Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court denied the writ of mandamus sought by Petitioner, Chair of the Wayne County Republican Executive Committee, compelling James C. Justice, II, Governor of West Virginia, to select Derrick Evans' replacement replacement from a list of three candidates, holding that Petitioner failed to show a clear legal right to the relief sought.This request for extraordinary relief stemmed from the resignation of Evans, a Republican, from his elected position as a member of the House of Delegates from the Nineteenth Delegate District. Petitioner sought to writ of mandamus compelling Governor Justice to select Evans' replacement from a list of candidates submitted by the executive committee members of Wayne County residing in the Nineteenth delegate district. The Supreme Court denied the writ, holding that the county letter was the result of a process that did not comply with the provisions of W. Va. Code 3-10-5. View "State ex rel. Maynard v. Justice" on Justia Law

The Supreme Court affirmed in part and reversed in part the order of the circuit court that reversed in part an order declaring the results for a town council election entered by the Harpers Ferry Election Contest Tribunal following an election contest trial, holding that the circuit court properly concluded that four provisional ballots cast in the 2019 Harpers Ferry municipal election should be counted but erred in affirming the Tribunal's decision that Nancy Singleton Case lacked standing to participate in the election contest.The circuit court concluded that the Tribunal erred by concluding that four provision ballots cast during the 2019 municipal election should not be counted. Petitioners appealed, arguing that the circuit court erred in substituting its view of the evidence to find that the four provisional ballots should have been counted. Respondents cross-assigned error to the circuit court's decision that the Tribunal did not err in concluding that Case lacked standing to participate in the election contest. The Supreme Court reversed in part, holding that the circuit court erred by affirming the Tribunal's finding that Case lacked standing to participate in the election contest. View "Johnson v. Case" on Justia Law

The Supreme Court denied the writ sought by Petitioners requesting the issuance of a writ of mandamus directing Respondent, the West Virginia Secretary of State, to list Donald Blankenship as a candidate for the United States Senate on the general election ballot as the nominee of the Constitution Party of West Virginia, holding that there was no legal right in Petitioners to the relief sought and no legal duty on the part of Respondent to do the thing which Petitioners sought to compel.Specifically, the Court held (1) W. Va. Code 3-5-23(a) prohibits unsuccessful primary candidates from running as nomination-certificate candidates in the general election; (2) the ballot access restriction in section 3-5-23(a) is constitutional; and (3) because Blankenship unsuccessfully ran in the 2018 Republican primary election, he was now prohibited from gaining access to the 2018 general election ballot for the same office by means of a nomination-certificate candidacy. View "State ex rel. Blankenship v. Warner" on Justia Law

Petitioner Erik Patrick Wells, a registered Democrat, filed a “Candidate’s Certificate of Announcement for 2016 Partisan Elections” but left blank his party affiliation. Petitioner indicated on a subsequently filed “Minor Party or Independent Candidate Nomination Petition” that he was running for the office of Kanawha County Clerk as an “independent.” Respondent, the State of West Virginia, filed an amended petition for writ of quo warranto. The circuit court granted Respondent’s petition and disallowed Petitioner’s candidacy in the November 8, 2016 general election. The circuit court found that, as a registered member of the Democratic Party, Petitioner’s candidacy was governed by the provisions of W. Va. Code 3-5-7 and that Petitioner had failed to comply with its requirements, thus disqualifying him as a candidate for the office of county clerk. The Supreme Court affirmed, holding (1) section 3-5-7 applies to any person who seeks to hold an office or political party position to be filled by primary or general election; and (2) the circuit court properly granted the petition for writ of quo warranto because Petitioner failed to comply with the requirements of the statute. View "Wells v. State ex rel. Miller" on Justia Law

