West Virginia Democratic Party sues to block GOP replacement for de Soto
CHARLESTON — A legal fight is brewing over whether to appoint a Republican or a Democrat to the West Virginia House of Delegates seat previously held by Joseph de Soto after the former delegate-elect switched parties prior to facing felony charges for threatening fellow lawmakers.
The West Virginia Democratic Party announced Wednesday that it has filed a writ of mandamus with the state Supreme Court of Appeals seeking the high court to require Gov. Patrick Morrisey to select a replacement for de Soto from three names submitted by the Berkeley County Democratic Executive Committee following a vote on Jan. 8 by the House to consider de Soto’s 91st District seat forfeited.
“This is not just about one seat,” said Del. Mike Pushkin, D-Kanawha, chairman of the West Virginia Democratic Party. “This is about defending the rule of law and ensuring that the people of District 91 have their rightful representation in the House of Delegates. The actions taken by the House of Delegates undermine the integrity of our democratic process.”
The mandamus lawsuit – which names House Speaker Roger Hanshaw, R-Clay, and Morrisey – is requesting that the Supreme Court require the House of Delegates to either seat de Soto as lawfully elected delegate for the 91st District and administer the oath of office as soon as de Soto is able to appear in the House Chamber as required by the state Constitution, or require Morrisey to accept the three placement recommendations for de Soto as submitted by the Berkeley County Democratic Executive Committee.
Read more at: https://www.newsandsentinel.com/news/local-news/2025/01/west-virginia-democratic-party-sues-to-block-gop-replacement-for-de-soto/