CHARLESTON – The West Virginia Supreme Court will hear oral arguments in a former Kanawha County lawmaker’s appeal as he tries to run as an independent for county clerk.
On Aug. 30, the Justices set arguments for Sept. 7 in Erik Wells’ appeal of a ruling earlier this month by Kanawha Circuit Judge Charles King, who issued an order Aug. 18 saying the petition process Wells used isn’t meant for people affiliated with a political party.
"I'm pleased that the Supreme Court has decided to have oral arguments and hear the merits of the case," Wells said Aug. 31. "There are several candidates (in other counties) who are in similar situations and face the possibility of being denied ballot access.
"At the end of this, we will have at least a clearer understanding of the process which is helpful to everyone."
Wells is a registered Democrat, but he didn’t note that on his petition to run as an independent. Wells says he decided to seek the position currently held by Vera McCormick, a Republican, after news reports showed that hundreds of voters in the 35th district have been voting in the wrong district for the past four years. That was after the May primary and the deadline for the Kanawha County Democratic Executive Committee to fill the spot on the ballot.
Pat Maroney, Wells’ attorney, has argued that Wells’ 1st and 14th Amendment rights are being violated. Kanawha County Prosecuting Attorney Charles Miller calls Wells’ effort as an nothing more than a “statutory scheme” and says it is “too little, too late.”
“Now, Erik Wells, a registered Democrat, seeks to render the statutory scheme regarding nominations and primaries irrelevant by seeking inclusion on the general election ballot as an Independent,” Miller wrote in a reply brief to the Supreme Court. “To permit one who is affiliated with a major party to ignore the requirements of the West Virginia Code regarding the nomination and primary process for major party candidates and run as an Independent simply because he feels like it would render the primary process meaningless.”
In his appeal, Wells also says the nearly 1,000 voters who signed a petition to get him on the ballot are being denied their rights.
Miller also has said Wells’ appearance on the ballot could lead to confusion and election fraud. He gave the example of one major party setting up an independent candidate to siphon votes away from the candidate of the other major party.
In his brief with the Supreme Court, Miler notes that when Wells filed to run as an independent, he didn’t say he is a member of the Democratic Party, which is asked on the form.
“As for the petitioner’s excuse that he was, in essence, given permission to break the law by the Deputy clerk who accepted the incomplete form, no individual — not the clerk, not the Governor, and not the President of the United States — can give anyone permission not to follow the law,” Miller said in the response. “We are all required to follow the law and its dictates when it comes to living our own lives, including filing for political office.
“The bank teller can’t give the robber permission to take money from the bank. The store clerk can’t give permission for one to walk out the doors without paying at Kroger. And a deputy clerk can’t give permission for a prospective candidate to fail to comply with the mandatory statutory directives for completing the certificate.”
West Virginia Supreme Court of Appeals case number 16-0779 (Kanawha Circuit Court case number 16-P-364)
