Wooten v. Walker

Petitioner was a candidate seeking election to the Supreme Court of Appeals of West Virginia and was a “participating candidate” under the west Virginia Supreme Court of Appeals Public Campaign Financing Program. In his application to the West Virginia State Elections Commission to be certified to receive public financing, Petitioner timely filed his final report and all required substantive information but filed his sworn statement one day late. The Commission certified Petitioner’s campaign for public financing. Respondent, a non-participating candidate seeking election to the Court, challenged Petitioner’s certification. The circuit court concluded that the Commissioner’s certification of Petitioner for public financing of his candidacy under West Virginia Code 3-12-1 was not valid. The Supreme Court reversed, holding that the Commission has discretion to certify a participating candidate for public financing notwithstanding the candidate’s failure to meet the time deadlines set forth in the West Virginia Code of State Rules where the candidate has substantially complied with all requirements set forth in the Act and the Rules and where there is no showing of prejudice. View "Wooten v. Walker" on Justia Law