House passes bill to make harsher voter fraud penalties

The bill establishes a crime for voting more than once, and it clarifies that a person can be convicted of knowingly and willfully attempting to vote “when not legally entitled,” assisting someone in attempting to vote illegally, or altering a ballot. Anyone who assists in causing a legal ballot to be rejected also could face a felony conviction if the bill becomes law.

Any person convicted of any of those crimes would face between one and 10 years in prison and up to $10,000 in fines.

Delegate Mike Pushkin, D-Kanawha, wasted no time in questioning why West Virginia needed the bill when the House Judiciary Committee did not hear of any recent examples of such voter fraud occurring.

During the House Judiciary meeting dealing with the bill, there was a brief mention about the case of one man in Pendleton County who pleaded guilty to attempting to alter voters’ absentee ballot applications during the 2020 primary election cycle.

“If the intent is to restore people’s faith in their elections, I’m for that,” Pushkin said. “I can support that. … If we really want to restore faith in our elections, maybe the chief election officer in the state should probably refrain from standing on the steps of the Capitol with a ‘Stop the Steal’ sign.”

Pushkin was referring to Secretary of State Mac Warner, whose office administers elections statewide. Pushkin later voted for the bill.

On Dec. 9, 2020, Warner, a Republican, participated in a “March for Trump” rally at the West Virginia Capitol Complex, which was broadcast live by Right Side Broadcasting Network.

“Stop the Steal” refers to a rallying cry built around accusations by former President Donald Trump, who claimed he lost the 2020 election due to widespread voter fraud, even though neither he nor his attorneys ever provided any evidence of voter fraud to the general public or in court cases in at least six states, all of which were dismissed.

Warner also expressed his support in December 2020 when Republican Attorney General Patrick Morrisey signed West Virginia onto a lawsuit asking the U.S. Supreme Court to block the certified voting results from four swing states in the 2020 U.S. Presidential Election.

Warner wasn’t available to directly comment on Pushkin’s comments Thursday, said Mike Queen, spokesman for the Secretary of State’s Office.

Queen said Warner requested HB 4311 “to continue his nationally recognized bipartisan efforts to eliminate barriers to the ballot box for West Virginia voters.”

“Confidence in West Virginia elections has never been higher because Secretary Warner’s interest in transparent, safe and secure elections,” Queen said.

Delegate Daniel Linville, R-Cabell, brought up the case of two former Lincoln County officials who were sentenced to federal prison in 2012 as part of an election fraud scheme.

“I don’t want to hear anymore that this doesn’t happen, never happened out in the ether,” Linville said. “Right here. It exists. Google it. Support the bill and bring back fairness to elections in West Virginia.”

Delegate Kayla Young, D-Kanawha, also expressed concern that the bill could excessively subject county clerks to criminal charges for their work in helping process ballots, but she voted in favor of the bill.

In response to Young’s questioning, House Judiciary Vice Chair Tom Fast, R-Fayette, emphasized the element of intention in the law.

“If we’re talking about an honest mistake, then that would not come under this,” Fast said. “This is intended to capture those who knowingly and willingly violate the law.”

Julie Archer, coordinator of WV Citizens for Clean Elections, on Thursday said the bill was a step backward in terms of voter access, and lawmakers should be focused more on expanding voting options for West Virginians.

“This bill is a distraction from the party that continues to fuel lies and conspiracy theories that the 2020 election was stolen as a result of massive voter fraud,” Archer said. “Statistically the types of voter fraud addressed by the bill rarely happen. This is also a missed opportunity to enact meaningful policies that expand access to the ballot for eligible voters.”

HB 4311 will advance to the Senate for consideration.