Election Results and Drought Conditions, This West Virginia Week

On this West Virginia Week, Jim Justice, the state’s two-term Republican governor, won a decisive victory in the race for the U.S. Senate in Tuesday’s general election. Patrick Morrisey, West Virginia’s three-term attorney general, won the governorship, continuing a conservative shift in state leadership.

Meanwhile, parts of West Virginia have been experiencing drought conditions, with the Department of Forestry fighting 82 wildfires in the southern coalfields this week. Also, West Virginians can apply for assistance covering home heating costs for the upcoming winter months.

Emily Rice is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Caelan Bailey, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick, Maria Young and Randy Yohe.

Learn more about West Virginia Week.

Reimagining Rural Politics, Plus A New Constitutional Amendment, This West Virginia Morning

On this West Virginia Morning, Matthew Ferrence did not like what his local representative was saying, so he decided to run against him in 2020. He talked to voters in his Pennsylvania district throughout his campaign, but garnered far too few votes to win office.

On this West Virginia Morning, Matthew Ferrence did not like what his local representative was saying, so he decided to run against him in 2020. He talked to voters in his Pennsylvania district throughout his campaign, but garnered far too few votes to win office.

Ferrence wrote about the experience in his book “I Hate It Here, Please Vote For Me: Essays On Rural Political Decay.” He spoke with Inside Appalachia‘s Bill Lynch about the book and whether he would ever run for office again.

Meanwhile, additional results from this year’s general election continue to trickle in. Among them, a new constitutional amendment including protections against medically assisted suicide passed by a slim margin, Emily Rice reports.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Amendment One Passes By 1 Percentage Point

A ban on medically assisted suicide will now be part of West Virginia’s constitution.

West Virginia voters passed Amendment 1 by a single percentage point. The decision came down to 6,080 votes.

Assisted suicide is legal in ten states and the District of Columbia. Internationally, the practice is legal in several European countries, Canada, Columbia and parts of Australia.

Requirements differ, but generally, individuals must have a terminal illness as well as a prognosis of six months or less to live to be eligible.

Assisted suicide is already illegal in West Virginia, but Del. Pat McGeehan, R-Hancock,  sponsored the resolution that turned into Amendment 1 during the 2024 regular session of the legislature because he believes the state’s constitution should include protections against medically assisted suicide.

Rusty Williams is an advocacy specialist for the West Virginia ACLU. The organization campaigned against Amendment 1.

“I think that it was worded intentionally to create that confusion, and unfortunately for folks in terminal situations here in West Virginia, that strategy worked,” Williams said.

McGeehan sent West Virginia Public Broadcasting a statement but declined to be interviewed. In the statement, he said the passage of Amendment 1 sets a strong example for other states to follow.

“It was a great night for West Virginia,” McGeehan said in an email statement. “I appreciate the support from the voters for Amendment One. Amendment One’s approval will help prevent the terrible scourge of euthanasia from ever gaining a foothold in our great state. Going forward, we’ve also helped set a strong example for other states to follow. God bless our people and our beautiful Mountain State.”

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

LIVE BLOG: WVPB Follows The 2024 General Election

Follow West Virginia Public Broadcasting’s statewide coverage of the 2024 general election through our live blog.

Updated on Tuesday, November 5, 2024 at 9:49 p.m.

The 2024 general election has been full of twists and turns at the state and national level. During the primary season, it appeared to be a contest between President Joe Biden and former President Donald Trump. Then, after a shaky debate performance, Biden withdrew from the race setting up an all new contest between Trump and Vice President Kamala Harris. In just a little more than 100 days, Harris and her team have barnstormed throughout the battleground states. 

U.S. Sen. Joe Manchin, I-W.Va., choosing to retire instead of running again threw shockwaves into the competition for the Senate seat and even control over the chamber. 

At the state level, many pundits predicted Gov. Jim Justice would take Manchin’s seat, but former Wheeling Mayor Glenn Elliot decided to run against him on the Democrat ticket.

In the governor’s race, with Justice term-limited, state Attorney General Patrick Morrisey is running against Huntington Mayor Steve Williams. 

Four of the five offices known as the Board of Public Works will have a new office holder. That includes the attorney general, the state auditor, the state treasurer and the secretary of state. The state’s agriculture commissioner, Kent Leonhardt, is running for reelection against Democratic challenger Deborah Stiles.

