Maria Young Published

False Election Filings Case Can Move Forward, State’s High Court Rules 

A four-story building with tan-colored bricks and many windows sits at the end of a sidewalk.
The deputy Attorney General said the ruling gives prosecutors in all 55 counties more time to investigate and try similar cases affecting the state's elections.
J. Alex Wilson/Supreme Court of Appeals of West Virginia
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The West Virginia Supreme Court of Appeals has ruled indictments against two candidates charged with falsifying their election filings can go forward.   

Court documents allege when Jan Hite King and Kimberly Maynard ran for the Cabell County Commission in 2022, they each certified they lived in Magisterial District 1.  

An investigation by the Secretary of State’s office found King lived in District 2 and Maynard in District 3. They were indicted for false swearing, aiding and abetting each other, and conspiracy – for a total of five misdemeanor counts.  

But the fairly rare cases took time to investigate, and the indictments weren’t returned until April 2025. A lower court found the statute of limitations was just one year and had already run out.  

On Friday, the state’s high court returned a ruling that found a five-year limit applied.  

“This decision affirms that those who seek to defraud West Virginia’s voters will be held accountable,” Attorney General JB McCuskey said. “I want to applaud the Secretary of State’s Office for their work in bringing these charges. I am also incredibly proud of the exceptional legal team in our office for their work ensuring that the Election Code means what it says.” 

Deputy Attorney General Andrea Nease argued the case for the AG’s office. 

“We’re really pleased with the court’s decision because it gave us clarity. It gave all 55 county’s prosecutors clarity that there is a five-year statute here that they’re dealing with,” Nease said. 

Nease said elections violations cases, while rare, are rising. 

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