Dave Mistich, Author at West Virginia Public Broadcasting

West Virginia Statehouse Dems Rally For Voting Rights In D.C., Meet With Sen. Manchin

Updated Wednesday, Aug. 4, 2021 at 3:30 p.m.

A group of Democrats from West Virginia’s statehouse were in the nation’s capital Tuesday to support federal legislation that would reinforce voting rights and overhaul various aspects of elections.

The rally in support of the For The People Act — also known as S.1. — comes as Republican-led states across the U.S. have passed measures that critics say will disproportionately disenfranchise low-income voters and people of color.

A small contingent of West Virginia lawmakers — including Dels. Mike Pushkin, D-Kanawha, Cody Thompson, D-Randolph, and Kayla Young, D-Kanawha — joined 150 legislators from 30 states Tuesday to rally in support of the For The People Act.

The issue most recently came into national focus as Democrats from the Texas House of Representatives fled their home state to break quorum, effectively stopping the passage of another bill that would roll back voting rights there.

Earlier versions of the For The People Act have stalled in Congress for months, with the Democratic majority struggling to gain needed support from Senate Democrats.

According to a description of the For the People Act — written by the original House version’s original sponsor, the legislation aims to “expand Americans’ access to the ballot box, reduce the influence of big money in politics, strengthen ethics rules for public servants and implement other anti-corruption measures for the purpose of fortifying our democracy, and for other purposes.”

That version, which made its way to the Senate following passage in the House on a 220-210 vote, would have eliminated voter ID laws and created a public campaign financing system for congressional elections, among many other provisions.

During Tuesday’s rally, Pushkin noted that U.S. Sen. Joe Manchin has proposed a compromise version of the bill.

“Sen. Manchin was not just our former governor, he served as our Secretary of State as well, “ Pushkin said while speaking to the crowd gathered near the U.S. Capitol. “So as the former chief election officer for the state of West Virginia, he understands the historic nature of this issue that brings us here today: the importance of free and fair elections.”

Manchin’s compromise reportedly includes provisions that would make Election Day a federal holiday, provide automatic voter registration through the DMV, call for voter ID to be instituted with a wide range of documents used, mandate 15 consecutive days for early voting in federal elections and ban partisan gerrymandering.

Like with many issues, Manchin has remained committed to working across the aisle with Republicans on the For The People Act.

“The bedrock of our democracy is open, fair and secure elections. Americans must be able to trust in our election process and believe in a peaceful transfer of power,” Manchin said in a statement provided to West Virginia Public Broadcasting. “To protect our election process and in order to keep from dividing our country further, we must find a bipartisan compromise on voting legislation. I continue to work with my colleagues, both Democrats and Republicans, to find a reasonable solution to the voting issues our nation is facing today.”

Citing the bill’s continued drafting in the Senate Rules Committee, Manchin’s office was unable to provide the text of the West Virginia lawmaker’s counteroffer. That committee is chaired by Sen. Amy Klobuchar, D-Minn., who also took part in Tuesday’s rally in D.C.

Following the rally, Pushkin, Thompson and Young were able to have an impromptu meeting with Manchin on the steps of the capitol building.

While attention to issues related to voting rights have been spurred on by state-level changes made in Republican-led legislators, the chances of federal overhauls remain in question.

The measure would need 60 votes to clear the upper chamber — and Manchin has repeatedly stated he opposes bypassing the filibuster to pass this or any other piece of legislation.

Pushkin said Manchin told their group that he’s continuing to try to get bipartisan support for his version of the bill — and Manchin’s office declined to say which Republicans might already be on board with his proposal or whom he is targeting for support to get to 60 votes.

“I think it’s important in any compromise that both sides get some things they want but maybe not everything. It’s always important to seek common ground. However, there is nothing more important in democracy than protecting the right to vote,” Pushkin said by phone Tuesday. “I think Manchin’s efforts in trying to be bipartisan are commendable, but I think it’s more important that we get a bill passed.”

Sen. Shelley Moore Capito, R-W.Va., took to the Senate floor in June to call the version of the measure passed by the U.S. House a “partisan power grab.”

On Tuesday, Capito’s office said she believes there are “enormous problems” with Manchin’s proposed compromise to the For The People Act.

“I want every eligible West Virginian to exercise their right to vote, find the process easy and accessible, and ensure their vote is counted, however, the so-called ‘For The People Act’ is merely a partisan power grab that includes all kinds of unrelated, harmful provisions on the liberal wish list,” Capito said.

Capito also said the bill would remove the authority of states to run elections as they see fit to best serve their unique constituencies.

“Bottom line, states don’t need Washington, D.C. to strip them of their authority and impose burdensome requirements to fix problems that do not exist,” she said. “Unfortunately, that’s exactly what this legislation would do, and it’s why the ‘For The People Act’ doesn’t live up to its name.”

