Candidate Filing Story Archives - West Virginia Public Broadcasting

Candidate Filing Law Sets New Limits On Nominee Appointments

Among the bills passed in the regular state legislative session dealing with voters and elections, and one that faced partisan scrutiny, eliminates a candidate’s filing deadline.

Signed by Gov. Jim Justice on March 27, the last day to do so, House Bill 4350 says if no one files as a party candidate for an elected office after the filing deadline, that vacancy may not be filled. Previously, the party executive committee had 17 days after that deadline to appoint a nominee. The change eliminates that practice except in certain circumstances, including no one filing to run for the position at all, death, disqualification or resignation of a candidate.

The bill sponsor, Del. Josh Holstein, R-Boone, said the change gives voters security in knowing who is running for office. And, he said it allows that someone hasn’t been tossed on the ballot just for political purposes.

“A function of a party is to recruit candidates, number one, and number two, to win elections,” Holstein said. “If we can’t find an individual for two years leading up to an election, and the three to four week filing period, to get them found, we have to scramble. At the end of that, to find somebody just to toss on, it’s usually not a very high quality person or a high quality candidate, it’s just someone that’s filling a ballot.”

Del. Mike Pushkin, D-Kanawha, and West Virginia Democratic Party chairman, said the legislation hurts voters and only benefits incumbents.

“The only thing that does is make less alternatives, less choices for voters,”Pushkin said. “Democracy works better when we have more choices for voters, when we have more people participating in their democracy. It doesn’t benefit anybody except people already serving in this building.”

West Virginia University Associate Professor of Political Science Scott Critchlow noted that many West Virginia election districts have small populations. He said each of the 100 House of Delegates districts have less than 20,000 people, and that can create a challenge for political parties to find candidates.

“What the practice has been so far is to allow for the people to register after the filing deadline, in case you didn’t get somebody in one of those very, very small, 100 districts,” Critchlow said. “This will stop that practice. And effectively, that’s going to mean that voters don’t have a choice when they go to the polls in November.”

Critchlow also said that House Bill 4350 was voted on by politicians, and noted that many of them could see it as in their own best interest to have fewer possible people run against them as they seek reelection.

“The filing deadline in West Virginia is in January,” Critchlow said. “So just take the last few months as an example. Somebody might know in January that they’re not going to face a person running against them in November. That means that for the entire legislative session from January to March, they can vote however they want to without having to worry about the voters.“

In response, Holstein said he rejects Critchlow’s entire premise, saying the legislation does not impact an incumbent and it preserves election integrity.

“What folks need to know is this preserves the situations where neither major party files a candidate,” Holstein said. “It still allows them to go out for that additional two weeks and seek somebody, so that’s still intact. All this does, it preserves death, it preserves withdrawal, it preserves eligibility, it preserves if no one has filed. All this does is say, if you have not filed during this entire period, and you’ve had two years from the last election cycle to prepare, you’re no longer eligible to be a candidate.”

House Bill 4350 takes effect Jan. 1, 2025.

Election Filing Changes And Solar Eclipse Safety This West Virginia Morning

On this West Virginia Morning, we learn from graduate students about how to view Monday’s eclipse safely. Also, changes to how and when political parties can fill vacancies after the candidate filing deadline in state elections.

On this West Virginia Morning, we learn from graduate students about how to view Monday’s eclipse safely and why the celestial event is scientifically important.

Also, in this show, Randy Yohe looks at changes made in the latest legislative session – on how and when political parties can fill vacancies after the candidate filing deadline in state elections.

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.

Emily Rice 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

Candidate Primary Election Filing Deadline Saturday

Agriculture Commissioner Kent Leonhardt is the only constitutional officer not running for a different office. Political analyst Marybeth Beller calls it the first of her three prongs of upheaval.

The May 14 primary election is where political parties choose their candidates for the general election in November.

