Absentee Ballots Returned Update Released

The Secretary of State’s office has logged 7,511 votes already cast via absentee ballot in West Virginia’s November general election, according to the first 2024 General Election Turnout Report released today.

The Secretary of State’s office has logged 7,511 votes already cast via absentee ballot in West Virginia’s November general election, according to the first 2024 General Election Turnout Report released today.

These returned absentee ballots compose about half of the total 15,750 absentee ballots already requested in the state. Registered voters may request an absentee ballot through October 30.

The Secretary of State’s update did not include any returned ballots for Pleasants and Mineral counties. Pleasants and Mineral county clerks did not immediately return requests for comment.

Common reasons to vote absentee include physical disability or travel outside your county on election day. Absentee ballots must be returned to your local county clerk in-person by November 4 or postmarked by November 5. Visit govotewv.com for a full list of qualifying reasons to vote absentee and more information on how to vote.

The Final Cost of Special Session

The second Special Session of the West Virginia Legislature ran from Sept. 30 to Oct. 8. In all, 26 bills classified as new “supplemental appropriations” passed both chambers, amounting to a total $498,315,838.

The second special session of the West Virginia Legislature ran from Sept. 30 to Oct. 8. Ultimately, legislators passed 37 bills, including the major items Gov. Jim Justice pointed to before the first call: a two percent income tax rate cut, reduced from 5 percent on an amended Oct. 7 call; and a child care tax credit.

These were the only two completed bills to include fiscal notes. The childcare tax credit has an estimated $4.2 million loss in revenue, which covers this entire fiscal year, with eligibility starting from July; and the 2 percent personal income tax cut, effective Jan. 1, 2025, has an estimated $18.4 million loss in revenue this fiscal year and $46 million in the next full fiscal year.

The other major goal of the session was to move money to state programs. In all, 26 bills classified as new “supplemental appropriations” passed both chambers, amounting to a total $498,315,838.

A table of the supplemental appropriations that passed both chambers during the second special session of the 2024 West Virginia Legislature. *Note: SB 2009 and SB 2010 are “inadvertently” listed twice, but the Total Supplemental Appropriations value is accurate.
Credit: West Virginia Legislature;

Other policy bills dealt with nuclear regulation, rerouting charter school funding applications, allowing funding for broadband expansion, decreasing unnecessary reserves for the Treasurer’s office, non-municipal fire fees, and approving opioid treatment program clinical trials.

Outside of supplemental appropriations, one bill also increased an existing appropriation to the maintenance for the State Road Fund by $150 million.

In all, legislators considered 47 unique bill topics. Most had counterparts in the other chamber — with the exception of one Senate bill to appropriate $15 million to university repairs, which passed; and four House bills aimed at additional childcare programs, which did not pass.

Each day a special session is called outside of interim meetings, it costs an estimated $35,000 per day, according to West Virginia Senate Director of Communications Jacque Bland. The session began on Sept, 30, then adjourned until the three previously scheduled interim meetings days Oct. 6 to Oct. 8, with floor sessions and committee meetings scheduled between.

Justice signed 20 bills on Oct. 10, with the remaining 17 awaiting his signature.

Incomplete Legislation

Del. Kayla Young, D-Kanawha, was the sponsor on four childcare bills, along with other House Democrats. The first proposed appropriating $4.6 million to the Department of Human Services’ Office of Child Care Development. The second outlined a $1,000 refundable child tax credit for all who qualify for a federal child tax credit; the bill would have cost an estimated $287.5 million per year. The third would have created a refundable tax credit at 50 percent of the federal child and dependent care tax credit. The fourth would have made all child care program employees who work at least 20 hours a week eligible for the DHS child care subsidy program. All stalled in committees.

Other incomplete legislation included: 

Two bills related to organizing and administering the state’s finances — one to reorganize the Municipal Bond Commission and another to change codes around bonded indebtedness — introduced on Justice’s Oct. 7 amended call also failed to make it to his desk.

