West Virginia’s Key Primaries, The Race For The Supreme Court And The Divide Over Absentee Voting

Before the coronavirus made its way to West Virginia and delayed the state’s primary, the upcoming election was already shaping up to be one of the most closely watched in recent years. 

With the election now moved to Tuesday, June 9, the spotlight has remained on some races, while each party has taken strong positions when it comes to absentee mail-in voting. 

West Virginia Wesleyan College political science professor Robert Rupp said the upcoming primary stands out for a few reasons.

“One is we’ve moved the date. And second of all, we’re changing the method we vote by [making] this big push for absenteeism,” Rupp said. “So it’s a historic primary in many ways — and because of the virus, it’s been underreported and hardly seen.”

Gubernatorial Primaries Pivotal For Each Party

Rupp points to each party’s gubernatorial primary as being a pivotal moment in the state’s political history — namely, because incumbent governors are rarely challenged within their own party. 

Gov. Jim Justice is one exception to that rule, with former state commerce secretary and businessman Woody Thrasher and former Del. Michael Folk among the top challengers running to win the GOP nomination.

Rupp said Justice has some “baggage” coming into the Republican primary because the billionaire businessman-turned-politician was elected as a Democrat in 2016 before switching parties seven months into his term. Further, an ongoing lawsuit claims that Justice has violated a constitutional mandate that the governor must reside in the state capital.

“I’m going to be looking to see if that baggage is going to make a surprise in the primary — because he’s a very unusual governor in this state,” Rupp said.

But Rupp said the race for the Republican nomination for governor isn’t the most intriguing aspect of this year’s primary for the state’s top office. That, he said, comes from the other side of the aisle — with eight Democratic candidates in the race.

“The fact is that the Democratic Party is in the middle of an identity crisis,” Rupp said. “If Republicans have to decide if they want to keep the current Republican governor, Democrats have to decide which way they’re going. Are they reformist with a revolution? What should the party do since it obtained minority status?”

Top contenders in the race for the Democratic nomination are Kanawha County Commissioner Ben Salango, community organizer Stephen Smith, and physician and state senator Ron Stollings. 

Salango has the backing of state Democratic stalwart U.S. Senator Joe Manchin. Smith is running a grassroots, small-dollar fundraising campaign that promises sweeping social reforms for the state. And Stollings, touting his experience in state government, has positioned himself as a moderate. 

As President Carmichael Gets A Challenge, GOP Touts Party Strength

Rupp said the gubernatorial primaries are the main races to watch, but he points to other marquee figures in the state’s political sphere that are facing challenges within their own parties. Most notably, the president of the state Senate.

“Mitch Carmichael is being challenged in the Republican primary. This shouldn’t be happening, according to history or textbook,” Rupp said.

Carmichael, who drew the ire of West Virginia teachers over the past two years as he pushed for charter schools and other controversial education reforms, is running against Del. Jim Butler for the 4th Senatorial District. 

Butler has positioned himself as more conservative than Carmichael — taking aim at Carmichael’s push for a “last dollar in” grant program for community college and expressing tepid support for equal rights for LGBTQ communities.

While political parties are timid when it comes to weighing in on their own primaries, West Virginia Republican Party executive director Byron Fisher said the GOP has continued to pick up momentum since taking control of the statehouse in 2014, evidenced by a long list of candidates in the 2020 primary. 

Part of that, Fisher said, is President Donald Trump’s big win here in 2016.

“Republicans were already moving — West Virginia was already moving that way — when President Trump was elected,” Fisher said. “So I think it’s his popularity. But it’s also the values that the policies that he and the Republican Party espouse and seek to implement.”

Fisher also noted that Republicans have a candidate on the ballot in all races, except for three seats in the House of Delegates. 

“It is a sign of a strong, vibrant, growing party. But we have a lot of candidates interested in the office of Governor or any office that we have that’s contested,” Fisher said. “It means that the nomination is something worth having and the Republican Party in West Virginia is strong.”