Petitioner was a Justice of the Supreme Court of Appeals of West Virginia and a candidate seeking re-election to the Court. Petitioner began his election campaign as a “traditional candidate” - a candidate financed by contributions from supporters - but subsequently decided to enter the West Virginia Supreme Court of Appeals Public Campaign Financing Program (the Act) and became a “participating candidate” under the Act. The West Virginia State Elections Commission certified Petitioner’s campaign for public funding under the Act. Respondent, a traditional candidate seeking election to the Court, appealed the Commission’s decision. The circuit court ruled in favor of Respondent, concluding that the Commission’s certification of Petitioner was clearly erroneous and violated Petitioner’s constitutional rights to free speech and substantive due process. The Supreme Court reversed the judgment of the circuit court and reinstated the decision of the Commission, holding that the Commission correctly concluded that Petitioner satisfied all statutory requirements to be certified for public funding under the Act. View "Benjamin v. Walker" on Justia Law

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

The Judicial Investigation Commission (JIC) requested the Supreme Court to issue a writ of mandamus against the Putnam County Board of Ballot Commissioners (Board) to remove Troy Sexton from the May 2016 ballot as a candidate for the office of magistrate in Putnam County. The JIC based is request upon its determination that Sexton had been convicted of a "misdemeanor involving moral turpitude". The Supreme Court granted the requested writ of mandamus and directed the Board to remove Sexton as a magisterial candidate from the election ballot, holding that Sexton’s misdemeanor conviction of reporting a false emergency constituted a conviction of a “misdemeanor involving moral turpitude” such that he was not qualified to serve as a magistrate pursuant to the requirements for that office set forth in W. Va. Code 50-1-4. View "State ex rel. Judicial Investigation Comm’n v. Board of Ballot Comm’rs" on Justia Law

Petitioners, chair of the state Democratic Executive Committee and the members of the state Democratic Executive Committee for the Ninth Senatorial District, requested the issuance of a writ of mandamus against Respondents, the Governor and members of the state Republic Executive Committee for the Ninth Senatorial District, seeking to compel the Governor to fill a vacancy in the West Virginia Senate from a list of three candidates to be selected by Petitioners. The Supreme Court issued a rule to show cause and ordered Respondents to show cause why a writ of mandamus should not be awarded as requested by Petitioners. After an oral hearing, the Supreme Court denied the requested writ, holding that the vacancy is to be filled from a list of three candidates to be selected by the Republic Executive Committee for the Ninth Senatorial District based upon the outgoing senator’s most recent affiliation with the Republican Party. View "State ex rel. Biafore v. Tomblin" on Justia Law

On August 5, 2014, the Mingo County Democratic Executive Committee nominated a candidate to fill a vacancy created by the former Family Court Judge for the Eighth Family Circuit. The Mingo County Commission was requested to place the candidate on the ballot for the general election scheduled for November 4, 2014. Seeking compliance with the state’s election laws, the Secretary of State ordered the Ballot Commissioners of Mingo County to remove from the 2014 general election ballot any and all references to an election to fill an unexpired term of judge for the Eighth Family Court Circuit. The Ballot Commissioners did not respond, and the Secretary of State sought extraordinary relief from the Supreme Court. The Supreme Court granted the requested writ of mandamus, holding that the Ballot Commissioners lacked the authority to sua sponte place a candidate for a judicial office on the ballot. View "State ex rel. Tennant v. Ballot Comm’rs of Mingo County" on Justia Law

Petitioner and his political party leader filed a post-election mandamus action seeking the removal of Anthony Veltri, who had been elected and sworn into office as a county commissioner, on the grounds that Veltri did not reside in the proper district, and accordingly, was not eligible for election. The circuit court granted summary judgment to Petitioner and issued a writ of mandamus removing Veltri from his post. The court then seated Petitioner in Veltri's stead as county commissioner. The Supreme Court reversed, holding that the issuance of the writ of mandamus was improper, as mandamus was not a proper proceeding by which to challenge the election results, Petitioner was unable to show a clear legal right to the relief sought, and another adequate post-election remedy was available to Petitioner. View "Veltri v. Parker" on Justia Law