Probation For W.Va. Mail Carrier In Absentee Ballot Case

A West Virginia postal carrier who pleaded guilty to altering mail-in requests for absentee voter ballots was sentenced to five years’ probation Monday.

Thomas Cooper was charged in May 2020 after eight mail-in requests for absentee voter ballots had their party affiliations altered. He pleaded guilty last July.

Cooper, 48, of Dry Fork, held a postal contract to pick up mail in the three towns in which the voters live and delivered the forms in April 2020 to the Pendleton County clerk, according to a federal affidavit.

An investigation by the secretary of state’s office found five of the ballot requests were changed from Democrat to Republican with a black ink pen, the affidavit said.

Bennie Cogar, a state attorney general’s office investigator who conducted the probe on behalf of the secretary of state’s office, said in the affidavit that the Pendleton County clerk called some of the voters after receiving the requests because she knew they were not Republicans. The clerk then contacted the secretary of state’s office to report the alterations.

On the other three requests, the voters’ party was not changed. However, in addition to the “Republican” box originally checked in blue ink, the word “Republican” was later circled in black ink, the affidavit said.

Cooper admitted in an interview with Cogar and a postal inspector that he changed some of the requests he picked up from the Onega post office from Democrat to Republican.

According to the affidavit, when he was then asked about the other requests, Cooper said, “I’m not saying no,” but if the requests were picked up along his postal route, “I would take the blame.” Cooper was then asked if he was “just being silly” and he replied he did it “as a joke” and that he didn’t know those voters.

Cooper was sentenced in federal court in Elkins for attempted election fraud and injury to the mail.

State Attorney General Patrick Morrisey said Cooper’s conviction and sentencing “should serve as a strong warning to anyone else who feels tempted to commit election fraud.”

Absentee ballot rules were relaxed last year to make voting easier and safer during the coronavirus pandemic. Absentee ballot applications were mailed to all registered voters in West Virginia to encourage mail-in voting for the June 2020 primary election. For the November general election, all state voters were allowed to fill out an absentee ballot application online.

West Virginia Casts Its 5 Electoral Votes For Trump, Pence

Electors in West Virginia met Monday to cast their votes for president and vice president. As expected, the state’s five electoral votes went to Donald Trump and Mike Pence, respectively.

In a ceremony streamed online, Gov. Jim Justice and Secretary of State Mac Warner oversaw the ballots cast by the electors.

“Today we are fulfilling our civic duty — our civic duty to our country,” Justice said. “And it is a very, very important event.”

Similar processes played out across the nation Monday, as electors from each state met to cast their respective final votes for president and vice president.

Lewis Rexroad and Beth Bloch represented West Virginia’s 1st and 2nd Congressional districts, while Justice himself served as the elector representing the state’s 3rd District. Paul Hartling and Gary Duncan served as at-large electors, accounting for the state’s two U.S. Senators.

The group was chosen by the state Republican Party ahead of the November election.

“In West Virginia, our electors were chosen earlier this summer in a political process by the parties. It’s up to the parties as to how the electors are chosen,” Warner explained. “So when West Virginia voters cast their ballots on Nov. 3, they were actually choosing the candidates’ electors who will cast the state’s electoral votes today.”

Warner described the West Virginia’s electoral college vote as a three-step process — with the first step taking place last week when all 55 counties and the state certified its results.

“We are about ready to engage in steps two and three. Step two is the actual individual casting of the electoral college votes,” Warner said. “And step three is the collective, that is the West Virginia certification of votes.”

Warner noted that state and federal law does not prevent so-called faithless electors from voting for a candidate who did not win the popular vote. He said, though, parties do ask electors to take an oath to cast their votes for those who won the state.

Each of the state’s five electors faithfully cast ballots for Trump and Pence. In the general election, Trump won the state by 39 percentage points over Democrat Joe Biden.

Although West Virginia’s five votes went to Trump for president, President-elect Joe Biden could take as many as 306 electoral votes nationwide — more than the 270 needed to secure the White House.

