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July hearing set for senator’s challenge of election results • West Virginia Watch

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July hearing set for senator’s challenge of election results • West Virginia Watch


A hearing has been scheduled in the case of a West Virginia senator challenging the results of the primary election, which he lost.

Sen. Chandler Swope, R-Mercer, filed a challenge to the election results in seven Mingo County precincts after losing the Republican primary to opponent Craig Hart. 

The hearing will be at 9 a.m. July 18 at the Mingo County Courthouse.

In a notice filed earlier this month, Swope said he intends to challenge all votes cast in seven precincts in Mingo County. He requested to examine poll books across the county and reserves the right to amend the challenge to include additional precincts if irregularities are found. 

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According to the West Virginia Secretary of State’s Office, Hart won 75% or 2,152 votes in Mingo County, while Swope captured 364 and former state Del. Eric Porterfield had 344. 

In total, Hart won the election with 4,847 votes amounting to about 40%, while Swope had 4,384 votes, or approximately 37%. Porterfield had 2,633 or 22% of the votes. 

Swope’s challenge includes four affidavits and an unsworn letter from Mingo County voters alleging irregularities with the primary election. 

Based on the voter accounts and a Republican turnout of more than 70% percent in 12 of 28 precincts, compared with an approximately 47% Republican turnout for the county during the 2020 primary, Swope’s challenge says it appears many Mingo County voters were improperly given a choice about which primary they wanted to participate in, rather than being given the ballot of their respective party registration. 

“These issues span multiple precincts, and in all likelihood, explain the unusually high number of Republican ballots submitted,” Swope’s challenge said. 

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In a joint motion, Swope and Hart requested a procedural hearing around July 1 to discuss procedural issues ahead of the July 18 hearing. They noted that both have filed Freedom of Information Act requests with the Mingo County Clerk’s Office.

Anthony Majestro, a Charleston attorney representing Hart, said the Mingo commission has agreed to allow them to review the poll books Friday to see if it’s mathematically possible for Swope to win the election in the challenged precincts.

Majestro said Swope’s challenge of specific precincts raises issues of disenfranchising people who correctly voted and possibly affecting other races. Swope’s argument about the high percentage of Republican votes cast in the primary is misleading, Majestro said, because it does not take into account independent voters, the number of which have increased in the past few years as the number of registered Democrats has declined. 

According to the West Virginia Secretary of State’s office, in April 2020, Mingo County had 3,291 registered Republicans, 12,691 registered Democrats and 1,987 independent voters. As of April 2024, the county has 5113 registered Republicans, 7,202 Democrats and 2,295 independent voters. 

“It shouldn’t surprise anybody that the independents are voting in the Republican primary rather than the Democratic primary, because there were no contested races in the Democratic primary …no local races contested,” Majestro said. 

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Swope was one of four West Virginia senators to lose seats during the primary election last month. 

Mingo County Commission President Nathan Brown did not immediately return a call seeking comment. 

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West Virginia

West Virginia man accused of threatening Trump, ICE agents indicted

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West Virginia man accused of threatening Trump, ICE agents indicted


A West Virginia man accused of threatening to attack President Donald Trump and U.S. Immigration and Customs Enforcement workers was federally indicted this week.

Cody Lee Smith, 20, of Clarksburg was indicted on two counts of threats to murder the president, one count of influencing and retaliating against federal officials by threat of murder and one count of influencing a federal official by threat of murder, according to a news release from the U.S. Attorney’s Office for the Northern District of West Virginia.

Smith is accused of making a series of public posts on Instagram encouraging and threatening the murder of Trump, those who support him, Israelis and “all government officials,” the news release said.

The indictment also alleges that Smith sent a direct message via Instagram to Donald J. Trump, Jr., stating he would kill his father by cutting his “jugular.”

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In a phone call with the ICE tip line, Smith also threatened to kill ICE agents in Clarksburg and employees staffing the tip line.

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Smith faces up to 5 years for each of the presidential threat charges and faces up to 10 years in federal prison for each of the remaining counts.



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West Virginia

West Virginia falls flat in 65-63 loss to Kansas State – WV MetroNews

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West Virginia falls flat in 65-63 loss to Kansas State – WV MetroNews


West Virginia has said the right things about the need to capitalize on opportunities.

The Mountaineers aren’t following through when they come about.

The latest example came Tuesday night at Kansas State, which scored 21 unanswered points in the second half before holding off a furious West Virginia charge for a 65-53 victory at Bramlage Coliseum.

“The level of urgency and desire to win a game with so much on it wasn’t where it needed to be,” West Virginia head coach Ross Hodge said on postgame radio.

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The Wildcats (12-18, 3-14) played without leading scorer PJ Haggerty, a surprise scratch with an undisclosed injury.