For up-to-date information on election results, visit the secretary of state office’s website, and stay tuned to this live blog from West Virginia Public Broadcasting. For a full list of candidates running for election in West Virginia, visit the secretary of state office’s candidate search webpage.

Polls close at 7:30 p.m.

Follow the WVPB Newsroom on Instagram @wvpublicnews.



Election Results

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Corrupted Data

Corrupted Memory Stick Slows Kanawha Reporting

At 9:10p.m, the Kanawha County’s Public Information Office found that a data stick that held information about early voting numbers was corrupted. 

“It certainly could potentially make for results to take a little bit longer than normal, but we don’t have an exact timeline on that at this time,” Kanawha County Commission Public Information Officer Megan Bsharah told WVPB.

Bsharah said updates will be released on the Kanawha County’s social media pages and website, kanwha.us

The statewide ballot measure on constitutionally banning medically assisted suicide has also yet to be called. There’s currently a tight margin among reporting counties, and Kanawha which is one the biggest outstanding counties.



U.S. Senate

Jim Justice (And Babydog) Goes To Washington

By Curtis Tate
Published at 8:50 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1106-JUSTICE-SPOT.mp3
Listen: Curtis Tate reports on the U.S. Senate race in West Virginia

Gov. Jim Justice will be the next U.S. Senator from West Virginia.

The two-term governor will head to Washington in January, bringing Republicans one seat closer to controlling the chamber.

Justice spoke at his victory celebration at the Greenbrier Hotel and Resort, which he owns.

“We did it,” he said. “And how we did it? We pulled the rope together. All of you. All of you with me.”

Justice will succeed Sen. Joe Manchin, a Democrat-turned-independent who declined to seek re-election.

Justice, 73, was elected governor in 2016 as a Democrat with Manchin’s support, but publicly switched parties with then-President Donald Trump at a Huntington rally.

Justice defeated Democrat Glenn Elliott, the former mayor of Wheeling.

Gov. Jim Justice addresses attendees at the West Virginia Chamber of Commerce’s annual business summit in August.

Photo Credit: West Virginia Chamber of Commerce


Student News Live At Marshall University

This year, Marshall University’s campus television studio is a hub for the national election reporting initiative called Student News Live.

This project brings together 24 hours of reporting from universities across the United States, documenting college student perspectives on the presidential race and issues affecting first-time voters. Students at Marshall’s W. Page Pitt School of Journalism and Mass Communications will anchor coverage including contributions from more than 70 universities and other national organizations.

You can access Student News Live’s coverage below.



Stories From Around The State

Scroll through stories from around West Virginia as West Virginia Public Broadcasting reporters speak with voters statewide.


Boone County


Everything From Faith To Gas Prices Drive Voting In Boone County

By Maria Young
Published at 8:20 p.m.

Voters in Boone County were almost completely united behind former President Donald Trump in his bid for a new term. But their reasons were varied; from morals and ethics to the cost of living.

I’m a Trump voter, of course,” Jessica Stowers, 43, said.

“For me it’s good versus evil. My faith is a big part of my vote.” 

Alexandria Justice said she was hoping to vote before the polls closed Tuesday evening. 

“It’s inflation, gas prices, groceries. It’s hard to feed three kids,” she said.

Frank Adkins, 75, is bothered by the shutdown of a pipeline, and with it jobs, that he says left under President Joe Biden.

“We need a change in the White House,” Adkins said.

Johnny Sayre agreed.

“Kamala Harris is driving me to the polls. Can’t let her become president,” he said.

Sayre said he is alarmed by the number of undocumented people crossing the border and, he believes, bringing in drugs like fentanyl. He sees that getting even worse if Harris is elected.

A handful of voters said they were also focused on the governor’s race, but few local elections caught their attention.


Putnam County


‘People That Don’t Vote Shouldn’t Really Voice Their Opinion’

By Emily Rice
Published at 7:30 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-PUTNAM-COUNTY-SPOT.mp3
Listen: Emily Rice talks to voters in Putnam County

As America headed to the polls Tuesday, so too did residents of Putnam County.

For election day, Monte Bledsoe arrived at his polling location with his family. For years, they’ve made it a point to vote together – despite differing political beliefs.

“We all come out,” Bledsoe said. “They vote however they want. I vote however I want. We’re just, it’s our civic duty. We feel like, as an American, we come out and we vote.”