Marybeth Beller is an associate professor of Political Science at Marshall University, and an election analyst. She said it’s rare to see a complete overhaul of five of the six state constitutional offices. Agriculture Commissioner Kent Leonhardt is the only constitutional officer not running for a different office. Beller calls it the first of her three prongs of upheaval.

Her second prong of upheaval? By Beller’s count as of Friday, there are 16 incumbents around the state who are seeking other offices, but she said only three of those incumbents have a safe seat, meaning that if they lose this election, they still get to hold on to their position.

“All the other executive offices have people who are seeking other offices and only one of those is term limited,” Beller said. “Governor Justice, of course, is term limited. He’s running for the U.S. Senate. But then the Attorney General Patrick Morrissey is leaving his post to run for governor. Secretary of State Mac Warner is also seeking the governor’s office. Auditor J.B. McCuskey is seeking the Attorney General’s office and State Treasurer Riley Moore is running for the first congressional district.”

“Those are Brian Wood of Putnam County, the county clerk who is running for Secretary of State,” Beller said. “Tricia Jackson, who’s a Jefferson County Commissioner, is running for State Auditor. And then Sen. Mike Stuart, R-Kanawha, who was just elected to the state Senate is seeking the position of Attorney General. But aside from those three, all the other incumbents are leaving their seats to seek higher office. And I found that very exciting.”

Beller said the third big prong of upheaval is what the state legislature might look like in 2025.

“In the Senate 13 of the 17, who can run again are and so we’ve got four players who are leaving and three of those are really long-term legislators,” Beller said. “The first big position of note is Sen. Charles Trump, R- Morgan. Trump has chaired the Senate Judiciary Committee for quite a long time, and he’s seeking office for the Supreme Court of Appeals, so he’s not running again. Sen. Mike Caputo, D-Marion, who is new to the Senate, but previously was in the House, going all the way back to 2009 has announced he is not seeking reelection. David Stover, the former Circuit Court Clerk of Wyoming County, has only been in the Senate for one term, but he has not filed yet to run again. And the fourth is Sen. Robert Plymale, D-Wayne. Now, we still have two days, and I can’t find evidence, that he’s announced that he’s not running, but he hasn’t yet filed. Plymale has been in the Senate since 1992. If he decides not to file, we will see some definite, very new faces unless some old ones come back next session. So that’s really interesting to me.”

Beller said in the House of Delegates, almost one fifth of the house incumbents have not filed for reelection.

“Seventeen out of the 100 is the number that I’ve counted,” Beller said. “As I say these things could change. But we were looking at the long term House members that are definitely not running. Del. Steve Westfall, R-Jackson, who’s been in the House for a very long time, is now leaving to run for Jackson County Commission. And Del. Larry Rowe, D-Kanawha, who has been in the House for a very long time is not running for reelection. House Majority Leader Eric Householder, R-Berkeley, who has been in the House for a long time is leaving to run for State Auditor. And Del. Paul Espinosa, R-Jefferson, is leaving to run for the Senate seat in District 16 against an incumbent, Sen. Patricia Rucker, R-Jefferson. So that’s going to be an exciting election.”

Information pertaining to the Primary Election can be found at GoVoteWV.com.

Running For Office Involves More Than Rules, Regulations

When you ask campaign veterans about making that decision to run, they answer with how strong that desire for public service beats in your mind and heart.

We’ve heard political campaign rhetoric for a while now, but as of Monday, Jan. 8, West Virginia’s official candidate filing period is now underway.

Candidates for local, state and federal offices can file for the May 14 Primary Election until midnight on Saturday, Jan. 27. The decision to run for political office comes with rules, responsibilities and reflection.

The introduction to the 2024 Running for Office Guide, put out by the Secretary of State’s office, outlines what the decision to be a candidate involves. It discusses eligibility, residence requirements and time commitments. But when you ask campaign veterans about making that decision to run, they answer with how strong that desire for public service beats in your mind and heart.

Former two-term Del. Lisa Zukoff, a Democrat from Ohio County, said she was inspired to follow in her mother’s footsteps of political activism and giving back to the community.

