The West Virginia House of Delegates chamber. (Perry Bennett | West Virginia Legislative Photography)
The West Virginia Supreme Court has ruled against state Democrats in one of their challenges over a seat in the House of Delegates. In an order issued Thursday, the court dismissed one of the two lawsuits the party filed against Gov. Patrick Morrisey after he filled the seat of Joseph de Soto.
De Soto won the election last year in the 91st district as a Republican, but registered as a Democrat shortly before he was arrested for allegedly threatening to kill House Speaker Roger Hanshaw and several other delegates.
Morrisey appointed Ian Masters, an attorney and gun rights activist, to fill the seat for the 91st district, which represents a part of Berkeley County.
Del. Mike Pushkin, chair of the state Democratic Party, and Berkeley County resident Jill Michaels filed the lawsuit against Morrisey.
They argued that House Republicans, who voted to vacate de Soto’s seat, didn’t follow the proper constitutional procedure and that there was legal precedent that the seat should go to Democrats due to de Soto’s party switch. They asked the Supreme Court to weigh in on the issue, naming Morrisey in the filing.
In the order Thursday, the court said the Democrats failed to give a 30-day notice of suit that is required by lawsuit of those who file suit against a government agency.
“The petitioners failed to satisfy the thirty-day notice requirement pursuant to West Virginia Code § 55-17-3(a)(1) because the petition at issue is against a governmental agency and does not fall within an exception to the thirty-day pre-suit notice requirement,” the order says. “With limited exception, West Virginia Code § 55-17-3(a)(1) requires at least thirty days’ notice prior to instituting an action against a governmental agency.”
The lawsuit the court addressed Thursday named only Morrisey. Another lawsuit is pending. The remaining lawsuit listed Morrisey and House of Delegates Speaker Roger Hanshaw. An attorney for Hanshaw filed a notice of automatic stay, which delays lawsuits against lawmakers during a regular or special session, according to reporting by the Parkersburg News and Sentinel.
Sen. Joey Garcia, D-Marion, introduced legislation to clarify how vacancies are filled when someone is elected under one party and then switches parties.
“I’ve seen a lot of tomfoolery played with people switching parties,” Garcia told West Virginia MetroNews. “And I don’t think that’s right. When the people decide, the people decide.”
The senate is expected to vote on Senate Bill 586 next week.
In a statement Thursday, Pushkin, D-Kanawha, said the party is waiting on official correspondence about the ruling from the Supreme Court before it decides on next steps but said the court “had every ability and responsibility to expedite this case to clarify for the people of West Virginia how our citizen Legislature should be composed.”
“Today’s announcement, that we have yet to actually see, is just another political hurdle,” the statement said. “The citizens of South Berkeley and West Virginia deserve better than this.”
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