West Virginia

WV: Can’t Change Your Stripes, At Least Not For 60 Days

Election Law Society · December 15, 2016 ·

By: Brooke Hannah

Everyone knows that anxious feeling that starts to creep in as an upcoming deadline gets closer and closer. Everyone also knows the dread and panic that takes over upon realizing a deadline has passed. If you are fortunate, maybe someone will be willing to provide an extension. Or perhaps there is an alternative way to obtain your goal. Unfortunately for Erik Patrick Wells (“Wells”), the Supreme Court of Appeals of West Virginia did not provide him the relief he had hoped for after he sought an alternative way to obtain candidacy after missing a deadline.

West Virginia Considers New Redistricting Procedures, Including a Citizens Redistricting Commission

Election Law Society · March 4, 2016 ·

By: Stephanie Wilmes

During the most recent session of the West Virginia legislature, state lawmakers introduced two new bills, House Bill 2129 and House Joint Resolution 21, that would change the way the state draws its district lines. Currently, the West Virginia Constitution requires only that Congressional districts be contiguous, compact, and of equal population; that state Senate districts be “compact, formed of contiguous territory, bounded by county lines, and, as nearly as practicable, equal in population;” and that the arrangement of the districts “shall… be declared by law.”

West Virginia Moves to Nonpartisan Judicial Elections in 2016

Election Law Society · November 2, 2015 ·

By: Stephanie Wilmes

As of 2013, thirteen states used nonpartisan judicial elections to select their state Supreme Court justice, and eighteen states used nonpartisan elections to select trial court judges at all levels. On March 25, 2015, West Virginia joined their number when Governor Earl Ray Tomblin signed HB 2010 into law.

Rejection of West Virginia congressional map creates more questions than answers

Election Law Society · January 30, 2012 ·

by Chris Lewis

On Jan. 4, the U.S. District Court for the Southern District of West Virginia rejected the state’s new congressional map, the second state to have its map thrown out by the courts this redistricting cycle (Texas’ map was rejected in November). The 2-1 opinion from the U.S. District Court for the Southern District declared the maps unconstitutional due to population variance between the districts, a violation of the “one man, one vote” principle that has been in effect since the 1960’s. While it is commendable that the judges had this tenet in mind when crafting its decision, they deserve scrutiny for a result that will likely have little real impact outside of headaches for state officials and confusion for voters.

Unlike its counterpart in the Lone Star State, West Virginia’s map was passed without much acrimony, overwhelmingly approved by votes of 27-4 in the State Senate and 90-5 in the House of Delegates. Though Democrats control both houses, just three Republicans voted against the new map, a stark contrast to other states that have seen redistricting turn into bitter partisan battles. The legislature made just one change, shifting Mason County from the 2^nd District (represented by Republican Shelley Moore Capito) to the 3^rd District (represented by Democrat Nick Rahall). The change represented about a one percent change in party affiliation in both districts. [Read more…] about Rejection of West Virginia congressional map creates more questions than answers

Sending out an SOS: The National Association of Secretaries of State Summer Conference

Election Law Society · September 14, 2011 ·

The National Association of Secretaries of State (NASS) held its annual summer conference in Daniels, WV from July 10-13 this past summer. Much of the conference was geared toward preparation for the 2012 Election cycle. A number of prominent speakers, including a number of state secretaries of state, “federal officials, private sector representatives, voter advocacy organizations and leading academics” voiced their views.

Sec. Kris Kobach, the controversial Secretary of State of Kansas who has become a lightning rod of criticism and praise over the past summer for his efforts in leading the charge against alleged voter fraud (see a 2009 Times profile about then-candidate Kobach here), discussed his state’s Secure and Fair Elections Act as part of his presentation on citizenship requirements for voter registration. He noted that his state’s law was drafted to “withstand judicial scrutiny” taking into account challenges to a similar law passed in Arizona (which Kobach also had a hand in drafting). Secretary Kobach defended laws like this, saying “we all want security in the knowledge that an election was fair… [a]nd that the winner of the election was the person who really won the race”.

Host Secretary Nathalie Tennant also spoke about elections, focusing on the use of technology in communicating with voters. She stressed the importance of using social media outlets such as Facebook, Twitter, and Skype to make sure voters know valuable information about upcoming elections. The use of such media might help to increase voter participation, she reasoned, as they are the “type of tools people are using to communicate.” Tennant’s office recently launched a campaign to educate and inform voters of West Virginia’s upcoming special election for Governor and the necessary steps to register and vote. The media campaign coincides with the beginning of the NCAA football season and compares the two activities (voting and football, that is), calling both “American traditions.” [Read more…] about Sending out an SOS: The National Association of Secretaries of State Summer Conference