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Morrisey says Supreme Court should reject Democrats’ legal challenge over House seat • West Virginia Watch

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Morrisey says Supreme Court should reject Democrats’ legal challenge over House seat • West Virginia Watch


West Virginia’s attorney general says the Supreme Court should reject state Democrats’ legal challenge over a House of Delegates seat. 

Gov. Patrick Morrisey has already appointed a Republican to fill the seat of Joseph de Soto, who was elected in November as Republican but registered as a Democrat shortly before he was arrested for allegedly threatening to kill House Speaker Speaker Roger Hanshaw and several other delegates. 

The state Democratic Party argued that House Republicans, who voted to vacate de Soto’s seat, didn’t follow the proper Constitutional procedure and that there was legal precedent that the seat should go to Democrats due to de Soto’s party switch. They asked the Supreme Court to weigh in on the issue, naming Morrisey in the filing

In a new filing, State Attorney General JB McCuskey said the House of Delegates has the Constitutional authority to determine the qualifications of its members. House Republicans said de Soto wouldn’t be able to be sworn in due to his status on home confinement, prompting them to vacate his seat.

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“Because the State Constitution vests the House with exclusive authority to judge its members’ qualifications, this Court has no authority to second-guess the House’s judgment that Mr. de Soto isn’t qualified to serve,” said McCusky, who submitted the filing on behalf of Morrisey. “Even if the Court had that authority, the House got it right when it found Delegate-Elect de Soto forfeited his seat.”

McCuskey, a Republican, also said that the state Democratic Party had no standing to sue Morrisey “because he didn’t cause their alleged harm, can’t fix their alleged harm, and has no duty to do what petitioners want.”

In response to the latest filing, state Democratic Party Chair Mike Pushkin, who is also a House of Delegates member, said the facts in the case support their side. 

“Morrisey doesn’t argue the merits of the law in his response because he knows the law is on our side,” Pushkin said. “The facts are simple, Republicans followed the law in the past when it benefited them but now, when it doesn’t, they simply choose to ignore it.  That is an insult to the rule of law and the constitution.”

The House resolution vacating de Soto’s seat ordered the Republican Executive Committee of Berkeley County to provide a shortlist of candidates to Morrisey for appointment to the seat.

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The Republican governor appointed Ian Masters, an attorney and gun rights activist, to fill the seat for the 81st district, which represents a part of Berkeley County. The Regular 60-Day Session begins Feb. 12.

De Soto, who is from Gerrardstown, won a three-candidate Republican primary race last spring, winning against incumbent Don Forsht, R-Berkeley in the 91st district. There was no Democratic candidate in the November general election, but he faced competition from a Constitution Party candidate. 

There are nine Democrats in the 100-member House after November election results.



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West Virginia

Storms pack a punch, but leave West Virginia largely intact – WV MetroNews

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Storms pack a punch, but leave West Virginia largely intact – WV MetroNews


CHARLESTON, W.Va. — A lot of West Virginia residents started the day with a nervous eye on their weather app. In Charleston, audible sirens echoed up and down the Kanawha Valley amid tornado warnings and severe thunderstorm activity. The National Weather Service triggered emergency alerts on cell phones and radio broadcasts were constantly interrupted by the automated voice of the weather service offering detailed information about where the next potential for catastrophe was expected to land.

Despite the heightened concern, mother nature largely spared the state, at least for now.

“We received a significant amount of thunder and lightening and some heavy downpours, but in terms of damage we only had some downed trees and power outages. We’re pretty fortunate in that regard,” said Steve Wykoff, Homeland Security and Emergency Management Director for Upshur County.

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The worst of the winds passed through central West Virginia from Wood County over into Ritchie, Tyler, Doddridge, Lewis, Upshur, and Webster Counties. However, there were no reports in the afternoon of any significant damages.

The activity in the Charleston area was similar.

“So far we’re not seeing much damage. We do have a bunch of power outages and trees down, but no reports of any homes damaged or anything like that,” said C.W. Sigman, Director of Emergency Management for Kanawha County.

Social media burned up with videos and photos of an ominous cloud over Fayette County. However, the Emergency Services director there, Jack Kincaid, said there wasn’t anything to speak of with regard to the damages.

“We had reports of a weird cell that formed in the Babcock area, but we haven’t had any reports of damage,” he explained.

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Joe Curtis at the National Weather Service said they had no reports of any touchdowns.

“We did have some tree damage, but that was a result of straight line winds. So far, no reports of any damage,” said Curtis in an appearance on MetroNews Talkline.

The intense storm activity was followed by flood watches and warnings. Small streams and creeks came out of their banks, but the high water, for the moment, hasn’t reached any homes across the southwestern counties of the state.

Officials suggest people stay vigilant since more intense weather activity is expected this evening and overnight into Friday.

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West Virginia

W.Va. issues state of preparedness ahead of storms

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W.Va. issues state of preparedness ahead of storms


CHARLESTON, W.Va. (WSAZ) – The National Weather Service is predicting high winds and heavy rain across West Virginia with the potential for power outages and floods.

“Having that heightened awareness makes a big difference,” West Virginia Gov. Patrick Morrisey said.

The governor issued a state of preparedness for all 55 counties on Wednesday, urging agencies to get ready as many are still recovering from historic floods.

“We want people to be on standby because then we can actually act very quickly, and what happened with the last flood is we were prepared, we got out front very, very early,” Morrisey said.

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He said every weather event is different. To prepare, teams with Emergency Management, State Police, the Department of Transportation and the National Guard are just some of the agencies on standby.

“We may actually formally organize having emergency management teams come together under the same roof, and you might have someone who’s managing looking at the weather that’s going on. You have someone who’s tracking all the reports coming in from the counties,” Morrisey said.

Depending on the aftermath and severity of the weather, Morrisey said the state is prepared to get involved.

“Sometimes if you have flooding, you’re gonna have high high water. You have to wait for that water to come down before you clear the debris in an area, so there are just steps along the way that you wanna make sure that people are ready to do.”

Morrisey said the western part of the state is expecting heavy rain, and the state of preparedness for all 55 counties lasts until Sunday.

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The governor and the state’s Emergency Management Division are asking everyone to follow any instructions from your local officials and stay up to date on conditions.



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Morrisey puts all 55 counties under state of preparedness with heavy rain possible – WV MetroNews

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Morrisey puts all 55 counties under state of preparedness with heavy rain possible – WV MetroNews


CHARLESTON, W.Va. — Gov. Patrick Morrisey has placed all 55 counties under a state of preparedness as a weather system with a lot of rain is expected to set up in Ohio.

The flood watch includes West Virginia counties. (Graphic/NWS)

“I am urging all West Virginians to heed weather warnings over the next few days as severe storms make their way across the state,” Morrisey said in a Wednesday news release. “As we continue to monitor developments, I have directed all state agencies and resources to prepare to respond as needed.”

The National Weather Service has placed Wayne, Cabell, Mason, Jackson, Wood, Pleasants, Tyler, Putnam, Wirt and Ritchie counties under a flood watch from Wednesday evening through Sunday morning.

NWS Meteorologist Simone Lewis said it’s possible the weather system could shift toward the south which would bring additional West Virginia counties into play. She said It will be damp and sometimes stormy in most of the state for several days even if the heaviest rain stays to the west.

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“There will be periods of showers and thunderstorms that will contain heavy downpours at times,” Lewis said.



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