Associated Press, Author at West Virginia Public Broadcasting

AP Decision Notes: What to expect in West Virginia’s primaries

Republican Gov. Jim Justice, who’s running for Senate, is just one of a handful of high flyers in West Virginia who decided it was time for a change of pace.

A former billionaire who owns the Greenbrier Resort, Justice is ineligible to run for reelection in West Virginia due to term limits. So, Justice set his sights on Washington, where Democratic Sen. Joe Manchin was facing his toughest race yet in a state that former President Donald Trump last won by about 40 points.

Justice, a former Democrat, switched to the Republican Party in 2017, making the announcement at a Trump rally in Huntington, West Virginia.

Instead of attempting to run for another term, Manchin decided to pass, adding another open seat to the map in which the Republican nominee will be the heavy favorite in the fall.

In the race for the GOP nomination for Senate, Justice is the front-runner. His top competitor is Rep. Alex Mooney, though five other Republicans are running as well.

Don Blankenship, who was convicted of violating safety standards after 29 people died in a 2010 coal mine explosion, is running for the Senate as a Democrat, even though he ran as a Republican in the 2018 Senate race. Blankenship faces Wheeling Mayor Glenn Elliott, who has Manchin’s endorsement, and Marine Corps veteran Zach Shrewsbury, who has support from the Progressive Democrats of America.

Attorney General Patrick Morrisey, the Republican nominee in the 2018 Senate race against Manchin, is running for governor, as are the sons of two members of West Virginia’s congressional delegation: car dealer Chris Miller, whose mother is Rep. Carol Miller, and former state Rep. Moore Capito, whose mother is Sen. Shelley Moore Capito and whose grandfather is the late Gov. Arch A. Moore Jr..

West Virginia Secretary of State Mac Warner is running for governor, as well. Two lesser-known candidates — Kevin Christian and Mitch Roberts — will also appear on the GOP ballot. On the Democratic side, Huntington Mayor Steve Williams is unopposed.

Mooney’s pursuit of the open Senate seat means he’s leaving a Republican-leaning district open, prompting a competitive primary for his U.S. House seat. State Treasurer Riley Moore won early endorsements from then-House Speaker Kevin McCarthy and from Mooney himself. Speaker Mike Johnson has also endorsed Moore. Moore is one of five Republicans running to replace Mooney, though retired Air Force Brigadier General Chris “Mookie” Walker is the only one who has come close to keeping pace with Moore on fundraising.

In the 1st District, Derrick Evans, a former member of the House of Delegates who served a three-month sentence after livestreaming himself participating in the Jan. 6, 2021, storming of the U.S. Capitol, is running against incumbent Carol Miller.

The least competitive races of the bunch might be the presidential primaries, which Trump and President Joe Biden are expected to win easily.

Here’s a look at what to expect on Tuesday.

Primary Day

West Virginia’s primary election will be held Tuesday. Polls close at 7:30 p.m. ET.

What’s On The Ballot

The Associated Press will provide coverage for 61 races, including the presidential primary. Four candidates, including former U.N. Ambassador Nikki Haley, join Trump on the Republican presidential ballot. On the Democratic ballot, Biden’s name appears along with four others. There is no “uncommitted” or write-in option on the presidential ballot.

In addition to the open seats for governor, U.S. Senate race, and the 2nd Congressional District, West Virginia is holding primaries for multiple statewide offices, including secretary of state, state auditor, state treasurer, commissioner of agriculture, and attorney general.

Who Gets To Vote

Registered Democrats may only vote in the Democratic primary, and registered Republicans may only vote in the Republican primary. Independent or unaffiliated voters may participate in either primary. Voters who registered with a party that is not officially recognized by the state may also vote in either primary.

Delegate Allocation Rules

West Virginia’s 20 pledged Democratic delegates are allocated according to the national party’s standard rules. Four at-large delegates are allocated in proportion to the statewide vote, as are three PLEO delegates, or “party leaders and elected officials.” The state’s two congressional districts have a combined 13 delegates at stake, which are allocated in proportion to the vote results in each district. Candidates must receive at least 15% of the statewide vote to qualify for any statewide delegates, and 15% of the vote in a congressional district to qualify for delegates in that district.

There are 32 delegates at stake in the Republican presidential primary, all of which will go to the winner.