Non-Partisan Supreme Court Races Get Partisan Influence

The West Virginia Republican Party is closely watching the three open seats on the state Supreme Court that will be decided this upcoming election, Fisher said. While those races are non-partisan, the state GOP has endorsed three candidates: current Justice Tim Armstead, Fifth Judicial Circuit Judge Lora Dyer and Putnam County Assistant Prosecuting Attorney Kris Raynes. 

“I don’t think it’s necessarily partisan, but there is a certain view that does seem to fall down partisan lines,” Fisher said of the races.

Campaign finance reports reflect a partisan influence on the races for the state’s high court. 

The Republican State Leadership Committee’s Judicial Fairness Initiative has spent more $300,000 to support Armstead, Dyer and Raynes. That independent expenditure committee, which donates money to support or oppose candidates without coordinating with a campaign, also has spent more than $430,000 to oppose former Justice Richard Neely.

Another such group, Re Set West Virginia, has spent more than $790,000 trying to influence the races for seats on the state’s high court, supporting current Justice John Hutchison, former Justice Neely and Thirteenth Judicial Circuit Judge Joanna Tabit. The group has sought to remove  Justice Armstead.

Democrats worry the non-partisan Supreme Court races — which will ultimately be decided in the June 9 election — will be confusing for some voters.

“In my books, there’s no such thing as non-partisan. And we absolutely identify who the Democrats in those races are.” West Virginia Democratic Party chair Belinda Biafore said. 

Before West Virginia made its judicial races non-partisan in 2016,  judges and candidates clearly identified with one party or another, a system Biafore said worked much better.

“The only way that voters really had a way to gauge who would be a good Supreme Court justice or a magistrate or judge was to know if they were a Democrat or Republican,” Biafore said. “Because knowing how they were registered would give you a good idea of knowing what they stood for and what values and things were important to them.”

Democrats Eye November Races, Hope To Chip Away At Republican Statehouse Majority

Biafore said Democrats are watching  Republicans in the state Senate and how races have already shaped up for November, including the seat currently occupied by Senate Education Chair Patricia Rucker, R-Jefferson.

“I think the voters over there felt like she doesn’t listen to what they have to say when it [comes] to charter schools,” Biafore said of Rucker. “They were not in favor of them — but yet she did everything in her power to make sure that that passed — and I think that she lost touch with folks over there.”

Jefferson County Sheriff Pete Dougherty, a Democrat, is running against Rucker for the state’s 16th Senatorial District. Both are uncontested in their respective primaries and will face off in November. 

But Biafore said she and the Democrats are closely watching other Republicans primary races, especially Carmichael’s.

“He’s at the top of our list, should he even make it through the primary,” Biafore said. “But, we’re looking at taking him out.”

Parties Split On Absentee Mail-In Voting

While each party looks forward to seeing who will make the ballot come November, another ideological battle is brewing this election cycle: expanded absentee voting because of the ongoing coronavirus pandemic. 

Following President Donald Trump’s lead, Republicans across the country are taking issue with the widespread implementation of absentee voting through mail.  Fisher, for one, questionedthe integrity of widespread use of the practice.

“There are reasons why people vote absentee. And so that is certainly valid. But in terms of this upcoming election, we’re really encouraging people encouraging Republicans to vote early in person or vote on Election Day in person, if at all possible,” Fisher said.

West Virginia’s chief elections officer, Secretary of State Mac Warner, recently sent allegations of mail-in fraud to the state’s U.S. Attorneys for further investigation. Details of the alleged fraud scheme are scant at this point and U.S. Attorneys Mike Stuart and William Powell have offered no insight as to what, if any, charges may be brought.

As the battle over absentee mail-in voting continues, Biafore argues the practice has been around for some time and works just fine.

“The real disappointment I find is that the governor and the Attorney General and the Secretary of State also worked with the county, the state chairmen, and came up with this plan, introduced this plan and now, all of a sudden, it’s not a good plan,” Biafore said. “I think that’s unfortunate.”

West Virginia Wesleyan’s Rupp said voters should expect to see more nontraditional ways of voting being used in the future. He said the squabble over absentee voting misses the true intent of our election system and democracy in general. 

“My belief is that within 10 years, we’ll probably not only be voting by mail, we’ll probably be doing it online — if we have the technology to do it,” Rupp said. “Because the key isn’t showing up on Election Day. The key is a referendum that is honest for voters to express their opinion.”