While visiting the polls in November is a tradition for some, for young voters like Chloe Beckner, it’s their first general election. She said it felt good to cast her ballot.

“It’s just important to get out and vote and, you know, put your voice out there,” Beckner said.

Mary Brim is a lifelong voter and says she was raised to exercise her right to vote.

“People that don’t vote shouldn’t really voice their opinion, because they don’t make their opinion to be known at the ballots,” Brim said. “That’s how I was raised. I might be old school.”

A polling location in Putnam County.

Photo Credit: Emily Rice/West Virginia Public Broadcasting

Eastern Panhandle


Environment, Identity, School Issues Pushing Some Eastern Panhandle Voters Left

By Jack Walker
Published at 3:35 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-Eastern-Panhandle-WEB.mp3
Listen: Jack Walker asks Jefferson County voters about local races

This year, several closely watched races in West Virginia’s general election come from the fastest growing region of the state, its Eastern Panhandle.

The area has a significant Republican majority. But some residents on the left hope a growing influx of newcomers to the state could help swing local elections in the Democratic Party’s favor.

Some voters backing local Democratic candidates say they want better pay for teachers, more environmental protections and inclusivity for immigrants, people of color and members of the LGBTQ community.

Democratic values like these are part of the reason Shepherdstown resident Stewart Acuff votes blue year after year.

“It’s the Republicans on the county council who now want to cover this green landscape with tract housing and industrial solar,” Acuff said. “As long as people like Jim Justice and Patrick Morrisey try to run the state like a coal operator — like they make all the decisions and they get all the money — then West Virginia is going to be stuck in poverty.”

Stewart Acuff, a resident of Shepherdstown, said he voted Democrat across his entire ballot during the Nov. 5 general election.

Photo Credit: Jack Walker/West Virginia Public Broadcasting

Shepherdstown resident Karene Motivans said she was excited to vote for “youthful, energetic new candidates” for local office.

But Motivans said she also wanted to cast a vote against ideas expressed by candidates on the right, like anti-LGBTQ and anti-immigrant positions.

“I come from parents that are immigrants. It makes me emotional,” she said. “They add so much to our country.”

No Republican voters agreed to speak to West Virginia Public Broadcasting in Shepherdstown on Election Day.

But some residents supporting a Republican ticket spoke with the newsroom last week during early voting. They said they want candidates who can minimize government spending, reduce property costs, decrease the local cost of living and protect freedom of speech.

See an extended version of this story at this link.


Monongalia County


Voters In Morgantown Feel Motivated By National Politics, But Keep Focus Down The Ballot

By Chris Schulz
Published at 3:30 p.m.

Many West Virginians like Kevin Hamric see voting as their civic duty and a way to express themselves.

“I have an opinion, and I want to make sure that I’m involved in the decisions that we’re making going forward for this community, the state, nation,” he said.

Both national and local races drove Hamric to the polls Tuesday, but he emphasized the importance of local politics.

“There’s a lot we can do locally and work outward, but that doesn’t mean we shouldn’t have our opinion be counted on the national stage as well,” Hamric said. “I think locally we can look at each other and usually cut through some of the mess a little bit more and get things done. Because we’re working hand in hand, we’re usually working a little more face to face, and I think we see each other as people a little bit more when we’re on the local level.”

Hamric attended his local polling place at Morgantown High School with his young son, who he said is interested in the process.

“He’s got questions, and it’s great to be able to talk about those and for him to see what we’re talking about, instead of just explaining it to him,” he said.

Kevin Hamric brough his son to the polls at Morgantown High School Tuesday morning. Hamric said his son is interested in the electoral process, and it was a good opportunity to show him how elections work.

Photo Credit: Chris Schulz/West Virginia Public Broadcasting
Pictured on the left, Kylie Cannon voted early this year. But she came to the polling location at Morgantown High School to support her friend, Jill Descoteaux, who voted on Election Day “to be a part of the day of excitement.”

Photo Credit: Chris Schulz/West Virginia Public Broadcasting

For Chris Lituma, he sees voting as a privilege not shared globally.

“I think the system works and has worked and can continue to work,” he said. “I don’t think it’s flawless, but for now, it’s working, hopefully.”

Voting in Morgantown, a Democratic outlier in the broader Republican stronghold of the state, Lituma said he feels his vote matters more.