“I was already involved in several organizations, specifically interested in children’s education, animal rescue, and childhood cancer awareness,” Zukoff said. “I saw ways that my knowledge from being involved in the community could serve me at the state political level.”

84-year-old Bob Bailey said he’s in his final term as Huntington city councilman. Bailey has held a variety of city and county offices over the past half century. He said his inspiration to run for Cabell County sheriff as a young high school teacher came from wanting to expand a one-man battle against substance abuse.

“I wasn’t getting anywhere, and a group of parents came to me and asked me to run for Sheriff of Cabell County in 1980,” Bailey said. “I stayed there for eight years. We fought the drug problem hard in Cabell County. It gave me the nickname as a drug fighter.”

Two-term Gov. Jim Justice is now running for his second office, U.S. Senator. Justice said others told him to take his business acumen, personality and state passion and pursue politics.

“I would tell politicians everywhere, If you’re seeking or thinking about running for public office, I would say first and foremost, search your heart,” Justice said. “It’s not gonna be easy, and you’re gonna catch a lot of stones. And don’t ask anything for yourself.”

Zukoff said it was tough at first to ask people for contributions and difficult to campaign in general. She said she learned it was important to be herself on the campaign trail.

“I was always honest with my answers, even if they didn’t agree with me,” she said. “Everyone will tell you what to do, people that are involved in politics. You have to get your own rhythm, and you have to feel comfortable with who you are.”

Bailey said he learned that campaign promises made need to be promises kept.

“A lot of candidates don’t do that,” he said. “They tell you what they’re gonna do. And once they get elected, they do just the opposite. You can’t do that. If you’re in politics, and you make a pledge, you have to fulfill that pledge.”

Justice said in campaigning and holding office, it’s more important to listen than to talk.

“Get out and talk to the people,” Justice said. You’ll be amazed, you’ll be amazed how much they know. And you’ll be amazed a lot of times how in the dark we are in Charleston.”

Zukoff said with women making up more than half of West Virginia’s population, women need more than token representation in state government.

“I think that our voices get left out of the equation when rules are coming down, when laws are being made,” Zukoff said. “I think it’s critical that the government do more to involve ladies across the board.”

Bailey said if you have office holding in your head, you need to have public service in your heart.

“If you don’t like the people telling you what to do, then you’re in the wrong business,” Bailey said. “And you’ve got to pray hard.”

Justice said your constituency will appreciate and embrace you if you tell them the truth.

“It’s a great, great, great, great, great, you know, opportunity and profession, but it’s gotten rotten in a lot of ways,” he said.

Just some of the campaign tips that are not mentioned in the 2024 Running for Office Guide.

The West Virginia candidates that have filed for office can be found here. Voter registration and a 2024 election calendar can be accessed here. The state’s online Campaign Finance Reporting System provides detail into West Virginia candidates’ finances.

Senate Bill Requires Political Candidates Swear To Residency

A bill that changes how candidates for office across the state announce their intention to run drew close to an hour of discussion on the Senate floor Tuesday.

Senate Bill 541 is simply titled “Providing for Election Reform.” It creates a requirement that, as part of their certificate of announcement, a candidate swears they are legally qualified to seek and hold the office sought.

Senate Judiciary Chair Sen. Charles Trump, R-Morgan, used filing to run for Senate as an example. He noted the bill would require the Secretary of State to include the specific qualifications for each elected position on the relevant certificate of announcement form.

“When you file your certificate of announcement to run for office for the Senate of West Virginia, you’re going to have to swear under oath that you’re a minimum age of 25. That’s what our Constitution requires,” Trump said.

“That you’ve been a resident of the state for five years, that’s what our Constitution requires,” he continued. “That you’ve been a resident of the district in which you’re running for a year. What we’re asking the Secretary of State to do is, for each certificate of announcement, for each office, delineate what those statutory or constitutional criteria are. The bill requires that you certify that when you make your announcement.”

