Supreme Court Dismisses Democrats’ Petition For House Seat De Soto Won

The Supreme Court of Appeals of West Virginia has dismissed a petition from the state’s Democratic Party over a contested seat in the West Virginia House of Delegates.

In January, the West Virginia Democratic Party filed two petitions seeking court intervention over the vacating of the House’s 91st district seat. Earlier that month, Republican delegates voted to vacate the southern Berkeley County seat won by Joseph de Soto, who was arrested in December for allegedly making “terroristic threats” against state lawmakers.

Before his arrest, de Soto switched political affiliations from Republican to Democrat. Under state law, lawmakers who are removed from office are replaced by a member of their party upon removal.

But Republicans have argued de Soto never formally took office, so the rule does not apply. Gov. Patrick Morrisey appointed Republican Ian Masters to the seat Jan. 25.

In their first petition, Democrats named both Morrisey and House Speaker Roger Hanshaw, R-Clay, as respondents. Hanshaw stayed the court’s review of the first petition, arguing that court proceedings would have interrupted the forthcoming legislative session.

In response, the Democrats filed a second, similar petition removing Hanshaw as a respondent. The court dismissed the second petition in a decision issued Thursday.

In the second petition, Democrats had asked the Supreme Court to verify Joseph de Soto was “lawfully elected” to the state legislature. In the event that he was removed from office, they asked the court to grant the Democratic Party authority over naming his replacement.

In its dismissal of the petition, the Supreme Court said the Democrats did not seek court relief within the required 30 days, and that the court lacks jurisdiction to review any remaining claims.

“Because we lack jurisdiction to review the merits of this action, we do not address other issues, which may also be jurisdictional,” the dismissal reads.

The court has not yet issued a decision on the initial petition filed in January, which Hanshaw has stayed until 30 days after this year’s legislative session ends — Monday, May 12.