House passes elections, vehicle 'ban-bans' bills with Democratic opposition

Jan. 30—MORGANTOWN — The House of Delegates passed two elections bills and a car-ban bill on Tuesday — two with Democratic opposition and one with bipartisan opposition.

HB 4017 sets the times for close of voter registration: 11:59 p.m. for online registration and close of buisness for county clerks' offices for in-person.

The portion that drew opposition sets new criminal penalties. It makes coercing or offering payment in exchange for a person registering to vote a misdemeanor subject to fine up to $1, 000 and /or jail time up to a year.

It also makes voting intentionally via absentee ballot and in person a felony subject to a fine up to $1, 000 and one-10 years incarceration.

Minority Leader Sean Hornbuckle, D-Cabell said he believes in safe, secure, fair elections. But "slow down and be careful of what we're doing here." The intent may be good, but the bill's language is open to interpretation.

It could discourage people from getting involved in the process, he said. It could make it illegal to set up a table at a college, offering water and cookies, and encouraging people to register. It could make the secretary of state's program illegal that qualifies any West Virginia high school that registers 85 % of eligible students to vote to earn the Jennings Randolph civic engagement award.

"This is problematic, " he said. "This could criminalize our secretary of state."

The vote was 90-7, with all opposition from Democrats, including, locally, Delegates Joey Garcia, Anitra Hamilton and Evan Hansen. It would take effect Jan. 1, 2025, after the current election cycle.

HB 4350 drew opposition from both parties. Current law says if no one from a political party files to run in a partisan primary for office, the party may appoint someone to fill the candidacy vacancy up to three weeks after the close of filing.

The bill eliminates that, requiring the candidacy to remain vacant in the general election — unless no one filed with any party. In that case the parties could appoint nominees for the general.

It preserves the privilege of the parties to fill vacancies created by the death of a candidate.

Hansen was the first to speak against the bill. Citing the previous bill and one that passed out of Judiciary — HB 4016 — concerning absentee ballot applications, he said, "This bill is one of a set of bills that will suppress voter turnout. ... This is a bill that protects incumbents."

Delgate Mike Pushkin, D-Kanawha, echoed Hansen's incumbent theme and said no one has complained that voters have too many choices. "It is self-serving at its worst."

Lead sponsor Josh Holstein, R-Boone, said he introduced the bill because all candidates deserve to know who their opponents will be, even candidates for open seats, and to know that all candidates have followed the process. It's unfair that someone can come in and be appointed. "What's the point of a filing period if we don't follow it ?"

Delegate Adam Vance, R-Wyoming, argued that candidates for legislative seats have two to four years between elections to think about running and file timely. "I don't see the problem with this bill then. ... There shouldn't be extra time just to grab somebody and say, 'Here you are on the ballot.' I'm going to be a big yes on this bill."

And Judiciary chair Tom Fast, R-Fayette, closed the debate saying, "The sound bites can be rampant sometimes in this chamber." Saying the bill serves to protect incumbents or suppress voting doesn't make it so, he said, arguing it preserves an existing deadline and makes it firm.

The vote was 79-18, with seven Republicans joining the Democrats. Locally, Garcia, Hamilton, Hansen and Democrat John Williams voted against it. It goes to the Senate.

Opponents to HB 4434 have had fun on social media calling the "ban bans " bill because it bans bans on fossil fuel vehicles.

Specifically, it prohibits state agencies and local governments from restricting sale or use of vehicles based on their fuel source. It does not affect any policies relating to agency or local government vehicle purchases.

Pushkin pointed out that the bill does not reverse West Virginia's 2015 ban on Tesla franchises. Fast agreed, but said other manufacturers use the independent dealer model that brings money to local communities in a number of ways.

The vote was 88-8, with Garcia, Hamilton, Hansen and Williams all against it. It also goes to the Senate.

Email: dbeard @dominionpost.com