Candidate Looks for Stay While Appealing Campaign Finance Decision

Supreme Court Justice Brent Benjamin has filed for a stay in his case over state public campaign finance dollars.

On Friday, a Kanawha County Circuit judge ruled the State Election Commission had erred in awarding Benjamin the public monies last month and reversed the decision to award Benjamin the money.

The lawsuit was filed by fellow Supreme Court candidate Beth Walker who had challenged Benjamin’s qualifying donations before the SEC. 

In the filing requesting the stay, Benjamin asks the judge to delay the effects of his ruling while the campaign files an appeal with the West Virginia Supreme Court of Appeals. The filing says there is little precedent for the court to follow because the statutes setting out the public campaign financing code are so new and haven’t been challenged. 

As of Tuesday afternoon, no appeal had been filed with the Supreme Court. 

Walker has also filed suit over the qualifying donations approved by the SEC that were entered by another Supreme Court candidate, Bill Wooten. That case is still pending in Kanawha County Circuit Court. 

State Election Commission Reviews Objections to Campaign Contributions

The State Election Commission, led by Secretary of State Natalie Tennant, has taken up objections to individual contributions for Supreme Court candidates seeking public campaign financing.

The commission reviewed 155 challenges to contributions to Justice Brent Benjamin’s campaign Wednesday. Those challenges all came from his campaign opponent Beth Walker.

Benjamin is attempting to obtain state public campaign financing for his 2016 re-election bid. The statute creating Public Campaign Financing requires that at least 500 contributions of $100 or less be gathered by candidates before they are eligible to receive the nearly $500,000 in additional funding from the State Election Commission.

2012 was the first year that candidate for the Supreme Court could apply for this public funding, but the only candidate to file, now Justice Allen Loughry, did not have any challenges to his contributions.

Secretary of State Natalie Tennant said because there is no precedent is important that the commission gets it right.

“This is very important. Public financing is so important for the state of WV,” Tennant said. “Here we have to opportunity again to elect a Supreme Court justice under the public financing system that we have. We already have a sitting justice who was elected using public financing. I personally think as a citizen of WV, as the Secretary of State, I have seen the benefit of public financing.”

The State Election Commission will meet again Thursday to discuss an additional 365 challenges to the Benjamin campaign’s contributions.

GOP Asks State Supreme Court to Fill Ballot Spot

  Kanawha County Republicans have filed a challenge with the West Virginia Supreme Court to fill an empty House of Delegates ballot slot.

Marie Sprouse-McDavid and the Kanawha County Republican Executive Committee filed the challenge Monday. It targets Secretary of State Natalie Tennant and state Election Commission members.

Last month, the Election Commission denied Republicans’ request to fill a 35th District ballot vacancy left by GOP Del. Suzette Raines’ withdrawal last month. Sprouse-McDavid would run instead.

Raines said she needed time to heal after her mother’s death in March and the end of her engagement. She’s completing her term.

A legal complaint by state Democrats alleged Raines doesn’t live where she claims. It said she didn’t file or sign certain paperwork.

Commissioners said Raines’ extenuating circumstances didn’t suffice under election law.

Panel: No Replacing Withdrawn W.Va. GOP Candidate

The State Election Commission won’t allow a replacement for a Republican delegate who withdrew from the November election.

With GOP Delegate Suzette Raines off the ballot, Wednesday’s decision gives Democrats an edge in the 35th House district. Four Democrats and three Republicans will vie for the four Kanawha County seats. Write-in candidates are possible.

In Monday’s withdrawal, Raines said she needed time to heal after her mother’s death in March and the end of her engagement.

Commissioners didn’t think her extenuating circumstances sufficed under election law.

State GOP Chairman Conrad Lucas called the decision sad for the democratic process. He said the party is exploring legal options.

State Democrats had filed a complaint alleging Raines doesn’t live where she claims. It said she didn’t file or sign certain paperwork.

Panel Could Decide to Replace Withdrawn Candidate

The State Election Commission will hear a request by the Kanawha County Republican Executive Committee to replace a delegate who withdrew her re-election bid.

A meeting to consider replacing Del. Suzette Raines on the November ballot will happen Wednesday. The five-member board would need to vote to give permission.

Raines withdrew from the District 35 race Monday. She said she needed time to heal after her mother’s death in March.

The Kanawha GOP would need to name a replacement by Aug. 18.

The state Democratic Executive Committee filed a complaint against Raines in Kanawha County Circuit Court on July 21. The complaint alleged Raines doesn’t live where she claims.

It also alleged that Raines hasn’t filed several campaign finance reports or a financial disclosure report, and didn’t sign previous disclosures.

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