majority of the members elected to that house, it shall become a law, notwithstanding the objections of the governor." |
Redistricting
- See also: Redistricting in West Virginia
In West Virginia, congressional and state legislative district boundaries are set by the West Virginia State Legislature. These lines are subject to veto by the governor.[14]
The West Virginia Constitution requires that state Senate districts be "compact, contiguous, and bounded by county lines where doing so is not otherwise unlawful." There are no such requirements in place for congressional or state House districts.[14]
2020
West Virginia enacted district maps for the Senate and House of Delegates on October 22, 2021.[15] On September 30, 2021, the House Redistricting Committees released a single-member district map proposal for the West Virginia House of Delegates.[16] The proposal passed the House on October 13, 2021, in a 79-20 vote and passed the Senate on October 18, 2021, in a 28-5 vote.[17] On October 5, 2021, the Senate Redistricting Committee released five map proposals for West Virginia's State Senate districts.[18] On October 11, 2021, the Senate Redistricting Committee voted to recommend Sen. Charles S. Trump IV's (R) 8th proposed senate map to the full Senate.[19] The Senate approved a map that combined aspects of previous proposals in a 31-2 vote on October 19, 2021. The map, named after Sens. Trump, Tom Takubo (R), Eric Tarr (R) Patricia Rucker (R), and Robert Karnes (R) was approved by the House in a 72-19 vote. Both the House and Senate maps were signed into law by Gov. Jim Justice (R) on October 20, 2021.[20] These maps took effect for West Virginia's 2022 legislative elections.
On the Senate map, Sen. Trump said, “This amendment I believe reconciles and harmonizes some of the issues that were points of contention. This is the product of conversations and compromises over a long period of time by a great number of people.”[21]
“There is a faction within the Republican Party that is worried about their reelection when they shouldn’t be. They should worry about how the state works and how to make it work," said Sen. Mike Romano (D).[22]
2010 census
West Virginia received its local census data on March 23, 2011. The state grew 2.5 percent with most growth by county seen in the northeast part of the state. The state's largest cities showed decline: Charleston decreased by 3.8 percent, Huntington decreased by 4.5 percent, Parkersburg decreased by 4.9 percent, Morgantown grew by 10.6 percent, and Wheeling decreased by 9.3 percent.[23]
The 2011 redistricting period was notable for the proposal of eliminating the state's multi-member districts, which ultimately failed. The Legislature passed plans in early August; Democratic Governor Ray Tomblin vetoed the House plan on August 17, 2011, calling for another session to begin the next day. On August 21, the Legislature approved revisions to the House plan and struck down numerous Republican amendments, including the replacement of the multi-member system with 100 single-member constituencies. Tomblin signed the plan on Friday, September 2, 2011.
Legislators
Salaries
- See also: Comparison of state legislative salaries
| State legislative salaries, 2023 | |
|---|---|
| Salary | Per diem |
| $20,000/year | $75/day for members who commute daily. $175/day for members who do not commute daily. |
When sworn in
West Virginia legislators assume office the first day of December following the election.[24]
Joint Committees
- See also: Public policy in West Virginia
The West Virginia State Legislature utilizes joint standing committees, select committees, and committees with no special designation. Details on those committees can be found on the Legislature website.
History
Partisan balance 1992-2013
West Virginia Senate: Throughout every year from 1992-2013, the Democratic Party was the majority in the West Virginia State Senate. The West Virginia State Senate is 1 of 16 state senates that was Democratic for more than 80 percent of the years between 1992-2013. West Virginia was under Democratic trifectas for the final 13 years.
Across the country, there were 541 Democratic and 517 Republican state senates from 1992 to 2013.
West Virginia House: Throughout every year from 1992-2013, the Democratic Party was the majority in the West Virginia State House of Representatives. The West Virginia House of Representatives is one of 18 state Houses that was Democratic for more than 80 percent of the years between 1992-2013. West Virginia was under Democratic trifectas for the final 13 years.
Across the country, there were 577 Democratic and 483 Republican State Houses of Representatives from 1992 to 2013.
Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states had divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.
The chart below shows the partisan composition of the Office of the Governor of West Virginia, the West Virginia State Senate and the West Virginia House of Representatives from 1992 to 2013.
.PNG)
SQLI and partisanship
- To read the full report on the State Quality of Life Index (SQLI) in PDF form, click here.
The chart below depicts the partisanship of West Virginia state government and the state's SQLI ranking for the years studied. For the SQLI, the states were ranked from 1-50, with 1 being the best and 50 the worst. West Virginia never finished higher than 48th in any year of the study.
Constitutional amendments
In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.
The methods in which the West Virginia Constitution can be amended:
The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. West Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.
Legislature
A two-thirds vote is required during one legislative session for the West Virginia State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 67 votes in the West Virginia House of Representatives and 23 votes in the West Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 1 of Article XIV of the West Virginia Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature.
2025 measures:
- See also: 2025 ballot measures
Certified:
- The following measures were certified for the ballot.
No measures to list
2024 measures:
Below is a list of measures that were referred to the 2024 ballot by the legislature.
- See also: West Virginia 2024 ballot measures
Certified:
- The following measures were certified for the ballot.
| West Virginia Prohibit "Medically-Assisted Suicide, Euthanasia, and Mercy Killing" Amendment | Democrats | Republicans | |||
| Senate: | Required: 23 | Yes votes: 28 (82.3%) | No votes: 4 (11.7%) | Yes: 3; No: 2 | Yes: 25; No: 2 |
| House: | Required: 67 | Yes votes: 88 (88%) | No votes: 9 (9%) | Yes: 2; No: 9 | Yes: 86; No: 0 |
See also
| Elections | West Virginia State Government | State Legislatures | State Politics |
|---|---|---|---|
 |
 |
 |
 |
External links
Footnotes
- ↑ Confirmed with the West Virginia Secretary of State on September 20, 2017
- ↑ Confirmed with the West Virginia Secretary of State on September 20, 2017
- ↑ TimesWV.com, "Legislature has new makeup but several familiar issues of concern," January 14, 2015
- ↑ The State Journal, "Issues and Eggs kick off discussion of topics for legislative session," January 8, 2014
- ↑ State Journal, "Soft drinks in schools to be considered by WV Legislature," January 8, 2013
- ↑ West Virginia Legislature
- ↑ WTRF, Tomblin Calls Special Session for Redistricting, July 26, 2011 (dead link)
- ↑ The Republic, Tomblin: special session to begin Thurs to remedy House redistricting plan, Aug. 12, 2011
- ↑ 2010 session convenes dates for West Virginia Legislature
- ↑ 2010 session adjourns dates for West Virginia Legislature
- ↑ 11.0 11.1 11.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
- ↑ National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
- ↑ National Conference of State Legislatures, "The Veto Process," accessed June 22, 2017
- ↑ 14.0 14.1 All About Redistricting, "West Virginia," accessed May 7, 2015
- ↑ West Virginia Legislature, "Actions by the Governor," accessed October 25, 2021
- ↑ WSAZ, "First West Virginia redistricting maps released," September 30, 2021
- ↑ West Virginia Legislature, "Actions by the Governor," accessed October 25, 2021
- ↑ West Virginia Legislature, "Senate Select Committee on Redistricting," accessed October 7, 2021
- ↑ WV News, "(West Virginia) Senate Redistricting Committee selects proposed maps," October 11, 2021
- ↑ Metro News, "After days of trying, Senate overwhelmingly passes a map of its own districts," October 19, 2021
- ↑ The Center Square, "West Virginia Senate passes Senate redistricting bill," October 21, 2021
- ↑ 13 News, "West Virginia State Senate passes new district maps; House to return Wednesday," October 19, 2021
- ↑ U.S. Census Bureau, "U.S. Census Bureau Delivers West Virginia's 2010 Census Population Totals, Including First Look at Race and Hispanic Origin Data for Legislative Redistricting," March 23, 2011
- ↑ West Virginia Constitution, "Article IV, Section 7," accessed February 8, 2023
| |||||||||||
