West Virginia 2026 Regular Session

West Virginia House Bill HB5231

Introduced
2/5/26  

Caption

The purpose of this bill is to require counties to utilize separate voting machines from those used for voting in an election, and to require testing of the automatic tabulating equipment prior to its use in an election.

Summary

House Bill 5231 would amend West Virginia’s election code to require counties that use electronic voting systems to maintain separate voting equipment for training purposes. Under the bill, training-specific machines could not be used in an election unless there is an emergency, such as a machine failure that leaves too few machines for lawful voting or a county’s inability to afford separate training equipment. If a county must use the same machines for training, the bill requires those machines to be tested and certified free from error before they can be used in an election. The bill also tightens rules for testing and securing automatic tabulating equipment and vote-recording devices. It requires pre-election testing of the tabulating system, repeated testing in certain circumstances, public notice of tests, and certification and sealing procedures to ensure equipment remains untouched until use. It further provides that equipment used in training or public demonstrations cannot be used in an election until it has been fully tested and sealed, and it adds storage and chain-of-custody requirements for testing materials and memory devices.

Impact

HB5231 would change state election administration rules by adding a specific separation between training equipment and election-use equipment, while also reinforcing existing testing, sealing, and certification requirements for electronic voting systems. Counties would need to adopt or update written security policies, maintain dedicated training machines where possible, and ensure any equipment exposed to training use is retested before election deployment. The bill primarily affects county clerks, county commissions, the Secretary of State, and election officials responsible for voting machine security, testing, and canvass procedures.

Sentiment

Based on the bill text and available context, the measure appears to be framed as an election-security and integrity bill, with an emphasis on preventing any possibility that machines used in training or demonstrations could be used in an election without additional safeguards. There is no recorded committee transcript or vote history in the provided materials, so there is no direct evidence of opposition or support from debate. The overall tone of the bill is precautionary and administrative rather than partisan in the materials provided.

Contention

The main point of potential contention is the operational and financial burden on counties, especially smaller or less-resourced counties, because the bill requires separate training machines unless an emergency or lack of funds makes that impossible. Another likely issue is whether the added testing, sealing, and retesting requirements create unnecessary administrative complexity or delays, versus whether they are needed to strengthen public confidence in election equipment. The bill itself anticipates the funding concern by allowing an exception when a county cannot afford separate training machines, but it still requires extra testing in that case.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3073

Requiring separate voting equipment to be used for training purposes only

WV SB593

Preserving voting data from electronic voting machines

WV HB3017

Compliance Audits of Tabulating Equipment

WV HB2447

Relating to modernization of procedures for voting in public elections

WV HB2895

To ascertain the value of any item of tangible machinery and equipment personal property used in business activity

WV HB2541

Provisions for election observers during any election and at any voting or ballot-reviewing and ballot-counting location within West Virginia

WV HB2141

To modify certain election laws, early voting laws, and absentee voting laws

WV SB942

Modifying requirements for diesel-powered equipment in mines

WV SJR8

Citizenship Requirement to Vote in WV Elections Amendment

WV HJR13

Amending the Constitution to prohibit persons not United States citizens from voting in any election held within this state

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