The deadline to submit an application for an absentee ballot is Wednesday, June 3. Those mail-in ballots must be postmarked by Election Day, Tuesday, June 9. Early voting starts Wednesday, May 27, and runs through the Saturday before the election.

 

January 13, 1941: Matthew Neely Inaugurated Governor of West Virginia

Matthew Neely was inaugurated governor on January 13, 1941—one of many political career changes for the Democrat stalwart.

The Doddridge County native opened a law practice in Fairmont in 1902. After serving as Fairmont’s mayor and in the legislature, Neely was elected to the U.S. House of Representatives in 1913 and moved on to the Senate in 1922. He was bumped out of office by the Republican landslide of 1928 but returned to the Senate two years later.

Meanwhile, Neely was building one of the most powerful political machines in state history. During the 1930s, state Democrats split into two groups: one with pro-business lines and a more liberal faction with union support. Neely led the liberal faction and successfully launched the careers of many like-minded Democrats.

When Neely gave up the Senate for the governorship in 1941, he soon regretted the move. After only one year in office, he ran for the Senate again but was defeated.

He served out the remainder of his four-year gubernatorial term and later returned to both the U.S. House and Senate, dying in office in 1958 at age 83.

W.Va. GOP Shares Mixed Reactions to Justice Flip

Democratic Gov. Jim Justice’s announcement that he was switching parties came around 7:30 Thursday night, but word of his departure had already been leaked to national outlets like The New York Times and the Associated Press, and it wasn’t long before members of both parties from the top down made their thoughts about the decision known.

“Many of his agenda items have been smaller government, lower taxes, lower regulations, and so we’re pleased that he’s seen fit to join the party,” Republican Senate President Mitch Carmichael said before the announcement Thursday.

Carmichael and Justice found common ground during the legislative session on reforming the state’s tax code.

Both pushed to drastically cut West Virginia’s personal income tax to incite economic growth, but that was after Justice pushed a plan to increase taxes and create $450 million in new state revenue. 

Republican House Speaker Tim Armstead said Thursday the governor’s previous proposals are at least one reason Justice will have to prove he truly has conservative values. 

“The mere fact that he changes his registration doesn’t make him a Republican,” Armstead said. “Pursuing Republican policies is what makes a person a Republican.”

Armstead and members of his caucus refused to compromise with Justice and Senate Republicans on tax reform initiatives during the state’s extensive special session. 

While the Speaker said he welcomes the governor to the party and looks forward to working with him, he also said it will take a shift in Justice’s leadership style to get his members on board. 

“I think he has this belief that if he is a registered Democrat, then all the Democrats need to just go and do what he wants them to do,” he said. “I hope he doesn’t believe that that’s what’s going to happen as a registered Republican, that we’re all just going to go lockstep in whatever he says.”

 

The move has massive implications for the West Virginia Democratic Party which has slowly been losing control of state and national offices over the past decade. 

 

Former Democratic Senate President and gubernatorial candidate Jeff Kessler laid the blame of current hardships at the feet of the current party chair, Belinda Biafore. 

 

“If I was Belinda Biafore, I would step aside and resign because she threw all in with him. Turned her back on other, more progressive, lifelong Democrat members to support a recent turncoat and now he’s turncoat on them and run hightail from them,” Kessler said. “So, it’s time, I think, for a complete change of our Democratic Party.”

 

Biafore said in a written statement Thursday that Justice lied to the people of West Virginia and took advantage of Democrats by “taking our money and our votes.”

 

Standing by Justice’s side as he made the announcement in Huntington, Pres.Trump welcomed the flip. The two have been compared in the past—both self-styled conservative businessmen who appeal to the working class, but the parallels between them were only intensified with the party change.

 

Both Republicans hold executive branch offices with legislative majorities and conservative-leaning courts, but both will continue to face challenges from factions within their own party as they work toward accomplishing their policy priorities.

Women’s March on Capitol Grounds: 'We Want our Voices Heard'

About 2,800 people gathered outside the Capitol in Charleston on Saturday, Jan. 21, to show their support for women’s equality one day after President Donald Trump’s inauguration.

