West Virginia Delegate Pat McGeehan (R-Chester) has introduced HB 2102, to ease ballot access for political parties. Current law requires a group or a party to poll 1% for Governor, in order to become or maintain itself as a qualified party. The bill would change that vote test to 1% for any state statewide office. Also, it would enable a group or a party to be a qualified party if it had registration of at least 5,000 members. This would make it possible for groups to become qualified parties in advance of any particular election.

In November 2016, the Libertarian Party had 4,679 registered members; the Green Party (which is called the Mountain Party in West Virginia) had 1,875. Both are currently qualified because both polled over 1% for Governor in 2016. West Virginia elects all its statewide state offices in presidential years.