CHARLESTON – A Huntington man has filed a petition claiming the state Republican Party nomination process for presidential electors violates state code.
In the petition, Joshua C. Keck says the flawed process “threatens to compromise the integrity of the electoral system and infringes upon the rights of all voters in West Virginia to vote for lawful electors.”
“Through this complaint, petitioner aims to uphold the sanctity of the electoral process, safeguard the rights of voters and ensure adherence to legal and procedural requirements governing the nomination of presidential electors,” Keck wrote in his pro se petition filed April 12 against Matt Herridge, chairman of the West Virginia Republican State Executive Committee, and Secretary of State Mac Warner, the state’s top election official.
Keck
| Courtesy photo
According to the complaint, Keck says he directly affected by the nomination process of Republican presidential electors “as it ultimately impacts the integrity and fairness of the electoral system in which he participates” as a resident and registered voter.
“Petitioner brings this action to enforce the rights of the public to participate in a lawful and transparent election process,” wrote Keck, who is a member of the Cabell Democratic Executive Committee. “As a voter who has the right to affiliate with the Republican Party or to cast a vote for the Republican Party's nominee in the November general election, petitioner is directly harmed if unlawfully nominated presidential electors are placed on the ballot.”
States appoints electors based on rules provided by their legislative bodies. West Virginia Code provides rules for political parties to follow regarding the process, saying electors shall be nominated by the delegated representatives of the party assembled at a state convention to be held during June, July or August of the presidential election year.
Keck says the WVRSEC’s 2024 Republican National Convention delegate and alternate interest packet that first was posted online in October 2023 and again in March 2024 with new Chairman Herridge’s signature, explains the process for becoming a national convention delegate, which is scheduled to be decided May 18 at the WVRSEC summer meeting.
“At issue here is that this interest packet also prescribes a procedure for nominating presidential electors that contradicts the procedure outlined in (state code),” Keck wrote, later quoting the WVRSEC packet. “At the same meeting of the West Virginia Republican State Executive Committee in which delegates and alternate delegates are elected, the state chairman will present to the state Executive Committee a slate of four presidential electors from the Republican Party, which will be nominated by the Steering Committee. The Executive Committee will ratify the nominations at this meeting. …
“Once a candidate for president and vice president is nominated by the 2024 Republican National Convention, a certificate of nomination will be signed by the Permanent Chairman and Permanent Secretary of the Republican National Convention. That certificate of nomination will be given to each state party. The West Virginia Republican Party shall then file such certificate of nomination along with a letter naming the four Republican presidential electors who will serve in the Electoral College when the Republican nominee wins the State of West Virginia.”
Keck says the WVRSEC bylaws last amended August 26 were intended to authorize the approach written in the Interest Packet. And he says the bylaws adopted February 8, 2020, make no mention of presidential electors, so he says he believes that is a recent development passed at a June 20, 2020, WVRSEC meeting.
“This timing coincides with the height of the COVID-19 pandemic, suggesting that the adoption of this bylaw amendment may have been influenced by the unique challenges posed by the public health crisis,” Keck wrote. “However, it is crucial to note that since the passing of this bylaw amendment, the COVID-19 pandemic has officially ended, with public health restrictions lifted and normalcy restored to a significant extent.
“Consequently, any purported justification for the adoption of this bylaw amendment in response to pandemic-related concerns is rendered moot.”
Keck also mentions a fake elector scheme perpetrated by people associated with Donald Trump’s 2020 campaign that “sent shockwaves through the electoral landscape, casting a spotlight on what was once considered a routine procedural process.”
“This egregious attempt to manipulate the nomination of presidential electors underscores the critical need for heightened scrutiny and vigilance in safeguarding the integrity of the electoral system,” Keck wrote. “Given these disturbing developments, the adherence to statutory mandates, such as (West Virginia Code) governing the nomination of presidential electors, takes on renewed importance. Ensuring strict compliance with the statutory framework is not merely a matter of procedural formality but a fundamental safeguard against nefarious attempts to undermine the democratic process. …
“Any attempt by external entities, including political parties or administrative bodies, to usurp or circumvent this constitutional prerogative represents a fundamental affront to the principles of self-governance and democratic integrity upon which our republic was established.”
Keck says Warner, a Republican, has failed to assertively address the WVRSEC departure from statutory mandates.
“This failure carries significant ramifications for the electoral process's integrity,” Keck wrote. “Without decisive intervention by this court, there is a risk of setting a precedent wherein political entities can circumvent legal requirements with impunity.”
Donald Kersey, chief of staff for Warner’s office, told The West Virginia Record the office doesn’t comment on the substance of ongoing litigation, but he did say the office often is named as a necessary party in election law litigation.
“Here, there are no allegations of any wrongdoing by the office, and we have no position on the merits of the matter at this time,” Kersey told The Record.
Keck seeks a declaratory judgment stating the WVRSEC bylaws regarding the nomination process for presidential electors are unlawful, a preliminary injunction requiring Herridge to initiate county conventions and a statewide convention for the nomination of presidential electors in accordance with state code, and a Writ of Mandamus requiring Warner to reject the certification of any unlawfully nominated presidential electors.
The matter has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 24-P-168