Discussion over the issue continues to permeate across Washington as the Senate continues its work on another piece of legislation to overhaul the nation’s infrastructure.

While advocates push for traction on the For The People Act, it’s unknown if any progress will be made on the bill before the Senate heads out on a delayed recess.

Gov. Justice Holding Off On Reinstating Mask Mandate As CDC Guidance Shifts

Despite growing concerns about the highly infectious coronavirus delta variant, West Virginia Gov. Jim Justice said Monday he is not yet going to reinstate a mask mandate. However, in lieu of such a measure, Justice and his health advisers are urging high-risk individuals to wear masks in public and continue to ask all residents to get vaccinated.

That decision follows a study that showed that even those who are vaccinated can catch and spread the delta variant.

Given those findings, the Centers for Disease Control and Prevention recently changed course and is now recommending that everyone wear a face mask in indoor public places in any community where there is “substantial” or “high” transmission of COVID-19 — regardless of vaccination status.

The CDC defines a “high transmission” rate as 100 or more new cases per 100,000 residents in the past week and “substantial transmission” as 50 to 99.99 new cases per 100,000 residents in the past week.

According to the CDC’s COVID Data Tracker, at least 60 percent of the counties in the U.S. fall in those two categories of worrisome spread.

Many states and localities across the nation are reinstating mask mandates — including 12 of 17 counties in Nevada, two counties in California, New Orleans and Kansas City.

In West Virginia, 38 of the state’s 55 counties have substantial or high transmission of the virus, according to the CDC’s tracking system — which differs from a map developed and used by the West Virginia Department of Health and Human Resources to guide the state’s response to the pandemic.

At a virtual news briefing Monday, Justice said reinstating a mask mandate would be “fragmenting our population like we can’t imagine” — alluding to the lingering politicization of the pandemic across the U.S.

“We absolutely do not need to do that today. But, absolutely always, it should be on the table — should it not? We have got to continue to monitor,” Justice said. “The medical experts will come to me and they will give me recommendations — and they have not recommended we do that.”

He added that much-anticipated events like the West Virginia State Fair and college football games are just around the corner and that he hopes residents can enjoy those gatherings.

“All of us want to continue — do we not — to try to live our life with a level of normalcy,” Justice said.

The governor and his advisers cited data that indicates the effectiveness of vaccines as a reason for their continued push to get shots in arms, as well as holding off on a mask mandate.

State Coronavirus Czar Dr. Clay Marsh reiterated that vaccines are the best defense to protect people from serious illness or death from COVID-19, including the delta variant.

“In the United States, we know that the average [number of] people who are fully vaccinated [are] going to the hospital, going to the ICU or dying — are less than .1 percent — .01 percent, as I read the CDC data that just came out recently,” Marsh said.

Given that information, Justice continued Monday in making a push for more residents to get their shots so things can return to normal.

“What are you waiting on?” Justice asked West Virginians who have yet to get innoculated. “If we get vaccinated, we will absolutely be able to do exactly that.”

According to the DHHR’s Monday update, only seven counties are in the “red” and “orange” — the two colors that indicate the highest levels of spread in the state public health agency’s five-color system.

On Monday, State health officials reported 665 new cases of the coronavirus since the governor’s last briefing, which was held Thursday.

The DHHR currently reports 100 total cases of the delta variant statewide. During Monday’s briefing, Justice said the highly transmissible variant has been found in 29 West Virginia counties, and is most prevalent in Berkeley County.

DHHR Sec. Bill Crouch said Monday that data on variant sequencing may be lagging and not showing the current spread of delta — a strain first detected in India earlier this year that’s now the most common variant nationwide.

“The fact that we have 100 right now means we probably have 1,000 — we probably have 2,000 — we don’t know what the numbers are in the general population,” Crouch said. “What we know is what we’ve sequenced from those individuals [who’ve been positive]. ”

In total, the DHHR reports 167,681 cases of the virus since the pandemic began. Of those cases, 2,480 are considered active.

Officials report 772,988 residents have been fully vaccinated, and 869,921 — or 48.5 percent of the state’s population — have received at least one dose.

Federal Judge Denies W.Va. AG’s Motion To Block Tax Provision In American Rescue Plan

A federal judge in Alabama has denied a motion brought by West Virginia and 12 other states to block enforcement of a piece of the American Rescue Plan that prevents states from using federal relief dollars to backfill revenue losses from tax cuts.

West Virginia Attorney General Patrick Morrisey and attorneys general from other states argued that the provision violates the Spending Clause and the 10th Amendment to the U.S. Constitution, which gives states the right to control taxes.

Embedded in the American Rescue Plan is a provision that makes clear that states cannot use the federal relief dollars “to either directly or indirectly offset a reduction in the net tax revenue.” Morrisey and others argue that the language found in the bill prevents states from cutting taxes.