The new requirement stems from the case of a candidate in the 2022 Republican primary for the state’s 8th Senate District who was placed on the ballot but was ruled by a court to not meet the minimum residency requirement for the position.

A judge ordered that votes for the candidate not be counted, sparking claims of judicial interference in the election process.

Sen. Eric Tarr, R-Putnam, asked about the bill’s new limitation on suits regarding election eligibility. The bill would require suits be resolved before absentee ballots are distributed or be dismissed without prejudice.

“Around the polling places around the state, a court required signs to go up and say that your vote for a candidate who is on the existing ballot cannot be counted,” Tarr said. “As they interfered in that election, if we vote yes, would it prohibit the court from interfering in that way once a candidate is on the ballot?”

Trump said that in the case of the 2022 election, the court decision was rendered after the absentee ballots were distributed, something that the bill seeks to amend.

“If this bill were operative now, with the same time frames that occurred in that case, I think the answer would be the court would have to dismiss the case and wait until after the primary election had occurred,” Trump said.

Sen. Mike Woelfel, D-Cabell, also stood to clarify that if the bill passed, a candidate who is found to not meet requirements could face criminal prosecution.

“I believe it will cut down on situations where people are playing fast and loose with their residency,” he said. “It was a very vague area of the law, very vague. Now, you’re going to swear on a document executed and tendered to the Secretary of State and made a public record, you’re going to swear an oath that you have lived in that district for one year. And if you have not, you’re subject to a criminal prosecution.”

The bill passed on a vote of 28 to 5, with one Senator absent and now goes to the House of Delegates for its consideration.

Judge Orders Candidate Removed From Primary Election

Updated on Wednesday, May 4, 2022 at 5 p.m. Kanawha County Circuit Court Judge Duke Bloom has ordered West Virginia Secretary of State Mac Warner to remove Republican state Senate candidate Andrea Kiessling from the ballot days before the May 10 Primary Election.

Updated on Wednesday, May 4, 2022 at 5 p.m.

Kanawha County Circuit Court Judge Duke Bloom has ordered West Virginia Secretary of State Mac Warner to remove Republican state Senate candidate Andrea Kiessling from the ballot days before the May 10 Primary Election.

In a complaint filed last month, it was claimed that Kiessling violated the constitutional requirement that she be a West Virginia resident for five years before the election.

After a hearing on Tuesday, Judge Duke Bloom asked Kiessling’s attorney, the secretary of state, and the attorney who filed the complaint to enter their responses. Those were received earlier today, and the judge had already ruled against Kiessling.

Bloom would not say when Kiessling had made West Virginia her residence, but said it was clear she did not meet the five year standard.

The judge ordered Warner to:

Withdraw the certificate of candidacy
Direct all election officials to disregard any votes Kiessling receives.
Post signs in 8th District voting locations that Kiessling is ineligible.

Warner’s office had urged the judge to wait until after the election but indicated it will comply with the order in a statement. “An emergency meeting of the State Election Commission will meet as early as Thursday afternoon or Friday to implement the order of the judge. We plan to comply with the judge’s orders in the counties that make up the 8th Senatorial District.”

Original Post:

The West Virginia Secretary of State says a judge should wait until after the primary election to rule in a candidate’s residency dispute.

Kanawha Circuit Court Judge Duke Bloom asked all parties to file briefs Wednesday on how they think the case should be decided after a hearing held Tuesday morning.

The complaint claims District 8 Republican Senate candidate Andrea Kiessling violated the constitutional requirement that she be a West Virginia resident for five years before the election.

The complainant’s attorney argued documentation proves Kiessling was a North Carolina resident during much of the required five years.

Kiessling’s attorney argued evidence shows the candidate maintained West Virginia residency.

Bloom asked that the Secretary of State’s office also offer an opinion.

That response said the 800 or so Republican voters that have already cast ballots as of Wednesday in District 8 must not be disenfranchised, that the complaint comes too late according to state code, and that Bloom should wait until after the election to make any decision.