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.

“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.”

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.

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.”

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.

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:

1. David Michaels – Hedgesville, WV
2. Stephen Willingham – Hedgesville, WV
3. 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.”

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.”

The Health Resources and Services Administration (HRSA), an agency within the U.S. Department of Health and Human Services (HHS), recently announced a $60 million investment in 125 HRSA-funded community health centers that serve nearly 4.2 million people to expand their hours of operation to improve access to health care services.

Community Care of West Virginia received $500,000 in funding.

Health centers receiving this new funding will add an additional 20 hours of operation a week on average to support the critical clinical and administrative staff necessary to add early morning (before work), night and weekend hours.

Since health centers see patients regardless of their ability to pay, this expansion of operating hours will be particularly critical for people who are uninsured, underinsured, or have Medicaid coverage and struggle to find affordable care outside of traditional business hours and cannot afford expensive visits to urgent care, retail clinics or emergency departments. This funding will also help health center patients with common challenges in accessing health care such as taking a child to the doctor after work or getting a timely appointment when not feeling well on the weekend. It will help connect patients to preventive services and resources for health-related social needs to improve health outcomes. Many patients currently forgo care altogether in these circumstances, putting their health at greater risk and leading to more expensive visits to emergency departments when conditions get more serious.

“No one should have to delay or skip a trip to the doctor because of work or school. The millions of Americans who can’t miss their daytime work shift, whose kids are in school, who have limited child care, or who face transportation challenges deserve the same access to quality care,” said HHS Secretary Xavier Becerra. “These investments will help to extend operating hours, especially for patients in rural or underserved communities nationwide. I’m proud to be part of an Administration that leaves nobody behind.”

“Today’s action is another example of the Biden-Harris Administration taking action to address the challenges families face in getting health care services,” said HRSA Administrator Carole Johnson. “Having the option to get to the doctor before or after work or on the weekend not only helps families get the care they need, but it also helps relieve some of the stress and burden on families trying to arrange care. HRSA’s investment is expanding access to care in a way that recognizes the day-to-day realities of working families across the country.”

HRSA-supported health centers provide access to primary care services — regardless of an individual’s ability to pay — for over 31 million patients at more than 15,000 service sites in high need communities. More than 90 percent of health center patients have incomes below 200 percent of the Federal Poverty Level.

For a list of the awardees, visit: https://bphc.hrsa.gov/funding/funding-opportunities/expanded-hours/fy-25-awards

To find a health center, visit: https://findahealthcenter.hrsa.gov

The West Virginia Mountaineers (13-3, 3-2) host the Colorado Buffaloes (12-4, 3-2) for game two of the season series and the second ever meeting between the two schools.

West Virginia vs. Colorado Series History

Colorado leads 1-0

Last Meeting: Colorado 65, West Virginia 60 (Dec. 21, 2024, Boulder, CO)

Last Meeting: OSU 68, No. 24 WVU 61 (Feb. 27, 2024, Stillwater, OK)

When: Wednesday, January 15

Location: Morgantown, West Virginia, WVU Coliseum (14,000)

Tip-off: 7:00 p.m. EST

Stream: ESPN+

Announcers: Nick Farrell and Meg Bulger

Radio: Andrew Caridi (PBP) Mountaineer Sports Network from Learfield IMG College(Radio affiliates)

WVU Game Notes

– Frida Forman paces Colorado’s scoring production, averaging 13.9 points per game, while two more Buffs average double figures in Lior Garzon (11.5) and Jade Masogayo (12.6). Sara Smith leads with 6.3 rebounds per game and Kindyll Wetta leads the team with 6.1 assists and 1.9 steals.

– Colorado’s two losses in league play come on the road to then No. 11 TCU and RV Baylor and both came by double digits. CU adds two more league wins, defeating UCF and Kansas at home in their last two contests.

– Senior guard JJ Quinerly (18.3), junior guard Jordan Harrison (14.2) and junior guard Sydney Shaw (12.5) pace the Mountaineers scoring production this season. Harrison’s 5.1 assists per game leads WVU and ranks 8th in the Big 12. Senior guard Kyah Watson has grabbed 7.6 rebounds per game which ranks sixth in the Big 12 while her 3.1 steals per game ranks second and Quinerly’s 3.2 steals per game is first.

– The Big 12’s leaders in steals last season, Watson (50), Quinerly (38) and Harrison (31), are at it again this season averaging over two steals per contest. Junior guard Sydney Shaw and Senior guard Sydney Woodley have also gotten in on the action with 32 and 29 steals this season, giving WVU five players with 29+ steals through 16 games.

– The Mountaineers have forced 15+ turnovers in every game this season, including 20+ in 13 games to average 25.7 per game. The mark ranks fifth in the nation. The Mountaineers have forced 30-plus turnovers in five games, including a season-high 44. WVU ranks second in the nation with 14.8 steals per game and holds a +9.5 turnover margin.

– West Virginia is averaging 80.3 points per game while outscoring their opponents by an average of 28.4 points.

– Quinerly currently sits 11th in points at 1,638, and behind WVU Hall of Famer Liz Repella (2008-11) with 1,641. She also ranks 4th in steals with 279 and is just another Hall of Famer in Rosemary Kosiorek (1989-92) with 293.