| Page 89

West Virginia Bills to Require Declared Write-in Candidates to Pay Filing Fees

Posted on February 20, 2026 by Richard WingerFebruary 20, 2026

West Virginia Senator Robbie Morris (R-Randolph) and Representative Joe Funkhouser (R-Charles Town) have introduced SB 851 and HB 5217. The identical bills would require declared write-in candidates to pay filing fees.

West Virginia in the past also required write-in candidates to pay filing fees, but in 2000 a U.S. District Court struck down the West Virginia filing fees for write-in candidates. Phillips v Hechler, 120 F.Supp.2d 587. The state did not appeal and repealed the law. The rationale for the court decision is that the purpose of filing fees is to keep ballots from being too crowded, but write-in candidates’ names are not printed on ballots.

Hawaii Top-Two Bill Passes Senate Judiciary Committee

Posted on February 20, 2026 by Richard WingerFebruary 20, 2026

On February 13, the Hawaii Senate Judiciary Committee passed SB 2480, although the committee recommended that the bill be amended on the Senate floor. It is not known what the amendments would be. The Libertarian Party and the Green Party testified against the bill. The vote was3-0, with two members absent.

The sponsors are three Democratic Senators (Mike Gabbard, Jarrett Keohokalole, and Jay san Buenaventura), and one Republican Senator (Kurt Favella).

The bill, as introduced, would make it far more difficult for a party to remain ballot-qualified. They could only stay on if they polled 10% for president (which no third party has done since 1968). The easier vote tests (4% for State House, or 2% for State Senate) would no longer work, since parties would no longer have nominees except for President.

If enacted, the bill would take effect immediately, and thus the 2026 election would use a top-two system.

At the hearing, no mention was made of the current California top-two situation with the gubernatorial election. The Hawaii League of Women Voters testified for the bill, even though in the past the League of Women Voters in Arizona, Oregon, and Washington had opposed top-two systems.

Another South Carolina Bill for Closed Primaries

Posted on February 20, 2026 by Richard WingerFebruary 20, 2026

The South Carolina legislature already has four bills pending that would change primaries from open to closed. Now Representative James “Mike” Burns (R-Tigerville) has introduced another one, HB 5183. It differs from the others by making an easier transition to closed primaries. Voters could sign up at the polls on primary date as a member of a party. The other bills require voters to re-register into a party before primary day.

None of the bills is expected to pass, because the Governor has said he is opposed to closed primaries.

Rick Hasen, Election Law Expert, On Election Law Consequences of the February 20 Tariffs Decision

Posted on February 20, 2026 by Richard WingerFebruary 20, 2026

On February 20, the U.S. Supreme Court issued an opinion in Learning Resources, Inc. v Trump. While this is not an election law decision, Law Professor Rick Hasen writes here that the decision has implications for election law as well.

Virginia Trial Court Again Blocks Virginia Ballot Measure on U.S. House Districting

Posted on February 20, 2026 by Richard WingerFebruary 20, 2026

On February 19, the same Virginia trial court judge who had blocked the Virginia ballot measure on redistricting again blocked it. Republican National Committee v Koski, Tazewell Co. Circuit Court, CL26-266. Here is the 7-page opinion. The judge used the same rationale as he had the first time. He believes that “election day” doesn’t refer to one particular day, but the entire range of the early voting period. The legislature had passed the bill for a redistricting ballot measure before November 4, 2025, but after the first day of early voting for the November 2025 election.