Almost 700 people who early voted in Mingo County, W.Va., used incorrect ballots. (Lori Kersey | West Virginia Watch)
The American Civil Liberties Union of West Virginia has filed a legal action over a candidate being left off of the ballot for a portion of early voting in Mingo County. The agency filed a writ of mandamus Tuesday in Mingo County Circuit Court.
The filing, on behalf of Mingo County resident James Williamson against Mingo County Clerk Larry Croaff and the clerk’s office, seeks to get them to “conduct the election of a candidate for West Virginia’s 6th Senate District in accordance with their clear and established legal duty.”
Jeff Disibbio, the Democrat candidate for the state Senate’s 6th district race, was left off the county’s ballot beginning Wednesday, Oct. 23, when early voting started, until Monday, Oct. 28, when the mistake was corrected. The ballot instead listed Randy Fowler, who won the Democratic primary but was disqualified from running in the general election due to failure to file campaign finance reports. Approximately 700 people voted with incorrect ballots during that time.
Croaff told West Virginia Watch that people who voted early could cast a provisional ballot if the error affected the way they voted, but the Secretary of State’s Office said that there’s no statutory procedure for the board of canvassers to count provisional ballots for voters who voted in person early. Under the circumstances, provisional ballots can’t be counted if an early voter’s ballot was not challenged, Donald Kersey, chief of staff for the secretary of state’s office, told West Virginia Watch.
Kersey said the Secretary of State’s Office said it was investigating the ballot mistake.
In a written statement Tuesday, ACLU-WV staff attorney Nick Ward said the mess-up isn’t a partisan issue but one of ballot integrity.
“Now more than ever we need to ensure that our elections are fair and that everyone’s vote is counted, regardless of who they vote for or how likely that candidate is to win,” Ward said. “That right is fundamental to our democracy.
“Races have been decided on far fewer than 700 votes,” Ward said. “In a democracy, the voters choose their leaders, not the other way around. That’s why we’re asking the court to order that the Mingo County clerk do whatever it takes to make this right, and make sure every eligible West Virginian in their community can meaningfully exercise their right to vote.”
Croaff did not immediately return a phone call seeking comment when the legal action was filed — around 5 p.m. on Election Day, Tuesday, Nov. 5.
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