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.”
INSTITUTE, W.Va. — The Institute Fire Department has called a precautionary shelter-in-place for those living in close proximity to the Catalyst Refiners plant.
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According to Kanawha County Emergency Manager C.W. Sigman said there was an incident involving an acid-based material at around 9:30 .am. Wednesday.
According to Sigman, most of the material which was spilled was inside a building and it largely contained and the shelter-in-place is precautionary.
Emergency crews are on the scene treating multiple patents at the plant. The extent of injuries is not known.
A media briefing has been scheduled for 2 p.m.
CAMC/Vandalia confirmed they were preparing for patients as is WVU Medicine Thomas Hospital where they’ve activated their Incident Command Center.
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The plant is located between Institute and Nitro. The roadway is shut down on 1st Ave S in Institute from New Goff Mountain Rd to Kilowatt Rd.
The shelter-in-place is for a one-mile radius of the plant and includes the West Virginia State University campus.
The shelter-in-place put into effect for St. Albans was lifted at 10:30 a.m.
CHARLESTON, W.Va (WCHS) — The West Virginia PSC held a public comment hearing on Tuesday regarding West Virginia American Water taking over Lincoln Lincoln Public Service District.
Only one person spoke out sharing what they’d like to see done if West Virginia American Water acquires the Lincoln PSD.
“If the company wants to get to folks who really need water, they should be looking at areas where drilling well is nearly impossible, like mine, which is actually closer to the lines than some of the places they mention in their filing. My neighbors and I live closer to the main water lines than the proposed Sugar Tree Road extension or the one and a half miles out to the campground that they plan on serving,” a Lincoln PSD customer shared during the meeting.
Lincoln PSD issued a boil water advisory on January 26th, and it wasn’t lifted until March 31st, leaving some customers not able to use what was coming out of their faucets.
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Just last year, the Lincoln County Commission voted to move forward with the dissolution of the Lincoln PSD, but, in September, the district filed a petition to stop the sale to West Virginia American Water. Soon after in November, PSC staff submitted a request asking the applicants to give specific financial information.
West Virginia American Water issued the following statement at Tuesday’s meeting:
“West Virginia American Water has been working collaboratively with the Lincoln County Commission and the Lincoln County Public Service District Board regarding the possible acquisition of the Lincoln County Public Service District. The proposal would involve the purchase of the 2,532-customer system. We appreciate the opportunity for public input and look forward to continuing to work through the Public Service Commission’s review process.”
Lincoln PSD customers received a letter in the mail this week stating that the system violated drinking water monitoring requirements. The utility noted what was done to correct the situation and added that customers are not at risk.
Customers were also alerted Tuesday night of a boil water notice tonight due to a recent inspection concluding that the utility is not currently meeting the minimum disinfection requirements for surface water facilities.
One of the best quarterbacks in recent memory to come through West Virginia, Will Grier, is approaching his eighth year in the NFL, which is quite the accomplishment for a backup. According to multiple reports early Tuesday morning, Grier is headed home, signing a free agent deal with the Carolina Panthers.
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Grier was selected in the third round (100th overall) by the Panthers in 2019 and, at the time, was viewed as someone who could potentially be the future face of the franchise. That plan got messed up pretty early as Ron Rivera was fired during his rookie season, ultimately replaced by Matt Rhule. That offseason, the Panthers decided to cut ties with Cam Newton and bring in Teddy Bridgewater, giving Carolina a completely different direction at quarterback.
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Following his second season with the Panthers, Grier was let go and began bouncing around the league. He spent time with the Dallas Cowboys, Cincinnati Bengals, New England Patriots, Los Angeles Chargers, Philadelphia Eagles, and then back to the Cowboys in 2024 and 2025.
Although he has only played in two regular season games in his career, Grier is widely viewed as a tremendous veteran quarterback who can bring depth to a room and serve as an extra voice for the starter to lean on. In this case, he and former Pitt quarterback Kenny Pickett will fill that role for Bryce Young.
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Where Grier ranks among WVU QBs in the NFL
Nov 23, 2018; Morgantown, WV, USA; West Virginia Mountaineers quarterback Will Grier (7) celebrates during the second quarter against the Oklahoma Sooners at Mountaineer Field at Milan Puskar Stadium. Mandatory Credit: Ben Queen-Imagn Images | Ben Queen-Imagn Images
Statistically, he’s not going to catch anyone unless he somehow gets thrown into a starting role at some point, but as far as longevity goes, he’s been able to stick around in the NFL longer than most former Mountaineer quarterbacks.
Geno Smith (still active) is entering his 14th year in the league, and Jeff Hostetler made it 13 years. Those are the only two WVU quarterbacks who played longer. Marc Bulger played eight years, so as long as he makes it through this season and plays in 2027, he’ll surpass him. The others? Charles Seabright (six years), Oliver Luck (four years), Pat White (one year), and Fred Wyant (one year).
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Grier will forever be remembered as one of the best to ever suit up for the Old Gold and Blue, tossing for 7,354 yards and 71 touchdowns in just two seasons in Dana Holgorsen’s offense. Following the 2018 season, he finished fourth in the Heisman Trophy voting, marking the highest finish for a Mountaineer since Steve Slaton in 2006.
