State Senate Candidate Refutes Residency Violation Claims

A claim that a state Senate candidate did not meet residency requirements and should not be on the ballot made its way to a Kanawha County courtroom Tuesday.

A claim that a state Senate candidate did not meet residency requirements and should not be on the ballot made its way to a Kanawha County courtroom Tuesday.

A complaint filed by Kanawha County registered voter Alicia Stine claims Republican Senate District 8 primary candidate Andrea Kiessling violated the West Virginia requirement that candidates must live in the state five years prior to their election.

District 8 includes Roane and Clay counties, and parts of Kanawha, Putman and Jackson.

The residency charge was first raised last week on Twitter by a District 8 opponent, former Republican state Delegate Joshua Higginbotham.

In a virtual hearing, Kiessling testified her family moved to Charlotte, North Carolina in 2012 for a better business opportunity for her family. Attorney Anthony Majestro asked Kiessling about her home and car purchases, business dealings and tax returns. She told Majestro she filed state and federal tax returns form 2012 until 2020 in North Carolina.

Kiessling testified that North Carolina was never a permanent home, she had dual residency and she was always laying the groundwork to return to central West Virginia, which she did in 2020.

“We always planned to move back and return to West Virginia,” Kiessling testified. “That was always the intention. My husband and I saw North Carolina in our business opportunities there as a means to an end. We needed to put things in place in order to be able to return to West Virginia, which was always always the plan.”

She also testified that she voted in North Carolina during those years, unaware that only a state resident can legally vote.

“I didn’t necessarily have that thought attached to why and when I voted. I voted because I wanted to vote,’ Kiessling said.

In a separate interview conducted after the hearing, Kiessling told West Virginia Public Broadcasting her intentions and actions while in North Carolina exhibited dual state residency.

“I took my pet to the vet, my local vet, in West Virginia, I continued to go to my dentist, and my children saw doctors in West Virginia,” Kiessling said. “I’m a shareholder at local businesses in West Virginia, I was very much involved in my family’s business. The list goes on. I remained a member of my church, all during the time I was in North Carolina. So I very much remained very well connected to West Virginia, and again, split my time between the states where I was running and operating businesses in and West Virginia.”

Kiesslnig said she and her campaign team knew the residency requirements before she decided to run for office, and felt any problems with driver licenses or voter registration were technicalities

“When I moved to North Carolina in 2012, for the businesses that we were pursuingI had to update my driver’s license,” Kiessling said. “And therefore my voter registration which was attached to the updating of my driver’s license, since that point in 2012. I have not updated my driver’s license or therefore my voter registration. I am a busy mom.”

Kanawha County Circuit Judge Duke Bloom asked for briefs of conclusions and relief from both parties – and from the Secretary of State’s office. He’s expected to make a ruling by the end of the week.

Justice Attorneys File Residency Brief In W. Va. Supreme Court

Lawyers representing West Virginia Gov. Jim Justice filed a brief with the state Supreme Court of Appeals on Friday, regarding accusations Justice is violating a state constitutional provision by not taking up the governor’s mansion as his primary residence.  

West Virginia’s constitution requires the governor and all five other elected constitutional officers — secretary of state, attorney general, auditor, treasurer and agricultural commissioner — to “reside at the seat of government during [his] terms of office.”  

While the governor’s mansion is at 1716 Kanawha Boulevard East in Charleston, Justice has admitted to living almost two hours south in Lewisburg, Greenbrier County.  

The brief filed Friday is the latest installment in a 18-month saga starting in June 2018, when Del. Isaac Sponaugle, D-Pendleton, first filed a complaint in Kanawha County Circuit Court requesting a writ of mandamus on the matter. 

Sponaugle filed two more petitions until the court finally accepted his third filing that December.  

Since then, Justice’s attorneys have fired back, claiming the word “reside” comes with a vague definition. In a news release, Justice said former acting U.S. Attorney General George Terwilliger was part of the legal team that filed the latest brief with the state Supreme Court.  

Justice appointed three of the current justices on the state’s highest bench — Tim Armstead, Evan Jenkins and John Hutchison — to fill vacancies left by justices caught up in a scandal last year related to lavish spending. Armstead and Jenkins each won in a 2018 special election to finish their respective terms.  

“The governor’s duty to ‘reside’ at the seat of government is vague and undefined, and necessarily implicates executive decisions as to where and how the governor spends his time on any given day,” the brief says.  

Because that decision is an “executive decision,” the attorneys go on, the whole matter merits ‘separation of powers’ and doesn’t need judicial involvement. The brief requests the supreme court dismiss Sponaugle’s request “with prejudice.”  

After Justice’s motion to dismiss was denied in July 2019, his attorneys requested Kanawha County Circuit Judge Charles King certify a list of questions for the state Supreme Court of Appeals to consider regarding the debate. The Associated Press reports King denied the motion in October

At that August hearing when King considered the questions, Sponaugle said the case was significant because it demonstrates a disregard for state law by Justice. 

“It starts there and floods down from there, onto various issues,” Sponaugle said in August. The legislator was unavailable for immediate comment Friday evening, saying he needed time to review the brief.  

West Virginia Ranks Fourth in Out-of-State Moves for United Van Lines

A national moving company says West Virginia ranks high when it comes to people moving out of state.

The ranking is contained in the annual “Migration Study” compiled by United Van Lines. The study is based on the St. Louis moving company’s business in the U.S.

The Daily Mail reports that the state ranked the fourth highest in the “high outbound” category. That involves residents who moved out of state.

New Jersey had the highest percentage off outbound moves last year. It was followed by Illinois and New York.

West Virginia’s fourth-place “high outbound” ranking was down a notch from last year.

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