“The local politics, I think they are more split than they are nationally,” he said. “And so that’s really important for me, because I think our vote does matter here locally more than it would statewide.”

Jill Descoteaux said she comes out to vote in every local election, but admits it is difficult to find information about local races.

“It’s really easy to be motivated about the national headline because we’re bombarded with information about those candidates and everything they do,” she said. “I would say that I put more energy into voting down ballot, to doing my research, but the motivation to come out here is very like, ‘Rah rah, everyone, come together and get get who you want in office at the top of the ticket.’”

Descoteaux, who described herself as a “news junkie,” said she opted to wait and cast her vote on election day rather than vote early to feel more a part of the process.



Unopposed Races In The Mountain State

By Chris Schulz
Published at 3:30 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-Unopposed-Races-SPOT_4WEB.mp3
Listen: Chris Schulz talks to Morgantown voters about unopposed races

Despite the expressed enthusiasm for local races, in many local elections this year voters were faced with not much of a choice on their ballots.

Of the 100 House of Delegates races on ballots across the state in this election, nearly half were unopposed, as were one third of all state senate races.

In Monongalia County, where races for surveyor and prosecutor were also unopposed, voters like Robin Cheung said seeing one name on the ballot is a shame.

“There’s no new ideas that come out of there,” he said. “You’re gonna have the same person, the same ideas, same thoughts, same thought process. It’s always good to have someone else to run against, you can kind of brighten things up and freshen things up a little bit.”

Lituma said he’s bothered by unopposed races, enough to consider running in the future.

“It’s a challenge to find people, especially in West Virginia because there’s a party that dominates the state,” he said. “

At the state level, Larry Pack is unopposed for the position of state Treasurer.

Morgantown voter Grace Hutchens said it made her sad to see solitary names under so many races.

“That’s the whole point of this process, is to have people running against each other and to give you a choice to see who you would prefer to represent you in that certain field,” she said. “It’s always kind of a little tragic just to see somebody running unopposed. It’s probably nice for them running unopposed, but as far as the process goes, it’s a little sad.”



A Potential Amendment To The State Constitution

By Chris Schulz
Published at 3:30 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-Amendment-1-Morgantown-SPOT_4WEB.mp3
Listen: Chris Schulz asks Morgantown voters about Amendment 1

West Virginia voters will decide on a new amendment to the state’s constitution this election.

Amendment 1 asks voters to decide whether or not to change the state’s constitution to prohibit medically assisted suicide.

But voters like Hutchens said the wording of this and previous ballot amendments feels intentionally confusing.

“I’ve seen a couple amendments that have been proposed in elections, and both times the language was very confusing,” she said. “You really had to look and put time and effort into seeing what they were trying to say and accomplish.”

Kylie Cannon said she voted early but came out to support her friends as they voted. She said she has sick friends who would be directly impacted by the amendment, agrees that the wording of the amendment is tricky.

“I think that’s something that’s really important to educate yourself about, rather than just going in, voting for the top of the ticket and then just going home,” Cannon said.

Assisted suicide and euthanasia are both already illegal in West Virginia.

Kylie Cannon, left, voted early but walked her dog to the polls while her friends Robin Cheung, Jill Descoteaux and Chris Lituma voted in the general election at the Morgantown High School polling location Nov. 5, 2024.

Cabell County


Schools, Libraries, Parks And A New Mayor On The Ballot In Huntington

By Randy Yohe
Published at 3:25 p.m.

https://wvpublic.org/wp-content/uploads/2024/11/1105-Cabell-Vote-WEB.mp3
Listen: Randy Yohe talks to voters in Cabell County

In Cabell County, a three-pronged levy affecting schools, libraries and parks and selecting the first new Huntington Mayor in more than a decade joined presidential politics in bringing voters to the polls.

Debra McCallister said voting doesn’t necessarily run in her family’s history. However, she said this time, the stakes, both nationally and locally, compelled her to go to her voting precinct, which was across the street from her home.

“I think it’s an important vote,” McCallister said. “You need to speak up for what you think and what you believe. On the national ticket, the immigration, taxes, and the economy. Locally, a vote for the Huntington mayor and city council, and I think it’s important to know the people that are on those seats.”

In Cabell County, partial funding for the county’s public libraries and the Greater Huntington Park and Recreation District comes from the Cabell County Schools Excess Levy.

