CHARLESTON — West Virginia Attorney General Patrick Morrisey has issued a legal opinion requested by Secretary of State Mac Warner concerning the validity of legislative rules retaining veto authority over locations for in-person early voting by the chairpersons of the county executive committees.
The Attorney General has concluded that a reviewing court would likely set aside West Virginia Code of State Rules § 153-13-3.5, which gives veto authority over proposed community locations for in-person early voting to the two chairpersons of the major political parties, because it is in conflict with West Virginia Code § 3-2-2a(b), which removed that authority via a 2011 statutory amendment.
“In light of the 2011 amendment to the West Virginia Code, removing the requirement that community locations for in-person early voting must be agreed to by the chairpersons of the county executive committees of the two major political parties, a reviewing court would almost certainly find that the statute, as opposed to the legislative rule, would control,” said Attorney General Morrisey. “However, the other portions of the legislative rule, including the deadlines for the submission of early voting community location proposals, do not raise the same concerns and may be enforced.”
The Secretary of State’s office asked for the legal opinion concerning the legislative rules after the Kanawha County Commission voted to add an early voting location on the west side of Charleston. The additional early voting site is located at the Girl Scouts Black Diamond Council Building on Virginia Street West.