Late last week, Attorney General Patrick Morrisey signed on to a lawsuit challenging the results of the election in four highly contentious states — Georgia, Michigan, Pennsylvania and Wisconsin — brought to the U.S. Supreme Court by Texas Attorney General Ken Paxton.

The suit alleged that election processes in those states — altered because of the ongoing coronavirus pandemic — were unconstitutional. The effort garnered the support of both Justice and Warner, but the nation’s high court announced Friday evening that they refused to hear the case.

W.Va. Attorney General Morrisey Joining Texas Lawsuit To SCOTUS Over ‘Election Irregularities’

West Virginia Attorney General Patrick Morrisey says his office will join an effort that urges the U.S. Supreme Court to consider “irregularities and unconstitutional actions in this year’s election.”

The lawsuit — brought by the attorney general of Texas on behalf of the state — seeks to block the final certification of results declaring Democrat Joe Biden the winner of the presidency.

The joining of the lawsuit comes as President Donald Trump and other Republicans around the nation continue to rally behind the president’s efforts to overturn the results of the presidential election — in which Biden won with 306 electoral votes — and as states certify their results.

On Tuesday, the nation’s high court shot down another lawsuit filed by U.S. Rep Mike Kelly of Pennsylvania that argued that a 2019 state law was unconstitutional and all mail-in ballots in the past election should be thrown out.

Despite the rejection — and a string of dozens of other unsuccessful court challenges across the nation that questioned the outcome of the election — Morrisey, a Republican, will move forward in joining the suit brought forth by the Texas Attorney General Ken Paxton.

The suit from Paxton targets four closely contested states — Georgia, Michigan, Pennsylvania and Wisconsin — claiming that pandemic-era changes to election procedures in those states violated federal law. The suit asks the U.S. Supreme Court to block the states in question from voting in the Electoral College.

With guidance from Morrisey, West Virginia Secretary of State Mac Warner allowed for all registered voters to use the ongoing pandemic as a reason to request an absentee ballot and vote by mail in the general election. State officials have said there were no voting irregularities in West Virginia during the 2020 election cycle.

“Many Americans and West Virginians have seen their confidence in the electoral system undermined as they watch one report after another outlining the many, many problems with the 2020 elections. That must change,” Morrisey said Wednesday, the same day state elections officials certified the results of the general election.

Morrisey, who just won a third term as West Virginia’s chief legal officer, announced earlier this week he was quarantining after testing positive for the coronavirus and being diagnosed with pneumonia.

To date, there has been no proof of widespread election fraud in the 2020 election. U.S. Attorney General William Barr said last week that the Justice Department — including U.S. Attorneys and the FBI — uncovered no evidence of widespread voter fraud that could change the outcome of the election.

Barr’s comments dispute those from Trump, who continues to claim without proof that the election was rigged in favor of President-elect Biden.

In a Wednesday virtual news briefing, Gov. Jim Justice noted that Trump handedly won the state in the election over Biden. Trump won West Virginia with a 39 point margin of victory over the Democrat.

“We absolutely, overwhelmingly, voted for President Trump and we want President Trump to be able to have his due,” Justice said.

At the time of the governor’s daily briefing, Morrisey had not yet announced he would join the lawsuit that’s been taken to the U.S. Supreme Court, but Justice did say he would support whatever decisions the attorney general would make.

“I don’t know the particulars. I’m not a lawyer. I’m not our attorney general,” Justice said. “At the end of the day, I’m sure our attorney general will make the right moves, and I’ll support what he comes up with and everything.”

On Tuesday, U.S. Rep. Alex Mooney — of West Virginia’s 2nd Congressional District — introduced a resolution in the House that calls on GOP colleagues to support Trump challenging the election. He called for instances of fraud to be investigated and punished.

Congressman Mooney of West Virginia Calls On GOP Colleagues To Support Trump’s Efforts To Overturn Election

Republican Congressman Alex Mooney of West Virginia is calling on GOP colleagues Tuesday to support President Trump’s efforts to challenge the results of the November election.

Mooney, who represents West Virginia’s 2nd Congressional District, proposed a resolution titled “Counting Every Legal Vote.”

