HB 5167

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Introduced Version
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Key: Green = existing Code. Red = new code to be enacted
WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
Introduced
House Bill 5167
By Delegates Miller, Hanshaw (Mr. Speaker), Mallow, Fehrenbacher, Flanigan, and Heckert
[Introduced February 04, 2026; referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §3-1D-1, §3-1D-2, §3-1D-3, §3-1D-4, §3-1D-5, §3-1D-6, and §3-1D-7, relating to creating the Taxpayer Accountability for Public Service Act; creating a short title; providing findings; defining terms; providing that to be eligible as a candidate for public office a person shall prove that payment of taxes has been made; setting exemptions; providing for enforcement; and setting an effective dat.
Be it enacted by the Legislature of West Virginia:
		Article 1D. Accountability for Public Service Act.
		§3-1D-1. Short title.
This Act may be cited as the "Taxpayer Accountability for Public Service Act."
		§3-1D-2.  Findings.
The legislature finds that:
(1) Payment of lawfully assessed taxes is a fundament civic duty;
(2) Public officials must demonstrate their commitment to civic responsibility; and
(3) Failure to pay personal property taxes indicates a disregard for legal obligations.
		§3-1D-3. Definitions.
For the purposes of this act:
"Certification of tax compliance" means documentation issued by the appropriate tax authority verifying that a candidate has paid all personal property taxes due or has entered into an approved payment plan.
"Personal property tax" means any tax lawfully assessed on personal property owned by an individual.
"Public office" means any elected position at the local, state, or within the jurisdiction.
		§3-1D-4. Candidate eligibility requirements.
(a) No person may be eligible to qualify as a candidate for public office if that person has unpaid personal property taxes that are past due.
(b) Each candidate for public office shall submit a certification of tax compliance when filing qualifying papers for candidacy.
(c) The election authority shall verify tax compliance with the appropriate tax compliance with the appropriate tax collection agency before certifying any candidate for the ballot.
		§3-1D-5. Exceptions.
(a) A person may run for public office if he or she has entered into a payment plan approved by the tax authority and are in good standing with that plan.
(b) A person may run for public office if he or she has filed a good faith challenge to the tax assessment and the challenge is pending resolution.
		§3-1D-6. Enforcement.
The election authority shall remove from the ballot any candidate who is found to have unpaid personal property taxes by April 1 of the election year pursuant to §11A-1-3 of this code and does not qualify for an exception under §3-1D-5(b) of this code
	. Any person who knowingly files false information regarding their tax status shall be disqualified from running for public office for a period of five years. The process for filling a vacancy in nomination as provided in §3-5-19(a)(3) of this code, if such disqualification results in a vacancy in nomination, shall be followed.
		§3-1D-7. Effective date.
This Act shall take effect immediately upon passage.
NOTE: The purpose of this bill is to create the Taxpayer Accountability for Public Service Act providing that to be eligible as a candidate for public office a person shall prove that payment of taxes has been made.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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