CHARLESTON – When we last checked in on the resolution that would create a constitutional amendment to allow only United States citizens to vote in West Virginia elections, here’s where everything stood.
First, Gov. Jim Justice said he wanted to see House Joint Resolution 21 on the special session agenda if lawmakers wanted it there.
“If the Legislature wants this on the call, it’ll be on the call,” he told The West Virginia Record. “You know, if all we’re going to do is just kick the can down the road and waste time … you don’t need that. All they have to tell me is they want it on the call, and it’ll be on the call.
Dickerson
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“And I’ll very proudly sign it if they can pass it and get it to me.”
And Senate President Craig Blair, who sponsored a similar measure, agreed.
“The state Senate would very much like to see the non-citizen voting amendment on the special session call for May,” Blair told The Record that same day. “We passed it overwhelmingly and were disappointed that it ran out of time at midnight in the House.”
If you recall, HJR 21 passed the House of Delegates by a 96-0 vote February 6. It then passed the state Senate on a 32-0 vote March 9, the final day of the regular session, with a minor change that had to be approved by the House.
But a technical glitch in the Legislature’s bill tracking system temporarily showed the measure as being completed. By the time the problem was realized, it was too late for it and a host of other measures to be taken across the finish line because of a Democratic filibuster.
And now, for the update.
Justice issued a call for a special session last week. The matter was not on the agenda. When asked about it, the governor’s office did not returned numerous messages seeking comment. Same goes for Blair’s office, and House Speaker Roger Hanshaw’s office did provide a comment about the special session but not the voting amendment resolution specifically. All are Republicans, of course.
Some supporters have said it would take too long for lawmakers to get the measure through the special session because the normal legislative rules would require it to be read on three different days in both houses – a total of six days – for passage.
The special session ended Tuesday after three days, but others have said the rules that require so many readings could have been suspended for a special session as current legislative leaders have been numerous times in recent years during regular sessions.
“The rules for a special session are the same as during the regular session,” Robert Bastress, a West Virginia University College of Law professor and expert on the West Virginia Legislature, told The Record last month. “So, yes, the Houses could suspend the rules to the extent and in the manner they are allowed during the regular session. …
“I don’t see any reasons why special sessions or joint resolutions would provide any cause to apply different rules. So, to the extent of my knowledge, the regular rules apply.”
With the overwhelming support in both houses as well as West Virginia’s deep-red conservative slant (as well as Justice’s run for U.S. Senate), the issue seems like a slam dunk. Supporters say the amendment would secure the electoral process and uphold the principle of voting rights. Critics claim it is unnecessary, saying it already is part of the state Constitution.
Yet, as we have witnessed so many times in recent years, leaders of the West Virginia executive and legislative branches of government don’t want to talk about it. They seem to think if they ignore the questions, the issue simply will go away. It’s their modus operandi for so many things.
And let’s be honest here. This issue is one that seems to be right in the wheelhouse for a governor currently running for a U.S. Senate seat as well as the rest of the state’s conservative leaders to make sure it comes to fruition.
If passed and signed by the governor, HJR21 would have put the questions before West Virginia voters on this fall’s general election ballot.
“Most people assume that in order to vote in the United States, a person must be a citizen of the United States,” Blair previously told The Record. “However, that isn’t always the case. Liberal cities like San Francisco and New York are allowing non-citizens to vote. …
“Unless our West Virginia constitution specifically states that only citizens can vote, the possibility of non-citizens legally voting exists. So, we have proposed a Constitutional Amendment that will ensure that only citizens can vote in elections in West Virginia. Only citizens of the United States and West Virginia should be voting in West Virginia elections.”
I have written stories in recent weeks about similar measures being passed and put before voters in several states, including Kentucky, North Carolina, South Carolina, Iowa, Wisconsin and Idaho.
“State legislators have noticed the success of the non-citizen voting movement and are taking action to stop it,” said Avi McCullah, president of Americans for Citizen Voting. “Most state constitutions do not specifically prohibit foreign citizen voting. Many people, even legislators, are unaware of this fact.”
Given the current national political environment with such a focus on border security, you’d think Justice and other state leaders would jump at the chance to make sure this issue was handled quickly. Because it already has the overwhelming support of legislators in both houses, lawmakers could suspend the rule and take care of passing this resolution in a matter of minutes.
Another question that remains unanswered is why HJR21, which passed the House on February 6, didn’t make it to the state Senate floor until March 5. Also, why it was laid over for the third reading on March 7 and March 8? Even reading it that third time and voting on it the day before likely would have assured it would have been passed.
As I’ve said before, we all know how things moved at the speed of government at the West Virginia Capitol. But this seems ridiculous.
I don’t know if its egos that are getting in the way or if it’s stubbornness, ineptitude, politics, money or something else entirely. But, regardless of your political beliefs, we all see this idea that is a no-brainer in deep-red West Virginia.
It’s just another indicator of why West Virginia finds itself dead last in so many studies and surveys regarding financial, growth and health.
Paul Jacob, president of the Americans for Citizen Voting PAC, calls the entire situation “beyond frustrating.”
“You know these legislators can legislate,” he told The Record earlier this week. “Here’s a measure with 96 votes in the House and 32 votes in the Senate. No votes against it in either house. And yet, somehow it didn’t get it done.
And now, it seems it can’t get done. It’s something the people of West Virginia want. There’s hardly anyone who is opposed to this, but the West Virginia Constitution is not incredibly clear on the issue.
“This might not be the most important life-and-death issue in the world, but it’s so simple to fix it. Yet, the West Virginia Legislature has failed to get it done. And this is exactly the thing you should suspend the rules over.”
Jacob compared it to an offense driving down the football field toward the end zone.
“If you don’t score a touchdown on first down, line up and run another play,” he said. “And I hope they (lawmakers) will. This is something that is so straight-forward and so simple. Voters are with them, but you’re just hearing lots of excuses. I would hope the next Legislature would feel duty-bound to do what the people of West Virginia want.
“The people of West Virginia will not have any legitimate faith in the Legislature until they can say this amendment passed. I mean, it’s already passed both houses unanimously. Right now, I don’t know how a voter can trust the Legislature.”
I agree. Beyond frustrating.
Dickerson is editor of The West Virginia Record.