The effort, introduced during a call with the House Republican Conference, offers support for Trump’s post-election efforts to question the results in key states he lost and seeks to “investigate and punish election fraud.”

In a statement on Twitter, Mooney said he would offer a similar resolution to the entire House.

“I hope my GOP colleagues today choose to adopt this resolution supporting President Trump’s efforts to count every legal vote and investigate and punish election fraud,” Mooney said. “I call on my fellow colleagues in the House GOP Conference to join me in sending a strong, united message of support for President Trump. No Republican member should prematurely call on President Trump to concede before these investigations are complete.”

By Tuesday afternoon, Mooney tweeted again that the resolution had been introduced in the House. The social media post included a photocopy of the resolution.

Democrat and President-elect Joe Biden decisively won the election with 306 electoral votes — and a popular vote margin of about 7 million votes. However, Trump and his legal team mounted unsuccessful court challenges in states where the results were close.

Trump has refused to concede the election to Biden, baselessly claiming the election was rigged.

Mooney has long been a vocal supporter of Trump. In October 2019, the congressman, along with other Republicans, stormed into a secure facility where a House committee was holding meetings ahead of the president’s impeachment.

West Virginia Governor Does Not Acknowledge Biden As Election Winner

West Virginia Gov. Jim Justice on Wednesday refused to acknowledge that Joe Biden won the presidential election, four days after the race was called and despite no evidence yet from Republicans of widespread voter fraud.

“As far as acknowledging that the election is over, I do not do that,” said Justice, an ally of President Donald Trump.

He vowed to support Biden if legal challenges and any potential recounts do not change the outcome of the race call.

“If Joe Biden is truly our legally elected president of the United States, we should all celebrate and support him,” he said.

Justice spoke at his regularly scheduled coronavirus news briefing where officials decried the state shattering records for new cases. Biden’s transition team has formed a task force on fighting the pandemic and has doubled down on wearing masks and testing, two areas of common ground between the president-elect and the Republican governor.

Biden was declared the winner of the presidential election on Nov. 7 after flipping Pennsylvania, Michigan and Wisconsin.

There is no evidence of widespread fraud in the 2020 election. In fact, election officials from both political parties have stated publicly that the election went well and international observers confirmed there were no serious irregularities.

West Virginia overwhelmingly backed Trump’s reelection bid with about 69% of the vote and elected about a dozen new state Republicans to office in the recent election. Justice was reelected for a second and final term with about 65% support.

A ‘Red Tsunami’ Driven By Trump’s Popularity: What The GOP’s Dominance In West Virginia Portends For The Statehouse

While the race for President is yet to be decided, the dust has settled for other races up and down the ballot in West Virginia. It’s immediately clear that the Republican Party is fully in control of nearly every aspect of state government.

While West Virginia’s five electoral votes overwhelmingly went to President Donald Trump, and Gov. Jim Justice handedly won re-election, the GOP dominated Democrats across congressional and statehouse races. All five constitutional offices will land in the hands of Republicans, as well.

Political experts note that the shift to Republican has been happening since after the turn of the century. The GOP overtook the majority at the statehouse and has maintained it since 2014.

West Virginia Wesleyan College political science professor Robert Rupp said this week’s election showed a level of domination in West Virginia that was once reserved for Democrats.

“[The election’s] returns just verified what has happened to West Virginia’s politics in a generation,” Rupp said. “It’s gone from one of the most blue states to one of the most red states — because [it] was a red wave, if not a red tsunami.”

Republicans Take Supermajorities in West Virginia Senate, House of Delegates

That “red tsunami” that Rupp speaks of translates to even more power for Republicans in the West Virginia Senate and House of Delegates. The GOP is set to hold supermajorities in both chambers for at least the next two years.

Feeling some momentum after knocking off Senate President Mitch Carmichael, R-Jackson, in the June primary, Democrats had hoped to chip away at the 20-14 majority Republicans held in the upper chamber.

But incumbent Republicans all won their races and other GOP candidates took open seats that had been held by Democrats — allowing an even wider majority. After Tuesday’s election, Republicans are set to hold a 23-11 advantage over Democrats.

