WV · Officeholder
RDelegate · District 37
On the ballot Nov 3, 2026: West Virginia House of Delegates District 37
Marty Gearheart is a Republican business owner and member of the West Virginia House of Delegates from District 37 who is seeking re-election against Democrat Treyvon Simmons in the November 3, 2026 general election.[1][2] He previously served in the House from 2010 to 2018 and returned in 2020.[1]
Marty Gearheart was born in Zebulon, North Carolina, graduated from Bluefield High School in 1979 and earned a B.S. from Concord University in 1983.[1] His career experience includes owning and managing Gearheart Enterprises.[1]
Gearheart represented West Virginia House of Delegates District 27 from 2010 to 2018 and has represented District 37 since 2020.[1] His committee assignments in the 2023-2024 session were Finance, Rules, Technology and Infrastructure, and Workforce Development.[1]
Researched from the cited sources on 2026-10-21. Not yet independently fact-checked.
Marty Gearheart is on the Nov 3, 2026 ballot for West Virginia House of Delegates District 37 as R. Not researched in depth — candidate list only.
Their recorded votes on bills that divided the chamber (unanimous votes left out), grouped by topic. A bill can sit under more than one topic. "With" and "against" compare each vote with how most Republicans voted. How topics are assigned
Most contested
As passed by the House, requires all employers to register with E-Verify, check new hires' work authorization and keep records, gives employers who use E-Verify a legal defense, removes some criminal penalties, and sets escalating sanctions from warnings to state-contract bans and business-license revocation.
Feb 10, 2026 · Passed 48–46 · with most RepublicansOfficial record ↗
Exempting certain employees from the classified civil service system
On the version voted Mar 14, 2026: Exempts new hires and promoted employees in the Departments of Health Facilities, Human Services and Health from the classified civil service system and state grievance procedures starting July 1, 2026. Secretaries may restore coverage where federal law requires; bars nepotism and favoritism in decisions.
Mar 4, 2026 · Passed 51–38 · with most RepublicansOfficial record ↗
To create the Southern Coalfield Resiliency and Revitalization Program
As passed by the House, creates a five-year Southern Coalfield Resiliency and Revitalization Program for Boone, Logan, McDowell, Mingo and Wyoming counties, with a council to coordinate existing state, local and university resources for economic development, annual reports, and outreach to businesses on existing tax credits.
Feb 20, 2026 · Failed 48–48 · with most RepublicansOfficial record ↗
Most contested
Modifying parole eligibility for crime of second degree murder and voluntary manslaughter
On the version voted Mar 11, 2026: Lengthens prison terms for second-degree murder to 15 to 60 years and voluntary manslaughter to 5 to 25 years, sets minimum time served before parole for each, and raises minimum time before parole for life sentences.
Mar 6, 2026 · Failed 45–47 · with most RepublicansOfficial record ↗
As passed by the House, requires all employers to register with E-Verify, check new hires' work authorization and keep records, gives employers who use E-Verify a legal defense, removes some criminal penalties, and sets escalating sanctions from warnings to state-contract bans and business-license revocation.
Feb 10, 2026 · Passed 48–46 · with most RepublicansOfficial record ↗
As amended by the Senate, amends the state public records law to exempt private personal information and more internal and security records, extend the response deadline from 5 to 14 business days, allow search fees, and remove the presumption of access.
Apr 2, 2025 · Passed 58–42 · with most RepublicansOfficial record ↗
Most contested
Repealing obsolete and outdated sections of the Education code.
As first passed by the House, before Senate and later House amendments, repeals education code sections on teacher professional development, a behavior interventionist pilot program, use of school buildings as child care facilities, and the High School Graduation Improvement Act.
Mar 14, 2026 · Failed 47–49 · with most RepublicansOfficial record ↗
Establishing Troops-to-Teachers Program
Apr 12, 2025 · Passed 59–39 · with most RepublicansOfficial record ↗
Relating to requirements for WVU and WVSU Board of Governors
On the version voted Apr 12, 2025: Expands West Virginia University's Board of Governors to 15 governor-appointed members, including WVU Tech and Potomac State graduates, specifies that elected faculty, student and staff board members serve as nonvoting advisers, and requires an agriculture or forestry member on the WVU and West Virginia State University boards.
Mar 31, 2025 · Passed 62–35 · with most RepublicansOfficial record ↗
Most contested
Relating to vaccine requirements
As passed by the Senate, adds religious and philosophical exemptions to school and child care vaccine requirements, lets a doctor's, physician assistant's or nurse practitioner's note grant medical exemptions without state review, bars excluding exempt children from extracurriculars or school events, and allows lawsuits.