Although WVU (17-13, 8-9) defeated Kansas State 59-54 with Haggerty in the lineup during a January matchup in Morgantown, the Mountaineers were unable to capitalize on his absence in the rematch and fell to 1-4 in their last five games.

Both teams were dismal offensively in the opening half, which ended with West Virginia leading, 26-23.

The Mountaineers got 10 points apiece from reserve forwards Chance Moore and DJ Thomas, helping the visitors to at least somewhat overcome a starting lineup that scored six points on 3-for-15 shooting over the first 20 minutes.

“When you’re playing a team that is a little down and out, you can’t give them life and can’t give them hope,” Hodge said. “We had so many opportunities in the first half and at the beginning of the game to make some plays and entice a team that’s been struggling to maybe keep struggling.”

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After a scoreless first half, WVU guard Honor Huff made his 100th three-pointer this season with 18:33 to play, allowing the Mountaineers to lead 31-27.

West Virginia went the next 8-plus minutes without a point, and Wildcats took control during that stretch.

Khamari McGriff scored the Wildcats’ first four points of the extended 21-0 spurt and accounted for four buckets and eight of the first 15 points during that time.

A jumper from CJ Jones with 10:53 remaining left the home team with a 48-31 advantage, before Thomas scored from close range to end his team’s extended drought at the 10:27 mark.

“I’m aware of our shortcomings and I understand when you’re deficient in some areas, your margin for error to win is razor thin,” Hodge said. “I’m disappointed with what was at stake, we got beat to loose balls. Would it have been nice to make more layups and threes? Of course. But when those things aren’t happening, you better do those other things.”

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KSU had separate 19-point leads, the latter of which came at 57-38 when McGriff made two free throws with 7:29 to play.

WVU then increased its aggressiveness offensively and reeled off the next 11 points, while the Wildcats began to play tentative while in possession.

A three-pointer from K-State’s Nate Johnson left the Wildcats with a 60-49 lead with 3:48 left, but the Mountaineers continued to battle and trailed by six when Chance Moore scored in the paint at the 1:24 mark.

Moore’s next basket made it a five-point game, and after a Johnson turnover, Huff made two free throws to bring WVU to within 61-58 with 48 seconds left.

Another KSU turnover gave the visitors the ball back, but after Moore missed a shot that the Mountaineers rebounded, Huff committed a costly turnover. 

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Johnson made two free throws with 17 seconds left, and McGriff added two more with 7 seconds remaining before Huff made a trey at the buzzer.

Moore led WVU with 18 points and made 6-of-7 shots, but again struggled on free throws, finishing 5 for 9. WVU hurts its cause at the charity stripe and made only 9-of-16 attempts.

Brenen Lorient was the Mountaineers’ second-leading scorer with 14 second-half points, while Thomas followed with 12 and Huff added 11 on 3-for-11 shooting.

Treysen Eaglestaff led all players with 11 rebounds in defeat, but made only 3-of-12 shots in a six-point showing.

McGriff led KSU with 18 points and added seven rebounds.

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Johnson finished with 16 points and nine boards.

WVU had nine of its 13 turnovers in the second half. 

“Nine turnovers in the second half creates more busted floors, more cross match opportunities and through that, it makes you vulnerable for paint touch opportunities,” Hodge said. 

K-State played under the guidance of interim head coach Matthew Driscoll. Driscoll replaced Jerome Tang, who was fired in between the team’s first and second matchups with West Virginia this season.

“Sometimes in life you get what you deserve,” Hodge said, “and we deserved to lose tonight.”

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Nitro completes utility deal with West Virginia American Water – WV MetroNews

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Nitro completes utility deal with West Virginia American Water – WV MetroNews


NITRO, W.Va. — It’s a done deal.

Nitro Mayor Dave Casebolt signed an agreement Tuesday with West Virginia American Water Company President Scott Wyman completing the sale of the Nitro Regional Wastewater Utility including the sewer plant for $20 million.

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The water utility will now own and operate the city’s water and wastewater systems. The state Public Service Commission recently approved the deal.

Casebolt said it’s good to get the long-talked-about agreement signed. He said the city can’t afford to make the improvements required at the sewer plant.

“We’re looking at needing between 40 and 50 million dollars of upgrades to our system and expecting our four-thousand customer base to try to offset those costs is not even practical,” Casebolt said.

Casebolt said sewer bills are going to go up but he said they were going to go up regardless. He said the city was facing increasing rates by as much as 50 percent.

West Virgina American is planning $42 million in upgrades to the sewer system over the next five years, Casebolt said.

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“It’s a much-need investment and actually allow the system to handle rainwater much better where it’s not backing up into people’s homes,” Casebolt said.



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