By STEVEN ALLEN ADAMS
Staff Reporter
CHARLESTON – A legal fight is brewing over whether to appoint a Republican or a Democrat to the West Virginia House of Delegates seat previously held by Joseph de Soto after the former delegate-elect switched parties prior to facing felony charges for threatening fellow lawmakers.
The West Virginia Democratic Party announced Wednesday that it has filed a writ of mandamus with the state Supreme Court of Appeals seeking the high court to require Gov. Patrick Morrisey to select a replacement for de Soto from three names submitted by the Berkeley County Democratic Executive Committee following a vote on Jan. 8 by the House to consider de Soto’s 91st District seat forfeited.
“This is not just about one seat,” said Del. Mike Pushkin, D-Kanawha, chairman of the West Virginia Democratic Party. “This is about defending the rule of law and ensuring that the people of District 91 have their rightful representation in the House of Delegates. The actions taken by the House of Delegates undermine the integrity of our democratic process.”
The mandamus lawsuit – which names House Speaker Roger Hanshaw, R-Clay, and Morrisey – is requesting that the Supreme Court require the House of Delegates to either seat de Soto as lawfully elected delegate for the 91st District and administer the oath of office as soon as de Soto is able to appear in the House Chamber as required by the state Constitution, or require Morrisey to accept the three placement recommendations for de Soto as submitted by the Berkeley County Democratic Executive Committee.
The lawsuit can be found at:
“We urge the Governor to do the right thing, uphold the law, and appoint one of the nominees submitted by the Berkeley County Democratic Executive Committee,” Pushkin said.
A request for comment from Hanshaw and Morrisey was not returned.
The Berkeley County Democratic Executive Committee submitted the following names to Morrisey to succeed de Soto: Hedgesville residents David Michaels and Stephen Willingham, and Timothy Lee of Inwood.
During last week’s one-day organization session of the Legislature, the House adopted House Resolution 4, declaring that de Soto’s 91st District seat vacant after de Soto was unable to travel to Charleston to take his oath due to being placed on home confinement following felony charges of making terroristic threats to lawmakers in December.
De Soto was arrested on Dec. 12 after a West Virginia State Police investigation into threats made by de Soto to another person regarding several lawmakers stemming from a closed-door meeting of the House Republican caucus on Dec. 8, where members agreed to move forward with expulsion of de Soto over allegedly false claims about his military service. De Soto was placed on home confinement after posting a $150,000 bond. A Berkeley County magistrate also submitted de Soto’s case to a grand jury.
The state Constitution requires legislators to take their oath of office within the House Chamber: something de Soto is unable to do due to being on home confinement and with two protective orders from House members barring de Soto from the State Capitol Building until 10 days following the conclusion of the 2025 regular legislative session, which ends on Saturday, April 12.
De Soto was elected in November as a Republican, but records from the Secretary of State’s Office show that de Soto switched to a registered Democrat on Dec. 11 one day before his arrest. State Code 3-10-5 requires legislative vacancies to be filled by the governor from a list of three qualified individuals submitted by a political party executive committee of the same party of the office holder.
However, HR 4 makes the case that since de Soto was never seated as a member, never sworn in, and with his seat being considered forfeited, that means the seat remains a Republican seat, with the Berkeley County Republican Executive Committee being able to submit three names to Morrisey to succeed de Soto.
Matt Herridge, chairman of the West Virginia Republican Party, confirmed Wednesday that the Berkeley County Republican Executive Committee was concluding its legislative vacancy nomination process for the 91st District this week and will submit its three nominees to the Governor’s Office soon. Herridge said the state party supports HR 4.
“On this matter, we agree with the logic, precedent, and remedy detailed in HR 4, introduced by Speaker Hanshaw and adopted by the house last week,” Herridge said.
Steven Allen Adams can be reached at sadams@newsandsentinel.com