In a Wednesday court filing, U.S. District Judge L. Scott Coogler says the states do have standing to bring the case, but they failed to show that the court could provide relief that would address the harm they would suffer in the absence of an injunction.

Despite being denied the injunction, Morrisey expressed optimism that the provision would later be overturned. He cited another case brought forth by the state of Ohio that challenged the constitutionality of the tax provision in the American Rescue Plan.

“This is the first step of many, and it’s similar to what happened in Ohio, where that state lost on the preliminary injunction and won the base case on the merits,” Morrisey said. “We’re hopeful we will win on the district court level, and if not, then we’ll appeal the case.

“We are correct on the merits: the federal government cannot coerce a state into forfeiting one of its core constitutional functions in exchange for a large amount of money,” he added.

Earlier this year, the West Virginia House of Delegates shot down a proposal backed by Gov. Jim Justice that would have phased out the state’s income tax, but also would have raised other taxes.

Upon passage of the American Rescue Plan, Justice took aim at U.S. Sen. Joe Manchin, saying Manchin added that provision to block his plan to eliminate state income taxes.

Biden To Nominate Former West Virginia Health Officer As Drug Czar

President Joe Biden is expected to nominate a former West Virginia health official as the nation’s top official on drug control policy.

The White House is expected to make official Tuesday afternoon the nomination of Dr. Rahul Gupta as director of the White House Office of National Drug Control Policy.

Gupta currently serves as the top health official at the March of Dimes, an organization focused on maternal and infant wellness. Before that, he served as West Virginia’s commissioner of public health and the state’s health officer from 2014 to 2017.

During Gupta’s tenure in West Virginia, the state suffered some of the worst effects of the opioid crisis.

Democratic U.S. Sen. Joe Manchin of West Virginia praised Gupta’s experience in his field and said his nomination “means someone with firsthand knowledge of the opioid crisis, especially in West Virginia, will be coordinating the national fight against the drug epidemic that continues to ravage our nation.”

Manchin noted that West Virginia has continued to lead the country in drug overdose rates for over 20 years.

“Dr. Gupta will bring over a decade of extensive experience combating the drug epidemic to ONDCP – the office charged with addressing the drug epidemic that has killed over 90,000 Americans just last year,” Manchin said.

Throughout the coronavirus pandemic, Gupta has warned of its effect on addiction and substance use disorders, citing a shift away from in-person care.

During a briefing on the state’s response to the pandemic, Gov. Jim Justice confirmed news of Gupta’s appointment.

In a statement, Justice said Gupta has “led the way” in the state’s battle against the opioid crisis.

“Under his leadership, our state had turned a corner in that fight,” Justice said. “There’s still much more work to do, especially with the additional challenges brought on in the past year by the COVID-19 pandemic, but I believe that there is no one better-suited to this important job than someone who represented a state and a people where this crisis really hits close to home.”

Leaders of the West Virginia Senate also congratulated Gupta on the nomination.

“This is outstanding news for West Virginia, and for the entire country,” said Senate President Craig Blair, R-Berkeley. “Dr. Gupta is a world-class advocate for public health. His leadership was critical in West Virginia’s fight against the opioid epidemic, and his guidance was critical as we developed new policies to protect and support our families who experience substance abuse disorder. I look forward to the great things our country will accomplish in this fight under his leadership.”

The West Virginia Senate unanimously adopted Senate Resolution 24 during the 2021 Regular Session, which urged President Biden to appoint Dr. Gupta to the role. Senate Majority Leader Tom Takubo, R-Kanawha, who is a physician, was the lead sponsor of the resolution.

“I’m ecstatic to learn that Dr. Gupta has been nominated to lead this office,” Takubo said. “Dr. Gupta is truly a bipartisan, nonpolitical person, whose interests are pure. If he’s able to accomplish even a fraction of what he did for West Virginia in his new federal role, the United States will really be headed in a positive direction with handling the opioid epidemic.”

Following Biden’s win as president in Nov. 2020, Gupta helped lead the president’s transition team on efforts related to drug control policy.

If confirmed by the U.S. Senate, he’d be the first physician to hold the Drug Control policy director position.

Del. Joe Jeffries Removed From Vice Chair, Committee Posts Following Explicit Social Media Video

Editor’s Note: This story includes unedited sexually explicit language.

A Republican lawmaker in the West Virginia House of Delegates has been removed as vice chairman of a committee and has lost his seat on other panels following an explicit social media post that circulated this week.

Using the social media platform TikTok — an app popular among young people to share and remix videos — Del. Joe Jeffries, R-Putnam, posted a video of himself responding to a question another user has posted.