A bill that would appropriate $300,000 towards four new rotunda statues failed to progress during the special session. One sticking point was it would have removed the statue of U.S. Sen. Robert C. Byrd. The legislature did, however, pass a resolution to send a Hershel “Woody” Williams statue to the U.S. Capitol.

Creditors Once Again Advertise Sale Of The Greenbrier

After averting the sale of the Greenbrier in August, Jim Justices’ family’s hotel is slated to be foreclosed on again. 

The hotel is scheduled to be sold on the Greenbrier County Courthouse steps on Oct. 25 at 2 p.m. The Justice family has until the day before the sale, Oct. 24, to make a $24 million payment to avoid the sale of the property. 

At a regular administration briefing, in which he was asked multiple questions about the hotel his family owns, Justice said this is all procedural and he is currently in good standing. 

“You know, we have, we’ve got a good relationship and we’re on track,” Justice said. “All this will be taken care of, just as it’s supposed to be retired and taken care of by the 24th of the month.” 

The August Announcement

This all started after Chase Bank sold a multimillion dollar loan for the Greenbrier to a collections bank known as Beltway Capital, that specializes in real estate. Beltway’s subsidiary, McCormick 101, announced that it would sell the property on the county courthouse steps on Aug. 27. A few days before the sale, the Justice family made an agreement with the bank. 

“Under the agreement, Beltway Capital will receive a specific amount to be paid in full by Oct. 24, 2024 with which Justice has already secured this funding. Beltway reserves its rights if the Justice family fails to perform,” said an email from Justice companies on Aug. 22. 

The Hotel Employees

The Greenbrier employs around 2,000 employees during peak season. Those employees’ jobs hang in the balance between both this possible closure and the last one in August. 

“All of a sudden, you’re in a situation where 2,000 employees are going to basically be destroyed, and you don’t know what in the world to do,” Justice said while explaining that he feels that he and his family have been mistreated in the business dealing surrounding the hotel. 

Justice has made allegations that the sale of the property by Chase Bank was politically motivated, and that he previously had a good relationship with the bank. Representatives for the bank have reiterated the Justice family missed multiple payments, and was not in good standing.

In August, Greenbrier employees were notified that they could lose their health insurance due to the Greenbrier Hotel Corporation’s nonpayment. The Greenbrier ultimately made a deal with the healthcare company, and the employees maintained their healthcare coverage. 

Greenbrier Won’t Be Managed By Omni

Justice has also dismissed rumors prevalent on social media that the hotel was going to be bought or managed by Omni Hotels.   

“There is no way that Omni is buying a part of the Greenbrier or going to run the Greenbrier,” Justice said. “There is no way. There is no discussion. There has been no discussion. And I don’t know why in the world, we run with rumors that the rumors”

W.Va. Commerce Secretary To Step Down

Almost two years after taking office, James Bailey is stepping down as secretary of the West Virginia Department of Commerce.

Updated on Thursday, October 10 at 3:10 p.m.

Almost two years after taking office, James Bailey is stepping down as secretary of the West Virginia Department of Commerce.

Bailey’s final day in office is Oct. 18. He is leaving his current position to practice law in the private sector, but told West Virginia Public Broadcasting he remains “extremely grateful for the opportunity” to oversee economic projects in the Mountain State.

“I had the most rewarding experience possible serving the people of West Virginia,” he said.

Gov. Jim Justice appointed Bailey to the role in December 2022. He had served as acting secretary since July 2022, following the retirement of his predecessor, C. Edward Gaunch.

At the time of his appointment, Bailey was 35 years old, making him the youngest active cabinet secretary in the state.

He managed an array of state agencies and commissions with a total budget of more than $420 million in 2023. He oversaw budgetary decision-making, financial planning and business recruitment efforts across the state.

