Republican Donald Trump will carry West Virginia easily in the upcoming presidential election and claim the state’s four electoral votes. However, a handful of Republican House of Delegates members* in West Virginia want the state to have an even bigger role.
The five delegates have introduced House Concurrent Resolution 203 stating that “The West Virginia Legislature shall not recognize an illegitimate presidential election.” The lawmakers base their resolution on the contention that “there is abundant evidence that non-citizens have been and are being registered to vote in the national election of 2024.”
The resolution does not cite what constitutes “abundant evidence.” The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 specifically prohibits noncitizens from voting in federal elections. U.S. News and World Report has reviewed the allegations of noncitizens voting and found, “Almost all available data says that noncitizen voting in federal elections, though not unprecedented, is incredibly rare.”
As to what constitutes “illegitimate,” the lawmakers have a long list of potential scenarios focusing on allegations of fraud in any state. The resolution says West Virginia will not recognize the election of a candidate for president if there has been “election interference.”
The resolution defines interference as “censorship, information suppression or manipulation, or other unconstitutional, extraconstitutional, illegal or otherwise illegitimate actions by the federal government, foreign governments, or other state governments, either directly or in collusion with elements of the media, social media entities, information entities, or political entities.”
That is wildly broad and subjective, and it fits conveniently into the continuing false narrative by former President Donald Trump and many of his supporters that the 2020 election was stolen. It appears these Republican legislators are trying to set up the possibility of West Virginia joining any attempts to upend the outcome of the 2024 election if Trump loses.
Fortunately, it does not appear that the state legislature, which is now meeting in special session, will consider the resolution. It has been referred to the House Judiciary Committee, which is not scheduled to meet. Lawmakers are focusing on Governor Justice’s tax cut, childcare issues and supplemental appropriations.
That is a relief.
Of course, election fraud is always a concern, which is why election officials here and across the country must be vigilant. States and the courts have systems in place to manage any and all complaints. Those systems were tested thoroughly in 2020. There were over 60 court cases where judges, including those appointed by Trump and other Republican presidents, reviewed allegations and found no widespread fraud.
These Republican lawmakers, like the majority of Republicans in West Virginia, want Trump to win, and that is their right. But they should not be laying the groundwork for another assault on the election because they don’t like the outcome.
*(The resolution is co-sponsored by Republican Delegates Bill Ridenour, Margitta Mazzocchi, Henry Dillion, Todd Longanacre and Elias Coop-Gonzalez.)