Mar 21, 2025 · Passed 51–44 · with most RepublicansOfficial record ↗
Relating to the assessment of interest on overpayments by the Bureau for Medical Services
Charges interest on overpayments owed back to state Medicaid programs, at the state's court judgment interest rate, starting 31 days after an overpayment is finalized, with the interest kept by the fund that made the payment.
Mar 31, 2025 · Passed 56–42 · with most RepublicansOfficial record ↗
On the version voted Mar 13, 2026: Creates the Vape Safety Act, requiring a state license ($1,200 annual fee) for vape or smoke shops. Sets applicant qualifications, requires shops to be at least 300 feet from churches, schools and daycares, regulates signs and sales, and sets criminal and administrative penalties.
Feb 27, 2026 · Failed 29–61 · with most RepublicansOfficial record ↗
Most contested
Relating to indexing of license and stamp fees
Removes the January 1, 2021 cutoff on indexing hunting and fishing license and stamp fees, so the Natural Resources director may keep proposing rule increases tied to the Consumer Price Index, rounded down to the nearest dollar.
Mar 4, 2026 · Passed 61–32 · against most RepublicansOfficial record ↗
To create a new hunting license stamp for upland game birds
Feb 20, 2026 · Passed 64–32 · against most RepublicansOfficial record ↗
Relating generally to Underground Facilities Damage prevention
Revises the underground utility damage prevention law, including definitions and Underground Facilities Damage Prevention Board enforcement. Lets operators and excavators agree in writing to extend the 48-hour response time after a one-call notification.
Feb 17, 2026 · Passed 51–43 · with most RepublicansOfficial record ↗
Most contested
Relating generally to traffic safety
Apr 12, 2025 · Passed 74–18 · with most RepublicansOfficial record ↗
On the version voted Apr 10, 2025: Allows a person operating a motorcycle, motor-driven cycle or moped to ride standing astride the vehicle with both feet on the footpegs or pedals, facing forward, instead of only sitting on the seat.
Mar 19, 2025 · Passed 80–17 · with most RepublicansOfficial record ↗
Modifying priority of insurance coverage for drivers of certain vehicles provided by entities
Changes which insurance pays first for vehicles supplied by dealers, repair shops and rental or leasing companies. A driver's own coverage is primary for a permitted replacement vehicle with no separate charge; an employee's coverage is secondary when driving for work.
Mar 11, 2026 · Passed 77–16 · with most RepublicansOfficial record ↗
Most contested
Camping ban on certain public property.
Mar 3, 2026 · Passed 62–32 · with most RepublicansOfficial record ↗
Relating to duties of licensees under the West Virginia Real Estate License Act
Mar 4, 2026 · Passed 80–10 · with most RepublicansOfficial record ↗
Feb 6, 2026 · Passed 84–8 · with most RepublicansOfficial record ↗
Most contested
Mar 21, 2025 · Passed 91–5 · with most RepublicansOfficial record ↗
Apr 2, 2025 · Passed 95–5 · with most RepublicansOfficial record ↗
Relating to the Consumer Data Protection Act
Mar 26, 2025 · Passed 94–1 · with most RepublicansOfficial record ↗
Most contested
Establishing Troops-to-Teachers Program
Apr 12, 2025 · Passed 59–39 · with most RepublicansOfficial record ↗
Relating to creating a State Advisory Council on Establishing a Military College
Apr 12, 2025 · Passed 94–2 · with most RepublicansOfficial record ↗
Relating to including the United States Space Force in the definition armed forces
Feb 24, 2025 · Passed 97–1 · with most RepublicansOfficial record ↗
Voted against most of their party on 33 of 224 party-divided votes on file.
Most often on: Jobs & cost of living (8), Climate & energy (7), Health & care (6)
Clarifying Commissioner of Agriculture's authority to regulate bees
What it does: As introduced, makes the Agriculture Commissioner the sole regulator of beekeeping and apiaries, overriding local rules, and requires clear and convincing evidence of damage for lawsuits against nearby farm operations.
Voted no · most Republicans voted yes · Democrats 1–8, Republicans 65–20
Mar 14, 2026Official record ↗
Relating to annexation by minor boundary adjustment
What it does: As introduced, removes the limit allowing a city only one annexation by minor boundary adjustment every two years, keeping the existing caps on how much a single adjustment can expand the city.
Voted no · most Republicans voted yes · Democrats 0–9, Republicans 68–17
Mar 13, 2026Official record ↗
Relating to changing the allocation of proceeds in the Medical Cannabis Program Fund.
