For the third year running, West Virginia state House Delegate Michael Hite (R-92nd, Berkeley) has introduced legislation in Charleston to establish a separate presidential primary in the Mountain state and schedule the election for the third Tuesday in February (in 2028, February 16).
Neither of the previous two efforts in 2024 or 2025 gained any traction and the latest attempt is likely to meet the same end. Regardless of any other points of dispute on this particular measure, the proposed date in HB 4751 would at the very least put the West Virginia primary in violation of national party delegate selection rules for both parties. Such a move would cost Mountain state Republicans slightly more than half of their delegation after the RNC's super penalty knocked the number of delegates down to twelve. And West Virginia Democrats would face an initial 50 percent penalty on their delegation under DNC rules. That could potentially rise to a full one hundred percent penalty or fall away to nothing. In the latter instance, West Virginia Democrats could make a case to the DNC Rules and Bylaws Committee for a waiver based on the primary date change being made by a Republican-sponsored bill with seven Republican co-sponsors in addition to Republicans holding down unified control of state government.
However, that is definitely putting the cart before the horse. This legislation would have to show some progress where the similar previous legislation died before this gets anywhere close to a discussion of penalties and waivers. And there is no indication yet that 2026 will be any different in Charleston than the past two have been for the scheduling of the presidential primary.
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Noteworthy: One area where this bill is silent is on the matter of the fiscal impact. What would it cost the state to fund and conduct a February presidential primary separate from the primaries for other offices that it has customarily been concurrent with in mid-May in most post-reform presidential nomination cycles. Price tags of separate primary elections have been a bridge too far in other Republican-controlled states in recent cycles. --