HUNTINGTON — Two former candidates are suing the Cabell County Commission arguing that the residence statute for local politicians is discriminatory.
The Cabell County Commission; former Cabell County Commission Clerk Phyllis Smith; current Cabell County Commission Clerk Scott Caserta; and Cabell County Commission Assistant Clerk Samantha McCollins were all named as defendants in each suit.
Jan Hite King and Kim Maynard filed lawsuits in Cabell Circuit Court that were removed to U.S. District Court of the Southern District of West Virginia claiming the defendants deprived them of their constitutional rights when they wanted to run for a commission vacancy last year.
When King and Maynard attempted to file for the vacancy for District 1 last year, the commissioners ruled that neither lived in the district — with King residing in District 2 and Maynard in District 3, according to the suits.
The plaintiffs claim when they went to the courthouse to file to run for Nancy Cartmill's seat, they were told by Smith's office that they lived in the wrong districts.
Records in the West Virginia Secretary of State Office showed that the plaintiffs' voter's information listed them as a resident of Magisterial District 1, making them eligible and qualified to run for Nancy's seat.
The plaintiffs were later denied the ability to run for Cartmill's seat. They were also never refunded their filing fees for the 2022 election, according to the suits.
King and Maynard are seeking compensatory and punitive damages. They are represented by Michael T. Clifford of Charleston.
The defendants filed an answer to the plaintiffs' complaints, denying the allegations.
"Defendants raise and preserve the defenses of qualified immunity and any other immunity available to these Defendants pursuant to the United States Constitution, the United States Code, the West Virginia State Constitution, and the West Virginia Code," the Feb. 22 answer states.
The defendants argue they are immune to the claims against them and that they did not engage in any wrongdoing. They contend they breached no duty at law owed to or right of the plaintiffs and that any misrepresentations about eligibility and prerequisites for candidacy do not create any legal rights.
The defendants are represented by Wendy E. Greve and Benjamin B. Vanston of Pullin, Fowler, Flanagan, Brown & Poe in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 3:23-cv-00129, 3:23-cv-00130