What it does: On the version voted Mar 14, 2026: Directs $5 million of the medical cannabis fund to a court child protection pilot and $5 million to homelessness services in June 2026, sends the rest to general revenue, then splits…
Voted no · most Republicans voted yes · Democrats 2–6, Republicans 45–40
Mar 4, 2026Official record ↗
Relating to indexing of license and stamp fees
What it does: Removes the January 1, 2021 cutoff on indexing hunting and fishing license and stamp fees, so the Natural Resources director may keep proposing rule increases tied to the Consumer Price Index, rounded down to the near…
Voted no · most Republicans voted yes · Democrats 0–8, Republicans 61–24
Mar 4, 2026Official record ↗
Creating the Vape Safety Act
What it does: On the version voted Mar 13, 2026: Creates the Vape Safety Act, requiring a state license ($1,200 annual fee) for vape or smoke shops. Sets applicant qualifications, requires shops to be at least 300 feet from churche…
Voted yes · most Republicans voted no · Democrats 6–2, Republicans 20–65
Feb 27, 2026Official record ↗
The votes in their chamber that came out closest and most divided by party, among those they voted on. How we rank
Modifying parole eligibility for crime of second degree murder and voluntary manslaughter
With most of their party · Failed 45–47 · Yes 45–No 47 · Democrats 9–0, Republicans 36–47
Mar 6, 2026Official record ↗
With most of their party · Passed 48–46 · Yes 48–No 46 · Democrats 0–9, Republicans 48–37
Feb 10, 2026Official record ↗
Repealing obsolete and outdated sections of the Education code.
With most of their party · Failed 47–49 · Yes 47–No 49 · Democrats 9–0, Republicans 38–49
Mar 14, 2026Official record ↗
Relating to vaccine requirements
With most of their party · Passed 51–44 · Yes 51–No 44 · Democrats 0–9, Republicans 51–35
Mar 21, 2025Official record ↗
Exempting certain employees from the classified civil service system
With most of their party · Passed 51–38 · Yes 51–No 38 · Democrats 0–9, Republicans 51–29
Mar 4, 2026Official record ↗
Relating to the assessment of interest on overpayments by the Bureau for Medical Services
With most of their party · Passed 56–42 · Yes 56–No 42 · Democrats 0–9, Republicans 56–33
Mar 31, 2025Official record ↗
With most of their party · Passed 58–42 · Yes 58–No 42 · Democrats 0–9, Republicans 58–33
Apr 2, 2025Official record ↗
Establishing Troops-to-Teachers Program
With most of their party · Passed 59–39 · Yes 59–No 39 · Democrats 0–9, Republicans 59–30
Apr 12, 2025Official record ↗
Substantive votes concern legislation or nominations; procedural votes concern how the chamber considers them. A Yes vote applies to the motion shown, which may not be final passage.
Motion: Constitutional Rule Suspended
Amends the 2026 budget's State Department of Education appropriations, funded from the unappropriated General Revenue surplus; the amended list includes $8,000,000 for a Hancock County Board of Education financial stability loan program.
Motion: Effective from passage
Amends the 2026 budget's State Department of Education appropriations, funded from the unappropriated General Revenue surplus; the amended list includes $8,000,000 for a Hancock County Board of Education financial stability loan program.
Motion: Motion for previous question adopted
Motion: House concurred in Senate amendment with amendment
Lets people aged 18 to 20 who are U.S. citizens or legal residents and not prohibited from possessing firearms carry a concealed deadly weapon without a license; repeals the offense of carrying without a license for those under 21.
Motion: House concurred in Senate amend with amend, passed bill
Motion: Passed House
Allows teachers with at least 15 years' experience at the elementary, middle or high school level to be certified as principals at that level after completing a year-long Department of Education program in school administration, beginning July 1, 2026.
Motion: Passed House
Makes it lawful to prescribe, distribute and market a drug containing psilocybin, including crystalline polymorph psilocybin compositions, if the FDA approves it and the DEA reschedules it, despite its Schedule I listing.
Motion: Passed House
Repeals the annual reporting requirement for the West Virginia Research Trust Fund by removing §18B-18A-12 from the Code.
Motion: Passed House
As introduced, makes the Agriculture Commissioner the sole regulator of beekeeping and apiaries, overriding local rules, and requires clear and convincing evidence of damage for lawsuits against nearby farm operations.
Motion: Passed House
Showing 10 of 740 votes in this collection. Coverage may be incomplete; each entry links to the official record.