Decision Notes

Justice, a popular governor who was endorsed by Manchin in 2016 before Justice’s party switch led to a falling out between the pair, is favored to win the Republican nomination for the Senate. To have a shot at beating him, Mooney would probably have to rack up high numbers in his own 2nd congressional district.

The governor’s race, meanwhile, has become a messy messaging war as the candidates vie for the state’s conservative base, with Morrisey having spent most on the race as of the latest filing deadline, followed by Capito and Miller. All four of the top candidates have some sort of statewide appeal, since two currently hold statewide office and the others have famous last names.

Capito had represented Kanawha County for about seven years when he resigned in December to focus on his campaign for governor, and may be able to count on a small pocket of votes in the Charleston-based county.

On the Democratic side, Elliott’s endorsement from Manchin, a longtime fixture in West Virginia politics, could help boost him in the primary. Blankenship, meanwhile, has spent more than $100,000 on broadcast campaign ads, including a slate of ads in which he speaks directly to the camera, arguing that independents should vote for him. And Shrewsbury, who is running as the most progressive candidate with a working-class focus, has been the top spender in the race.

The AP does not make projections and will declare a winner only when it’s determined there is no scenario that would allow the trailing candidates to close the gap. If a race has not been called, the AP will continue to cover any newsworthy developments, such as candidate concessions or declarations of victory. In doing so, the AP will make clear that it has not yet declared a winner and explain why.

What Do Turnout And Advance Vote Look Like?

As of March 31, there were 1,172,783 registered voters in West Virginia. Of those, 31% were Democrats and 40% were Republicans.

In the 2020 primaries, turnout was 15% of registered voters in the Democratic primary and 17% on the Republican side.

As of May 9, a total of 55,358 ballots had been cast before Election Day.

How Long Does Vote Counting Usually Take?

In the 2022 election, the AP first reported results at about 7:40 p.m. ET, or 10 minutes after polls closed. The election night tabulation ended at about 11:20 p.m. ET with about 87% of total votes counted.

Wheeling University President Suspended With Pay, No Reason Given

The Wheeling University Board of Trustees announced in an email Tuesday that President Ginny Favede was relieved of all duties, news outlets reported. The statement gave no reason for the suspension and a school spokesperson told The Intelligencer Wheeling News Register that further details about it would not immediately be released.

A private West Virginia university that has struggled financially said it has suspended its president with pay.

Favede became the school’s 13th president when she was named to the position in 2019 amid financial difficulties. In 2021, the school was put on probation after the Higher Learning Commission determined it “does not have sufficient fiscal resources to support is operation,” noting it relies heavily on subsidies from the Diocese of Wheeling-Charleston. The probation was lifted last year, but the organization said it would continue to monitor the school due to concerns about finances, staffing and enrollment.

The university said graduate education director Dianna Vargo was named interim chief operations officer and will work with the Board of Trustees to develop a plan to move forward without disruption.

Probe Of Illegal Drugs Delivered By Drone At W.Va. Prison Nets 11 Arrests

Eleven suspects have been arrested in an investigation into illegal drugs allegedly delivered by drones into a federal prison in southern West Virginia. Another man under investigation who fled officers was later found dead, authorities said.

McDowell County Sheriff James Muncy said his office was contacted in November by officials at the medium-security Federal Correctional Institution, McDowell in Welch to help with increased drone use in the area. In December, the sheriff’s office started receiving multiple tips about drone deliveries.

Muncy said in a statement Friday that the arrests were made from mid-December through early February. The charges included introduction or attempts to introduce contraband into a correctional facility, possession with intent to deliver a controlled substance, unlawfully operating a drone, terroristic acts and felony conspiracy.

Muncy didn’t say what drugs were allegedly flown into the facility or whether any of those arrested are inmates there.

A Louisville, Kentucky, man wanted on an outstanding warrant in the investigation fled officers on foot Feb. 9. Members of the sheriff’s office found him dead on Feb. 15. The statement didn’t indicate where he was found, and his body was sent to the state medical examiner for an autopsy.

One of the arrested suspects is a juvenile, Muncy said. In addition, two suspects were charged with assault and battery on an officer and fleeing on foot. Another suspect in the case was charged with being a fugitive from Pennsylvania.

Most of the suspects remained held Monday at the Southwestern Regional Jail in Holden. Jail records didn’t indicate whether they have attorneys who could comment on the charges.

