West Virginia House Republicans on Wednesday, Jan. 8, 2025, voted to vacate the seat of Joseph de Soto, a delegate-elect accused last month of threatening to harm and kill lawmakers. (Perry Bennett | West Virginia Legislative Photography)
House Republicans on Wednesday voted to vacate the seat of Joseph de Soto, a delegate-elect accused last month of threatening to harm and kill lawmakers.
The decision will face a legal challenge from the state Democratic Party, who say Republicans didn’t follow the proper legal procedure for removing the controversial delegate-elect. De Soto was elected in November as a Republican then switched to the Democratic party hours before his arrest. The change had led Democrats to believe they should get to fill the vacant seat if he didn’t serve.
The Republicans did not expel de Soto, who is in home confinement in Berkeley County after being released from jail following the alleged threats. He was not at the Capitol for a swearing in ceremony though his name was called during a roll call.
Instead, House Republicans adopted a resolution in which they “vehemently [condemned] any menace, acts violence or terroristic threats directed at any of its members.”
It said that, due to de Soto’s home confinement and protective orders that ban him from speaking with delegates that he threatened, he failed to take the oath of office and “is not reasonably expected to do so at any point in the future.”
“The Constitution clearly says, ‘shall take the vote of office.’ The only place to do that is here, in this body, in this chamber,” said House Majority Leader Pat Mcgeehan, R-Hancock, ahead of the vote “Now, accidentally, if you can’t be here on this day, that’s different than the essence of never being able to be here. He clearly is not qualified.”
The adopted resolution will allow the GOP-majority to retain control of de Soto’s seat in the 91st district.
Democrats argued that Constitutional rules dictated that the House first expel de Soto.
“That would be the proper motion here today, under our rules, under the Constitution, would be to expel the member for his acts,” said Del. Shawn Fluharty, D-Ohio. “It is improper on its face, and we’re just screwing this up.”
An expulsion would have given the seat to the Democrats due to de Soto’s party switch; the governor would have appointed the replacement from a list provided by party leaders. There are just nine Democrats in the House after November election results.
“I’m not able to get into whether he’s a Democrat or Republican. Hey, look, I can count, guys. Doesn’t really make a damn difference if we add one more up here or not,” Fluharty continued. “Quite frankly, I don’t care … I want to make sure we do this correctly.”
Fluharty, an attorney, also said that forfeiting the seat would require that de Soto refused to take the oath. He asked if de Soto could have been given the chance to take the oath of office.
“You can ask the prison,” McGeehan responded.
De Soto and his attorney did not return requests for comments for this story, including if de Soto was given the opportunity to take the oath.
De Soto defeated incumbent Don Forsht, R-Berkeley, last May to win the primary. There was no Democratic candidate in the November general election, but he faced competition from a Constitution Party candidate.
Ahead of the threats, House Republicans had raised concerns to de Soto in a closed door meeting about whether he was truthful about his military career or if he was actually a physician. DragLine, a publication from the American Civil Liberties Union of West Virginia, detailed the inaccuracies in de Soto’s statements in an article that was published earlier this year.
According to a criminal complaint, de Soto said that the private meeting had upset him and that “God called him to kill them.” He listed several lawmakers, including House Speaker Roger Hanshaw.
The complaint said that an email sent by de Soto on Dec. 10 said, “They play stupid games, they are getting stupid awards … I have only begun … and won’t stop. I had a vision to destroy them from the angel of Moroni.”
State Democratic Party Chair Mike Pushkin said the party plans to file an injunction in response to Republicans’ handling of de Soto’s seat.
House and Senate formally elect leaders
The regular 60-day session will begin Feb. 12.
House and Senate members spent the rest of Wednesday on procedural matters that included formally electing their respective leaders.
Senators confirmed that Randy Smith, R-Tucker, will serve as Senate President. Smith, a former coal miner, has served as chairman of the Senate Energy, Industry and Mining Committee. He replaced Craig Blair, who lost his primary election in May. Sen. Mike Woelfel, D-Cabell, will continue serving as Senate Minority Leader; there are two Democrats in the Senate.
Hanshaw, R-Clay, was reelected as House Speaker. He has held the position since 2018 and did not have a challenger.
Hanshaw told members he was anxious to work with Republican Gov.-elect Patrick Morisey, a Republican, in improving the state’s poor health outcomes and reversing the tide of population decline, particularly among college graduates.
“The future ahead of us is bright. I for one will always be optimistic about the state of West Virginia,” Hanshaw told fellow members after being reelected. “The opportunity for us to create the kind of state where it’s easier to choose West Virginia as a place to work, live and raise your family is right before us.”
Del. Sean Hornbuckle, D-Cabell, will continue to serve as House Minority Leader.
Jeff Pack, recent state foster care leader and former Republican lawmaker, was elected to serve as House Clerk. Pack replaces Steve Harrsion, who announced his retirement after serving in the position for 10 years.
GET THE MORNING HEADLINES.