“The governor does not have the discretion” to fill a vacancy in the 19th Delegate District by selecting from a list of candidates supplied by the state Republican Party, argues Wayne County Republican Executive Committee Chairman Jeff Maynard. Such an appointment would “usurp the statutory rights of the Wayne County Republican Executive Committee members of the 19th Delegate District as well as their constituents.”
Maynard insists that Gov. Jim Justice is obligated to fill the vacancy with one of three names presented to him by the Wayne County GOP Executive Committee.
“The state committee has no authority under the law to inject a veto or control the process,” says attorney John Bryan, who is representing Maynard.
“Why doesn’t the state party just go ahead and substitute themselves in for individual voters in general?” Bryan asks, sarcastically. “They know best, right? The voters don’t understand what’s best for the party. It’s about the big picture.”
The vacancy was created by the departure of Delegate Derrick Evans after the brouhaha resulting from his participation in events January 6 at the U.S. Capitol. Oral arguments before the state Supreme Court were February 9, the day before the opening of the new legislative session. On January 28, the court ordered a stay on any legislative activities by Joshua Booth, the candidate appointed by Justice to fill Evans’ seat.
“Basically, the state Republican party has usurped the powers and authority of the Wayne County Republican voters by attempting to take away their authority to choose a list of three qualified candidates to present to the governor,” Bryan contends.
“Instead, the new acting chairman of the West Virginia Republican Executive Committee took over the process, and created a new list,” he explains. “This disenfranchises the Republican voters of the 19th Delegate District in Wayne County.
“The law is clear, however, and places this power solely on the Wayne County Republican committee members – all duly elected by voters in their precinct.”
If you’re tired of big shots usurping your rights, you’d better speak up.