Case Summary
LWVWV filed an amicus brief in the Supreme Court of Appeals of West Virginia, urging the court to affirm a lower court ruling striking down HB 2755, which gave the legislature more authority over the state board of education after voters had previously voted down a similar change in the 2022 election. The amicus brief argued that reversing the lower court decision would damage voter trust in democracy by allowing the legislature to willfully override the will of the people.
Article 12 of West Virginia’s constitution provides for a State Board of Education, which is charged with the “general supervision of the free schools of the State” and appointment of the state superintendent of public schools.
In 2022, the West Virginia legislature proposed a constitutional amendment, Amendment 4, which would have required the State Board of Education to submit its rules and policies for the legislature’s approval. The amendment also allowed the legislature to reject or amend the proposed rules and policies at will. The voters soundly rejected the amendment, with almost 58% of voters voting ‘No’.
The legislature then enacted HB 2755 during the 2025 legislative session, which stated that the board would, “submit all legislative rules for authorization by the Legislative Oversight Commission on Education Accountability and submission to the Legislature for its review and approval, amendment, or rejection, in whole or in part”, almost mirroring the provisions voters rejected at the polls in 2022.
On October 3, 2025, the State Board of Education filed a lawsuit in the West Virginia Supreme Court of Appeals, the state’s highest court. The board asked the court to declare HB 2755 unconstitutional.
On October 31, 2025, the League of Women Voters of West Virginia (“LWVWV”) filed an amicus brief in the West Virginia Supreme Court of Appeals urging the justices to strike down HB 2755. The brief detailed examples of state supreme courts in Utah and Michigan upholding the will of voters by striking down laws repealing or heavily modifying ballot initiatives on fair redistricting and improving working conditions, respectively.
The brief also explained that upholding HB 2755 would effectively nullify the will of the people as shown in 2022, and that voter turnout and trust in government would suffer, as the belief in a meaningful vote is vital in motivating citizens to vote.
LWVWV was represented in this matter by Pence Law Firm, PLLC.
LWV Timeline
Legislature passes HB 2755
The West Virginia Legislature passes HB 2755, which requires the state board of education to receive legislative approval for its proposed rules. Voters had previously rejected a similar measure in 2022.
Plaintiffs file lawsuit
The State Board of Education files a lawsuit in the West Virginia Supreme Court of Appeals, urging the court to strike down HB 2755 as unconstitutional and counter to the court’s previous precedent.
LWVWV files amicus brief
LWVWV files an amicus brief asking the state supreme court to strike down HB 2755. The brief highlights the role of other state courts in protecting the will of the people and asserts that allowing HB 2755 to stand would nullify the will of the people.