Manchin Announces He Won’t Run For President In 2024

West Virginia Sen. Joe Manchin said Friday that he is not running for president, according to his spokesman Jon Kott.

Manchin announced his decision in a speech at West Virginia University.

The centrist Democrat who often bucked his party’s leadership had been considering a run for the presidency and had said he thought it would be clear by March if there was a path for a third-party candidate this year.

Manchin is not running for reelection in 2024. His Senate seat in a heavily Republican state is expected to be a prime pickup opportunity for the GOP.

Inmate Dies After He Was Found Unresponsive At Scrutinized West Virginia Jail

Correctional officers at Southern Regional Jail found the 24-year-old man unresponsive in his cell and attempted life-saving measures, according to a Division of Corrections and Rehabilitation statement. He was then taken to a local hospital where he was pronounced dead, WCHS reported.

An inmate at a West Virginia jail scrutinized in lawsuits citing inmate deaths and alleging poor living conditions was pronounced dead Friday morning, officials said.

Authorities did not immediately provide further details or reveal the deceased inmate’s identity. The state Department of Corrections and Rehabilitation Criminal Investigation Division and the West Virginia State Police have opened an investigation into the death.

Several former correctional officers with Southern Regional Jail were indicted last month by a federal grand jury in connection with the 2022 death of an incarcerated man who was beaten while handcuffed and restrained in an interview room and later a jail cell. They were also charged with trying to cover up their actions, according to the U.S. Department of Justice.

The indictments came weeks after two West Virginia corrections officers pleaded guilty to a felony conspiracy charge stemming from the fatal beating of the same inmate, 37-year-old Quantez Burks. Burks was a pretrial detainee who died less than a day after he was booked into the Southern Regional Jail.

The state of West Virginia also agreed this year to pay $4 million to settle a class-action lawsuit filed by inmates who described conditions at the jail as inhumane. The lawsuit filed last year on behalf of current and former inmates described a lack of access to water and food at the facility, as well as overcrowding and fights that were allowed to continue until someone was injured.

NCAA Athletes Who’ve Transferred Multiple Times Can Play Through Spring Semester, Judge Rules

College athletes who have transferred multiple times but were denied the chance to compete immediately can play through the remainder of the academic year, a federal judge ruled Monday.

U.S. District Judge John Preston Bailey in West Virginia made the ruling on a motion filed Friday by the NCAA and a coalition of states suing the organization. Preston extended a temporary restraining order he had issued last Wednesday barring the NCAA from enforcing its transfer rule for 14 days.

The earlier ruling had opened a small window for multiple-transfer athletes to compete. But that window was extended by Monday’s decision, which converts the restraining order into a preliminary injunction. Bailey also canceled a previously scheduled Dec. 27 hearing and said the case would be set for trial no sooner than the last day of competition in the winter and spring sports seasons.

“This is a great day for student athletes — they will finally be able to compete in the sport they love,” West Virginia Attorney General Patrick Morrisey said in a statement. “It’s the right thing to do and I couldn’t be more pleased with the outcome.”

Friday’s motion came after the NCAA had circulated a document to its member schools clarifying that the redshirt rule for athletes would still apply if the court’s restraining order was reversed: Basketball players who compete even in one game would be using up a season of eligibility.

Several multiple-transfer men’s basketball players competed in games over the weekend, including West Virginia’s Noah Farrakhan, Cincinnati’s Jamille Reynolds and UT Arlington’s Phillip Russell.

The lawsuit, which alleges the NCAA transfer rule’s waiver process violates federal antitrust law, could have a profound impact on college sports if successful. In court documents, the NCAA has said the plaintiffs “seek to remake collegiate athletics and replace it with a system of perpetual and unchecked free agency.

NCAA rules allow underclassmen to transfer once without having to sit out a year. But an additional transfer as an undergraduate generally requires the NCAA to grant a waiver allowing the athlete to compete immediately. Without it, the athlete would have to sit out for a year at the new school.

Last January, the NCAA implemented stricter guidelines for granting those waivers on a case-by-case basis.

“I hope this is the beginning of real change within the NCAA,” Morrisey said. “We have to put the well-being of student athletes — physical, mental, academic and emotional — first. The NCAA needs to enact consistent, logical and defensible rules that are fair and equitable for everyone.”

The states involved in the lawsuit are Colorado, Illinois, New York, North Carolina, Ohio, Tennessee and West Virginia.