The march was one of roughly 600 “sister marches” to the Women’s March on Washington in Washington, D.C., which was organized as a march for women’s equality as well as for other marginalized groups. Hundreds of thousands of people attended the Women’s March on Washington.

More than 1,000 people RSVP’d to the Charleston march online. According to event organizers, approximately 2,800 people participated in Saturday’s march at the West Virginia State Capitol. 

Credit Joni Deutsch/ WVPB
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The event was organized by several groups, including the American Civil Liberties Union of West Virginia, the West Virginia Citizen Action Group and West Virginia Focus on Reproductive Education and Equality.

"I'm here so that my daughter has what she needs to have a good life. Everybody has the right to love who they want to love and raise their children the way they want to raise them to be healthy and safe." -march participant Jessica Ball.

“Everything that we’ve been fighting for for years I think is at stake here,” said one of the marchers, Mary Bolton, who lives in Institute, West Virginia. “As an African American mother and grandmother, I’m concerned about the state of affairs in our country. I’m concerned about the rhetoric, and what our current president has unleashed in our society. And I am determined to have a voice and to educate and to help other women, men and children turn this tide around.”

Although most of the marchers were women, men also participated in Saturday’s march, saying they were there to support women’s rights, and equality for all people.

Many women brought their children to the march, including Jessica Ball, of Barboursville, West Virginia, who marched with her 12-year-old daughter, Ireland Grace Ball.

“I’m here so that my daughter has what she needs to have a good life,” Ball said. “Everybody has the right to love who they want to love and raise their children the way they want to raise them to be healthy and safe.”

Ball is a social worker, and she said she would like to see people be able to keep their health care under a Trump presidency.

Many women at West Virginia’s march also said affordable health care was a major issue for them. Other issues that brought women to the event were concerns for a safe and healthy environment for their children, and fair rights for LGBT individuals.

West Virginia Democratic Party Chairwoman Belinda Biafore also released a statement on Saturday.

“They always say you never know someone’s struggles until you walk a mile in their shoes. While today marks an unfathomable act of togetherness, we need to be sure we’re bringing this energy, determination and fight home with us,” she wrote in an email. “We need to grab our clipboards, our walking shoes and we need to fight for the future of West Virginia. We can’t give up and we can only do the most good for West Virginia and her people if we do it together.”

According to the Associated Press, more than 1 million people rallied at women’s marches in the nation’s capital and cities around the world on Saturday.

GOP Group Buys $500,000 in Attack Ads in West Virginia Governors Race

A Republican group has bought $500,000 in TV attack ads against West Virginia Democratic candidate for governor Jim Justice.

The Republican Governors Association announced the ad Tuesday, putting its investment in the race at more than $1 million.

It’s the first round of attacks against the billionaire businessman on TV by Republicans.

The group bought $555,200 in ads supporting Republican Bill Cole before the May 10 primary. Cole, the state Senate president, was unopposed in his gubernatorial primary.

The new ad mentions issues with layoff notices and workers’ compensation payments at some of Justice’s coal mines.

The Justice campaign responded that special interests are trying to prop up Cole’s losing campaign.

Justice’s campaign called him one of the good coal operators, pointing at his United Mine Workers of America endorsement.

West Virginians Switch Political Parties in Large Numbers

Many West Virginians have been switching which political party they are affiliated with.The Charleston Gazette-Mail reports the most people have switched…

Many West Virginians have been switching which political party they are affiliated with.

The Charleston Gazette-Mail reports the most people have switched from Democratic to Republican as the 2016 primaries have neared.

Data from the West Virginia Secretary of State’s office shows that statewide, 7,706 people switched from Democrat to Republican and 1,507 people went from Republican to Democrat.

All numbers have increased compared to 2012 data. In Kanawha County, the number of voters switching from the Democratic Party to the Republican Party quintupled. In Putnam County and the state as a whole, it quadrupled.

There are three major, potential reasons for the increase in party changes — the ease of switching parties online, the state’s transition to a Republican state and the rise of presidential candidate Donald Trump.

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