Before leading it himself, Bailey served as deputy secretary of the Department of Commerce from August 2021 to July 2022, while concurrently serving as general counsel for the West Virginia Departments of Commerce, Tourism and Economic Development.

Bailey also previously served as an assistant prosecuting attorney in Kanawha County and counsel to the president of the West Virginia Senate.

Justice announced Bailey’s coming departure during a virtual press briefing Thursday.

“He’s done a great job,” Justice said. “We wish him the absolute best of the best.”

Justice’s office announced in a Thursday afternoon press release that Nick Preservatti will serve as acting secretary of the Department of Commerce until Bailey’s successor is appointed. Preservatti currently serves as executive director of the West Virginia Office of Energy.

**Editor’s Note: This story was updated to note that Nick Preservatti was named acting secretary of the West Virginia Department of Commerce, which was announced after its publication.

Child Care Tax Credit Crosses The Legislative Finish Line

A bill that would give parents whose children are in child care a tax break was passed by the Legislature and heads to the governor’s desk. 

The Childcare Tax Credit Bill could give the average Mountain State family $265 off of their state income taxes.

To put that in perspective, it would offset 1-2 weeks of the cost of child care for one child.

Sen. Micheal Oliverio, R-Monongalia, said this tax credit is a small step in the right direction, but the legislature needs to do more to attract young families to the state and help those already here.

“We are among the oldest per capita states in the country, what we desperately need are young people here, young people with families will help us curb that demographic cliff that we’re looking at,” he said. “And so I just see that investment in child care as a way to help us get there.”

Sen. Mike Woelfel, D-Cabell, who also voted for the bill and authored many child care bills during the regular session that never made it to the finish line. He said the state needs to do more, and could do more. 

“We’ve proven that time and time again, we’re spending $300,000 on some statutes for some unknown reason,” Woelfel said. “I mean, the money is there if somebody pushing the buttons thinks that’s a priority.”

Currently there is a lack of child care in the state with many families on waitlist, with 20,000 spots needed in the state. 

Legislature Sends Tax Cut To Governor’s Desk

The House of Delegates passed the Senate’s revised bill to cut income tax rates by 2 percent Tuesday after Gov. Jim Justice amended his special session call from a 5 percent income tax cut to a 2 percent income tax cut.

Updated on Oct. 9 at 3:15 p.m.

The House of Delegates passed the Senate’s revised bill to cut income tax rates by 2 percent Tuesday after Gov. Jim Justice amended his special session call from a 5 percent income tax cut to a 2 percent income tax cut.

The Senate passed the 2 percent cut Monday, and the House debated the bill 40 minutes.

“Although I had publicly said that I was all in favor of 5 percent obviously my counterpart in the Senate has emphatically said no,” Del. Vernon Criss, R-Wood, said, referencing Sen. Eric Tarr’s, R-Putnam, opposition to the 5 percent cut. “So as we go along through the exercise of legislation, we have gotten a new message from the governor to do a 2 percent cut.”

Del. Mike Pushkin, D-Kanawha, introduced two amendments: one that would increase the tax cut back to 5 percent and another that would require permanent foster care placement for all children in the state within 30 days after the 2 percent cut was passed. The House rejected both.

“The average working class West Virginian’s maybe going to get like 40 cents a week, not a whole lot for a 2 percent income tax cut,” Pushkin said.

Republicans in the House voiced support for a tax cut to directly return money to West Virginians, compromising with the Senate’s version.

The fiscal note for the bill lists the cost of the tax cut at $46 million upon full implementation. Secretary of Revenue Larry Pack, part of the governor’s office, told the House Finance Committee Sept. 7 that the 2 percent cut could be funded with $19 million from a paid-off bond and $25 million is from cost-saving measures after breaking up the Department of Health and Human Resources.

The Department of Human Services referred WVPB to the Governor’s office when asked for cost-saving details.

**Editor’s Note: This story was updated to include the bill’s fiscal note and correct the total cost of the bill to $46 million and DHS’ response.

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