The video was circulated widely online Thursday. As of Friday, the video was not publicly accessible — but criticism began to swirl, with much of it focused on Jeffries’ having co-sponsored a bill that would have forbidden teachings of sexuality in public school.

Other prominent figures in West Virginia’s political world called for Jeffries to be condemned for the video.

“West Virginia Republican Party leadership should condemn the actions of GOP Delegate Joe Jeffries on his TikTok account. GOP Delegate Jeffries has a slew of inappropriate and vulgar videos with his own sexually explicit commentary on a social media app aimed at youth,” West Virginia Democratic Party Chair Belinda Biafore said Friday morning.

In a statement issued Friday afternoon, House Speaker Roger Hanshaw, R-Clay, offered strong criticism for Jeffries’ behavior and alluded to other instances in which controversy has swirled around the Putnam County lawmaker.

“I believe Joe Jeffries is an embarrassment not just to the House of Delegates, but to the entire state. He has shown us more than once that he does not respect the office he was elected to serve,” Hanshaw said. “I am but one member among 100, and his constituents will have the opportunity at the ballot box in 2022 to decide whether he represents them as they wish.”

Hanshaw said the only way he could express his disgust with Jeffries’ “repeated, reprehensible behavior” was to remove him as vice chair.

“Carrying out the will of the people is serious work, and I expect better behavior of our members, even in what they believe is their private time,” Hanshaw said.

In the video, Jeffries appears to be responding to another user on the platform.

“They say sit on your face. Do you mean sit or hover?” a woman asks.

“So here’s the thing, ladies. If he’s not pushing you up, gasping for air, then you are probably doing it wrong. You should be rubbing that thing all over his face, like hard,” Jeffries said. “His nose should be shoving your clit so far back up inside of you that it just drives you wild. Sit, not hover, sit. Push down. All your weight He’ll take care of the rest.”

As Hanshaw mentioned, this is not the first time Jeffries has drawn controversy.

During the 2021 session, Jeffries was oftentimes spotted at the statehouse wearing a mesh mask — seemingly to mock Gov. Jim Justice’s order in place to provide safety protocols during the coronavirus pandemic.

Later in the session — and following a meeting of a conference committee that was considering a bill to limit the governor’s powers — Jeffries apparently asked a group of senators an explicit question.

Just days later, Sen. Mike Woelfel, D-Cabell, recounted what he had heard Jeffries ask the group of lawmakers.

“Here’s the question directed at our conferees, ‘How does the governor’s genitalia taste?’” Woelfel recalled. “That’s loathsome, that’s vile, that’s despicable — and I condemn that behavior.”

At the time — while holding a briefing on the state’s response to the pandemic — Justice said Jeffries should either be “kicked out of the House, period, or he should absolutely be told that he has to make a public apology to these great people, because that behavior is absolutely intolerable.”

According to the Legislature’s website, Jeffries had been vice chair of the Fire Departments and Emergency Medical Services Committee. He was also removed from serving on two committees, including Energy and Agriculture — but will remain on the Committee on Government Organization, according to a spokesperson for the House.

Jeffries was first elected to the House of Delegates in 2018.

W.Va. Reports No New Cases Of Delta Variant In A Week, But Officials Remain On Alert

West Virginia public health officials have reported no new cases of a highly infectious variant of the coronavirus in the past week, but Gov. Jim Justice and others remain on alert.

Last Tuesday, state officials reported 12 total cases of the Delta variant — up from four the day before. Since then, no new cases of the strain have been reported in West Virginia.

Despite the leveling-off of cases in the past week, Justice said Tuesday the state should expect more cases of the variant.

“The best information we have tells us just this that we’re in our infancy in West Virginia with a Delta variant,” Justice said. “The odds are astronomical that that variant is going to go substantially greater than it is today.”

State Coronavirus Czar Dr. Clay Marsh echoed the governor’s concerns. Because West Virginia has been behind other states when it came to earlier spikes in the pandemic, Marsh predicts that the state could still see an increase of cases from the Delta variant.

“We are not seeing explosive growth of this variant yet,” Marsh said. “But as we have seen throughout this pandemic, West Virginia is always a little bit slower to see some of the things that we see spreading from the rest of the world and from other states.”

Justice also reported Tuesday that more than one million of the state’s 1.8 million residents have gotten at least one dose of the coronavirus vaccine. With the Delta variant predicted to become the predominant strain of the coronavirus in the United States, Justice and his advisors continue to ask West Virginians to get vaccinated.

“If you’re not vaccinated, you’re part of the problem rather than part of the solution. You know, that’s all there is to it,” Justice said. “If we had you vaccinated, less people would die.”

To date, the West Virginia Department of Health and Human Resources has reported 164,279 total cases of the coronavirus, of which 1,093 are considered active. Officials report 2,901 residents have died from the virus.