In February, 2024, the West Virginia Supreme Court of Appeals ruled the school district no longer needed to provide funding for parks and libraries. The district cut funding to both groups on the May primary levy renewal.

Voicing displeasure with the decision, Cabell County voters said no to the levy renewal. which included the cuts.

But then, with a new school superintendent, the Cabell County Board of Education adopted a plan to fully restore funding to both the libraries and the parks.

Allyson and Sam Ransbottom came out to support the revised school levy.

“We’re hoping that it goes through this time,” Allyson said. “I work for the library, so we were working really hard before to make that happen. It will be really good for the schools and libraries.”

“We’re both from here,” Sam said. “We’ve lived here pretty much all of our lives. I’ve used the library, as she has, since we were little kids, so it’s really important to us.”

Rick Reed said he had one key reason to vote today.

“I want my country back,” Reed said. “I think the Democrat Party has just totally destroyed it.”

Daniel Beahm said he had several reasons to vote, with one hoped-for outcome.

“I believe in democracy among all the main issues,” Beham said. “But mostly I just felt that it was necessary to come out and support Kamala.”

Huntington will also elect the first new mayor in 12 years.

Medically Assisted Death Is On W.Va.’s Ballot This November

On the ballot in November, West Virginia voters will decide whether or not to change the state’s constitution to prohibit medically assisted suicide.

Updated on Saturday, Oct. 5, 2024 at 9:40 a.m.

This November, West Virginia voters will decide whether or not to change the state’s constitution to prohibit medically assisted suicide.

While West Virginia’s Amendment 1 lumps “the practice of medically assisted suicide, euthanasia, or mercy killing of a person” together, they are different practices.

Assisted dying can take two forms: euthanasia or assisted suicide.

Euthanasia requires a physician to take an action to cause a patient’s death, typically a form of lethal injection. Euthanasia is not legal in the U.S., with the exception of capital punishment in the 27 U.S. states that allow the death penalty.

For an assisted suicide, a physician will prescribe a lethal prescription for the patient to self-administer whenever and wherever they choose.

Assisted suicide is legal in ten states and the District of Columbia. Internationally, the practice is legal in several European countries, Canada, Columbia and parts of Australia.

Requirements differ, but generally, individuals must have a terminal illness as well as a prognosis of six months or less to live to be eligible.

A 2022 study found 74 percent of medically assisted deaths in the U.S. had a diagnosis of cancer and 87 percent were enrolled in hospice or palliative care.

Assisted suicide is already illegal in West Virginia, but Del. Pat McGeehan, R-Hancock, believes the prohibition of the practice should be enshrined in the constitution of the state.

“Medically assisted suicide and euthanasia against men and women is storming the Western world, all we have to do is take a look at northern Europe, Canada and the 10 other states where it’s already legal,” McGeehan said. “It’s growing at an exponential rate, and it’s really a horde nihilistic phenomenon that most people aren’t aware of yet, and that was one of the reasons, because we really need to secure our state against this going forward in the future.”

During the regular session of the legislature, McGeehan, a sponsor of the resolution that turned into Amendment 1, testified before the Senate Judiciary Committee on March 4 that he was inspired to push for this constitutional prohibition after a constituent called and asked him to legalize medically assisted suicide in West Virginia.

McGeehan testified that he declined the request, but maintained correspondence with the constituent and tried to convince them not to travel to another state to carry out a medically assisted suicide.

Rusty Williams, the ACLU of West Virginia’s interim advocacy director, takes issue with McGeehan’s response to his constituent.

“The important part of the conversation is [that] our lawmakers are, they’re running counter to what we want,” Williams said.

The constituent eventually traveled to Oregon and passed away, spurring McGeehan into action.

Some lawmakers were concerned the resolution might prohibit capital punishment should it become legal in West Virginia. Therefore, the resolution was amended to include the caveat, “Nothing in this section prevents the State from providing capital punishment.”

When asked by lawmakers on the committee why he wanted to enshrine this prohibition into law, McGeehan said he and his fellow lawmakers will not always be in power, and he wants to prevent future lawmakers from legalizing the practice.

“The thought process is that we’re not always going to be here, and I don’t want to see in 10 years, suddenly this culture invade West Virginia like it has some of our border states already,” McGeehan testified.

