CHARLESTON – The West Virginia Democratic Party has filed a petition with the West Virginia Supreme Court of Appeals regarding a vacant House of Delegates seat from the Eastern Panhandle.
The Democratic Party says it is “seeking to ensure that the state’s constitution and laws are followed in filling the vacancy in House of Delegates District 91 seat won by Joseph de Soto” in the November general election.
On January 8, the House passed a resolution that the Democrats say improperly vacated de Soto’s seat and referred the vacancy to the Berkeley County Republican Executive Committee. De Soto was elected as a Republican, but he switched his party affiliation to Democrat the same week he was arrested last month and charged with making threats of terrorist acts to several delegates. He currently is on home confident and is listed as a pre-trial felon.
de Soto
| File photo
House Speaker Roger Hanshaw (R-Clay) introduced House Resolution 4 to declare de Soto’s seat vacant, which would allow a new representative to be selected before the start of the regular session on February 12. The Republicans, who hold a 90-9 advantage over Democrats in the House right now, say de Soto’s switch to the Democratic Party doesn’t matter because he never officially was seated.
“This is not just about one seat,” Democratic Party Chairman Mike Pushkin said. “This is about defending the rule of law and ensuring that the people of District 91 have their rightful representation in the House of Delegates. The actions taken by the House of Delegates undermine the integrity of our democratic process.”
The Democratic Party says that resolution directly conflicts with West Virginia Code §§ 3-10-5(a) and 6-5-1, which stipulate that a vacancy in the House of Delegates must be filled by appointment from a list of three nominees submitted by the party executive committee of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time the vacancy occurred.
“At the time the House declared the 91st District seat vacant, Delegate de Soto was registered as a Democrat,” Pushkin said. “Therefore, under West Virginia law, the vacancy must be filled by appointment from a list of nominees submitted by the Berkeley County Democratic Executive Committee.”
Pushkin, who also is a delegate, says House Resolution 4’s referral of the vacancy to the Berkeley County Republican Executive Committee is blatantly unlawful.
Thus, the Berkeley County Democratic Executive Committee has submitted the following list of nominees to Gov. Patrick Morrisey for consideration. They are David Michaels and Stephen Willingham of Hedgesville and Timothy Lee of Inwood.
“It’s imperative that the law and the constitution be followed in this matter,” said Tammy Offutt, chairwoman of the Berkeley County Democratic Executive Committee. “We expect the Governor to respect the clear requirements of West Virginia law by appointing one of the three above-named individuals to fill the 91st Delegate District seat.”
The Democrats say state code clearly states that a vacancy “shall be filled by appointment by the Governor, from a list of three legally qualified persons submitted by the party executive committee of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time the vacancy occurred.”
Pushkin agreed.
“We urge the Governor to do the right thing, uphold the law, and appoint one of the nominees submitted by the Berkeley County Democratic Executive Committee,” Pushkin said.