West Virginia’s Democratic Party wants the state Supreme Court to weigh in over a House of Delegates move to vacate a seat won by a Berkeley County man who is now confined at his home on charges that he threatened people who would have been his legislative colleagues.
The filing by Democrats contends the House of Delegates acted inconsistently by vacating the seat won by Joseph de Soto since he was among seven elected delegates who were not present to take the oath of office on an organizational day last week — but he was the only one knocked out in perpetuity.
De Soto was elected as a Republican but changed his political affiliation to Democrat the day before he was arrested. Democrats say West Virginia precedent means a Democrat should be named to fill the seat.
Mike Pushkin
“This is not just about one seat,” said Mike Pushkin, 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.”
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The writ of mandamus filed with the West Virginia Supreme Court names House Speaker Roger Hanshaw, R-Clay, and Gov. Patrick Morrisey, each in their official capacity.
Debate broke out on the House floor a week ago, Jan. 8, over whether the proper, constitutional procedure was being followed as the seat won by de Soto was vacated.
mugshot of Joseph Desoto
De Soto was arrested in December and charged with making threats of terrorist acts, referring to statements he is accused of making to several delegates. He is listed as a pre-trial felon.
Because de Soto was not present with most other delegates to take the oath of office last week, he was not seated.
Members of the House of Delegates then went a step farther by introducing a resolution to declare the seat vacant. Conceivably, that would allow a new representative to be selected prior to the start of the 60-day regular session on Feb. 12.
The vacancy was declared on the grounds of Article XI, Section 16 of the West Virginia Constitution. A key portion of that section says: “Any member who shall refuse to take the oath herein prescribed, shall forfeit his seat.”
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Debate among some delegates then focused on whether de Soto’s failure to take the oath of office because of the arrest and home confinement constitutes refusal to do so.
That’s a point that the Democratic Party has asked the state Supreme Court to resolve.
A question being directed to the justices is “Whether the House of Delegates can declare vacant the seat of a duly elected, qualified, and ready-to-serve delegate for reasons related to misconduct.”
Another question has focused on the party of the delegate to be appointed to replace de Soto. The final line of the resolution designates the Republican Executive Committee of Berkeley County to begin action on the vacancy.
The rational of the Republican supermajority in the House is that because de Soto was never officially seated, the fact that he had registered as a Democrat weeks prior to this would have no bearing on the situation.
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The Democrats are seeking clarity from the Supreme Court.
They are asking justices if a person holding the office immediately preceding a declared vacancy in a House of Delegate seat would include a person who was duly elected, assumed office on Dec. 1 following the election, as provided in West Virginia state code, but who had not yet taken the oath of office.
The Berkeley County Democratic Executive Committee says it has gone ahead and submitted this list of qualified nominees for Governor Morrisey’s consideration:
David Michaels – Hedgesville, WV
Stephen Willingham – Hedgesville, WV
Timothy Lee – Inwood, WV
“It’s imperative that the law and the constitution be followed in this matter,” said Tammy Offutt, chair of the Berkeley County Democratic Executive Committee.
“We expect the Governor to respect the clear requirements of West Virginia law by appointing one of the three above-named individuals to fill the 91st Delegate District seat.”
Matt Herridge
State Republican Party Chairman Matthew Herridge responded by saying, “The West Virginia Republican Party is concluding its legislative vacancy nomination process for the 91st District this week, and that will be submitted to Governor Morrisey for his appointment.”
BRIDGEPORT, W.Va (WDTV) – West Virginia lawmakers continued working as the Saturday midnight deadline approaches.
Senate Action
The Senate passed 12 bills, including one requiring adult content websites to use age verification to block minors. Senators also passed a bill creating a Cold Case Task Force.
House Bill 49-90, targeting gift card crimes, and House Bill 54-37, the Vape Safety Act, also passed unanimously. All four bills now go to the House for concurrence.
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Delegates passed Alyssa’s Law, allowing teachers to wear mobile alert buttons that notify 9-1-1 and trigger a school lockdown in emergencies. The bill is named after a victim of the 2018 Parkland shooting.
Bill 4005, which clarifies jobs prohibited for workers under 16 — including bar work and logging — also passed. Both bills now head to Governor Patrick Morrisey’s desk.
Senate Bill 4 would require bystanders to stay at least 30 feet from first responders.
Senate Bill 75 would allow West Virginia law enforcement to cooperate with officers in bordering states. A bill from the Education Committee would allow teachers with at least 15 years of experience to become certified as school principals.
For more legislative coverage, go to our website at wdtv.com.
The West Virginia Mountaineers (10-3) welcome the Maryland Terrapins (10-5) to Kendrick Family Ballpark Tuesday afternoon the first encounter between the two programs since 2023 and the first meeting in Morgantown since 2018. The first pitch is set for 2:00 p.m. EST and the action will stream on ESPN+.
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The Mountaineers captured their fourth consecutive series of the season after taking two of the three games from Columbia over the weekend. West Virginia sophomore Matt Ineich and senior Brodie Kresser both blasted grand slams during the series. Ineich lifted WVU in game two with a walk-off grand slam in the 10th in game two, and Kresser ignited a 16-1 rout, capping a six-run second inning in the series finale.
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Gavin Kelly leads West Virginia at the plate with a .436 batting average with a Big 12 leading nine doubles. Ineich and senior Paul Schoenfeld has raked in a team-leading 16 RBI apiece, while senior Matthew Graveline has clubbed a team-high three home runs.
On the mound, West Virginia is expected to start sophomore David Hagen. The right-hander has made four appearances on the season, including one start. He last started in the home-opener against Ohio where he pitched two scoreless innings and recorded a strikeout to collect his first win of the season. He holds a 1.00 ERA with five strikeouts on the season.
After starting 3-4, Maryland is 7-1 in its last eight games. The Terrapins won two of three at UNC Wilmington in the season opening series, followed by a midweek win against Georgetown before getting swept at Louisiana. The Terps bounced back with a pair of midweek wins versus Delaware and swept a one-win Wagner team.
Junior Brayden Martin is batting a team-best .443 to go with four doubles and 12 RBI. Redshirt freshman Ryan Costello leads the Terps in home runs (9) and RBI (21) and is third in batting average at .328, while freshman Ty Kaunus has a team-high seven doubles and has .269 batting average.
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Maryland is scheduled to start freshman Nic Morlang. The right-hander has four appearances on the season, including four starts. He allowed five earned runs in his appearances, coinciding with his two starts, in six innings of work. In his last two appearances in relief, He’s allowed one earned run on five hits.
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West Virginia leads the all-time series 8-5, including a five-game winning streak over Maryland.
MORGANTOWN, W.Va. — Multiple law enforcement agencies responded to a series of parties in Morgantown over the weekend.
Morgantown police officers, West Virginia University Police and state police responded to reports of overcrowded parties, underage drinking, physical altercations and multiple injuries.
Morgantown Communications Director Brad Riffie said several citations were issued for open containers and underage consumption.
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Two large parties were dispersed and six arrests were made without incident.
None of the reported injuries are believed to be serious or life-threatening.
The Morgantown Fire Department assisted in the operations.