On July 26, the ACLU of West Virginia published its opposition to Amendment 1, calling it unnecessary. Williams finds the proposed amendment deeply concerning.

“Our constitution exists to protect and expand rights, and I find it incredibly concerning that this is to take away a future right,” Williams said. “Medical aid in dying is already illegal in West Virginia. There’s already a statutory prohibition here. So enshrining it into the constitution, to me, runs counter to why the constitution exists in the first place.”

Williams said popular opinion in West Virginia might change, as it has nationally. A 2018 Gallop poll found that 72 percent of Americans support allowing terminally ill people to seek medical assistance in ending their own lives.

“A no vote doesn’t make any immediate changes to the lives of patients,” Williams said. “They’re still not going to be able to access this right because of the statutory prohibition. A yes vote just means that we are going to make it harder for legislatures down the road to again, if the will of the people changes.”

On Sept. 16, the League of Women Voters of West Virginia released a statement urging voters to reject Amendment 1.

“West Virginia already has laws on the books having to do with this,” said Judy Ball, chair of the League’s Legislative Action Workgroup. “This is not something new. That’s one of the problems with this amendment is it deals with issues that we already have dealt with in statute, and then it’s written in extremely vague terms, possibly to confuse the voter.”

Ball also said the league opposes Amendment 1 as it relates to capital punishment.

“The other thing is this amendment includes this reference to the death penalty, another thing that’s already in West Virginia law,” Ball said. “It was prohibited by West Virginia law going back to 1965, the league also opposes the death penalty. Why that’s in here? I have no idea, but it suggests that, to me, it suggests that what’s written into this amendment isn’t really what it’s about.”

Ball said she believes Amendment 1 is about control and an attempt by the government to intervene in decisions that should be personal.

“The legislature wants the government to control your life, to practice medicine without a license, and to intervene in places they don’t belong,” Ball said.

McGeehan believes that medically assisted suicide creates a setting where pressure is placed upon the elderly and disabled to see themselves as a burden.

“We want to send a signal to the rest of the country that we’re not going to stand for this nihilism and this dystopian nightmare that’s rapidly spreading across our country to save health care costs by killing the elderly, and we want to ensure that it never gains a foothold here in our state in the future, we want to send a signal that this should be the gold standard,” McGeehan said.

Election Day is November 5th.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

Editor’s Note: This story was updated to include the source for McGeehan’s statement about saving health care costs.

Group Opposing Amendment 1 Files Complaint Over Electioneering Laws

Updated: Monday, November 5, 2018 at 3:00 p.m.

 

A group encouraging West Virginia voters to reject a constitutional amendment on the Nov. 6 ballot has filed a complaint with Secretary of State Mac Warner. The complaint, rooted in free speech issues and the state’s electioneering laws, comes after an incident Saturday at an early voting location in Morgantown.

A poll worker asked Vote No on Amendment 1 volunteer Stacy North to stay at least 100 feet from the entrance of the Mountaineer Mall early voting location to comply with state law, West Virginia Code Section 3-9-9.

According to the complaint, Warner himself later approached North and Kathy Lewis, another Vote No on Amendment 1 volunteer who had joined North at the location, and asked them to move completely off the property of the polling place.

 

Warner cited another state law — West Virginia Code Section 3-3-2a — that was more restrictive than the 100-foot rule.

The volunteers agreed to move but say they were unable to adequately engage voters on their way into the polling place. They also questioned Warner and his staff over the decision to apply the more restrictive law rather than the 100-foot rule.

The complaint cites a 2015 decision by the U.S. Sixth Circuit Court of Appeals. It found that a 300-foot no political speech buffer zone around polling locations was not in the public interest and violated the free speech clause of the First Amendment.

 

 

“As a coalition formed due to one of the largest, most controversial ballot initiatives in the state’s history, we are dedicated to not only educating and talking to voters, but also following election laws,” Vote No On Amendment 1 spokesperson Julie Warden said in a written statement following the filing of the complaint. “This type of misinformation and misrepresentation of the law is disruptive and undemocratic.”

 

Asked to respond to the Monday lawsuit, Warner’s office again cited West Virginia Code Section 3-3-2a.

“The Secretary of State’s Office must enforce the law as it is written by the Legislature, and this provision in the law has been in the books for years,” Warner said in a written statement. “Regardless the plaintiffs’ contentions, my Office cannot pick and choose which provisions of law to enforce.”

 

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