CHARLESTON – A former Wayne County candidate says it was “improper and illegal” how the county Republican Executive Committee appointed a replacement for a vacant House of Delegate seat.
Jason Stephens, a Republican, filed a motion to intervene February 5 in the state Supreme Court case that is scheduled to be heard February 9, a day before the legislative session begins.
“The Wayne County Executive Committee, under the direction of Jeff Maynard, violated state law and precedent when conducting the process to replace the vacated seat in the 19th District,” Stephens said in a statement. “There are laws in the state code that are there for fair and equitable representation from the citizens, and Mr. Maynard did not follow those laws.
Gov. Jim Justice
“As a result, the citizens of Wayne County have been denied a voice. As the remaining winner of the most recent Republican primary election, I feel compelled to represent those citizens and ensure their voices and interests are heard.
““I would hope the governor will then appoint the only person that the citizens of Wayne County actually voted for.”
In Maynards’s February 4 reply to the state GOP in his petition before the state Supreme Court, he says Gov. Jim Justice is mandated to fill the vacancy in the 19th House of Delegates District with one of the three names presented to him in a January 14 letter from Maynard and the Wayne County GOP Executive Committee.
Justice, however, chose to pick a name from a second list submitted to him January 21 by the state Republican Party, which maintains the first list was invalid because the state party wasn’t involved in the process.
Stephens said the entire process is messed up, calling it a “charade.”
“The Wayne County Committee and Mr. Maynard have falsely portrayed this scenario that the state party misappropriated its authority,” Stephens said in a statement. “It is my opinion the state party realized Mr. Maynard had violated the law in conducting the first selection and then tried to correct the matter.
“Unfortunately it was discovered that two of the four members of the selection committee appointed by Mr. Maynard were ineligible so even the second meeting did not meet the requirements.”
Stephens contends Maynard violated the state Open Meetings Act and that two of the four members of the “committee” were not eligible voters in the 19th District.
“Mr. Maynard intentionally and knowingly circumvented the open meetings process,” the motion to intervene states. “Mr. Maynard was advised to seek counsel regarding the open meetings process, but did not do so.”
Stephens’ request to intervene, or at least file an amicus brief, is the latest in the saga that began January 6 when former Delegate Derrick Evans took part in the events at the U.S. Capitol.
Stephens lost to Evans, a Republican, and Ric Griffith, a Democrat, in last fall’s election for the two-member district.
But Evans resigned January 9 after being charged for illegally entering the U.S. Capitol three days earlier.
On January 14, the Wayne County Republican Executive Committee sent a list of three potential candidates to Justice’s office. That list included Mark Ross, Chad Shaffer and Jay Marcum. A week later, the state GOP conducted interviews at the Wayne County Courthouse and submitted a second list to Justice’s office. That list included Ross, Shaffer and Joshua Booth. Justice appointed Booth to the seat.
In his latest filing, Maynard says Justice and the state GOP are confused about how legislative appointments work.
“The governor does not have the discretion to choose from a second and subsequent list of qualified candidates, which would usurp the statutory rights of the Wayne County Republican Executive Committee members of the 19th Delegate District as well as their constituents,” the reply states. “Despite the decision of the governor to make an appointment from the list submitted to him on January 21, 2021, such appointment is invalid. Since the Delegate District 19 members provided their list of three qualified candidates to the governor with 15 days of the vacancy, no appointment of a third party can be made …
Maynard is asking the court to force Justice to follow West Virginia law in choosing between the three qualified candidates presented to him by the Wayne County Republican Executive Committee to fill the House of Delegates vacancy left by Evans.
Oral arguments are scheduled for February 9, which is the day before the 60-day legislative session begins. In its January 28 order, the court also ordered a stay on any legislative activities by Booth, who was appointed January 27 by Justice to fill the seat vacated by Evans. Evans resigned after he was charged with taking part in U.S. Capitol event.
Justice is being represented by Solicitor General Lindsey See, Deputy AG Curtis Capehart, Chief Deputy AG Douglas P. Bluffington II and Assistant Solicitor General Virginia M. Payne. The GOP is being represented by J. Zak Ritchie and Andrew C. Robey of Hissam Forman Donovan Ritchie in Charleston. Stephens is being represented by Hoyt Glazer and Abe Saad of Glazer Saad Anderson LC in Huntington.
West Virginia Supreme Court of Appeals case number 21-0051