West Virginia sets voter residence rules starting January 2027

Voters and registration applicants must make their home in the relevant voting area and intend to remain indefinitely, with an exception for students. Voting requires residence in the relevant state, county, or municipality. Registration requires residence in West Virginia and the county where the person applies. Officials may consider time spent locally, government documents, tax filings, and other evidence of where someone makes their home. Students who intend to make a home where they attend school may register there without intending to stay beyond graduation. The voting and registration amendments take effect January 1, 2027.

The Secretary of State or county clerk may challenge a registration applicant’s residence. This process applies to people applying to register to vote. The challenge must state a reason and be filed with the county clerk, who must send notice by certified mail. The clerk must reject the application if the notice is undeliverable or the applicant fails to appear during business hours and provide evidence on time. Applicants who respond on time receive an eligibility decision. Those who prove they live elsewhere in the same county may file a corrected application. These rules take effect January 1, 2027. The 30-day response period begins when the clerk mails the notice.

Officials must use rules about sleeping places, moves, and temporary absences when deciding voting residence. These rules guide residence decisions. Spouses may establish separate homes for voting. An elected official’s second home outside the district does not by itself establish a residence change. A usual sleeping area controls residence for people without traditional homes and people whose homes cross election boundaries. People without traditional homes may give a separate mailing address. Temporary absences with plans to return preserve residence. Moving elsewhere to stay indefinitely ends the former residence, even with hopes of returning someday. People who move elsewhere and vote there lose their former voting residence. Government service in the District of Columbia or another federal territory preserves West Virginia residence unless the person votes there. State government service elsewhere within West Virginia similarly preserves the former residence unless the person votes in the new location. The residence determination rules take effect January 1, 2027.