West Virginia University political science professor Scott Crichlow said he expected Democrats to take some seats in the Senate that ultimately wound up in the hands of Republicans.

“Any Democrat is going to have almost an impossible task of winning when — in large portions of the state — Trump is winning by 50 [percentage points].” Crichlow said. “I think it’s very much Trump.”

As a result of the election, the power shift in the House of Delegates will be even more dramatic.

Coming into Tuesday, Republicans held 58 of the 100 seats in the lower chamber. Democrats held 41 seats and there was a lone Independent. Following the election, Republicans are poised to take 76 seats when the legislative session rolls around in February.

Political experts like Rupp say such wide majorities should result in swift policy changes, like education reforms or tax policy changes. But he also expressed some concern over any party having such power to do so.

“The way the government was constructed was a belief in checks and balances — and the danger of a supermajority for any party is that it will use its power unchecked,” Rupp said.

What Those Supermajorities Mean For The Legislative Process

If the Republican caucuses in the House and Senate are unified, most legislative proposals should have no trouble being passed before being sent to the governor for final approval.

While bills need only a simple majority to pass each chamber, proposed constitutional amendments — which come in the form of joint resolutions — require a two-thirds majority. With supermajorities in both the Senate and House of Delegates, such proposals could be easily cleared by the Legislature before heading to a vote of the general public.

Take, for example, an effort by Republicans in recent years to repeal the manufacturing inventory personal property tax, a tax that accounts for roughly $300 million in annual revenue that goes to counties to fund public education. With Democrats having stood opposed to such a proposal, a joint resolution on the matter failed to achieve a two-thirds majority in the 2020 legislative session.

West Virginia University political science professor Scott Crichlow, the WVU political science professor, said it’s likely that the proposal may be first out of the gate in 2021.

“I mean, they clearly wanted to do it before and they certainly have the votes to do it now,” Crichlow said.

Crichlow also said he thinks policy changes under Republican supermajorities will go far beyond a repeal of that particular tax.

“I think what you definitely will see will be the things where there’s now a lot of obvious agreements [between Republicans], like changes in tax policy, which will then necessitate cuts in things like education and social services and things like that down the road,” Crichlow said.

Redistricting Could Make For Even Bigger GOP Gains in 2022

Another effect of the election is the impending redistricting of West Virginia House districts. In 2018, the Legislature approved a bill that calls for the 67-member House districts to be reformed into 100 single-member districts following the completion of the 2020 Census.

With Republicans heavily in control — which also allows them to dominate committees considering legislation — they could redraw districts in their favor.

Marshall University political science professor MaryBeth Beller thinks the supermajorities will allow the GOP to do just that — and with few objections.

“In terms of that power for redistricting — especially when we go to single-member districts — that, I think, is going to be significant, Beller said. “In other words, if we’re redistricting in such a way that the district pits two members of the minority party against one another.”

Crichlow also noted the effect a supermajority is likely to have on redistricting.

“Obviously, they will have carte blanche to do whatever they want with redistricting, which I would assume means — not sure how you can make the numbers in the House even smaller for Democrats — but I’m sure that they will do their best to do that,” Crichlow said.

Voter Turnout Attributed To Coronavirus, Trump’s Popularity

Following Tuesday’s election, the West Virginia Secretary of State’s Office said early unofficial numbers show that 787,049 registered voters cast a ballot. With just under 1.27 million registered voters, total turnout — which represents absentee ballots, early and day-of voting — translates to a 62 percent participation rate.

The ongoing coronavirus pandemic had a significant impact on turnout, at least in terms of absentee ballots. Some 144,128 ballots were returned (out of 153,773 that were requested), translating to a nearly 94 percent return rate.

But political experts in the state attribute overall turnout to Trump’s popularity here, especially considering he won the state over Democrat Joe Biden by roughly 39 percentage points.

“We basically saw [that] a highly partisan and highly energetic populist will solve the turnout question rather easily,” Rupp said.

Brittany Patterson contributed reporting to this story.

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