CHARLESTON, W.Va. — The West Virginia Republican Party notified the state Monday that it plans to file a lawsuit in connection with a November General Election ballot dispute.
The GOP along with the Kanawha County Republican Executive Committee believes the state Election Commission erred when it refused to allow House of Delegates member Suzette Raines to be replaced on the ballot.
Del. Raines, R-Kanawha, withdrew from the November vote earlier this month. The commission decided there wasn’t compelling evidence to replace Raines. The Kanawha County Republican Party ignored the decision and forwarded the name of candidate Marie Sprouse-McDavid to the Secretary of State office. That office said the name would not be placed on the ballot unless a court ordered it to do so.
The WV GOP said Monday it plans to file a petition for a Writ of Mandamus claiming the state Election Commission “applied an impermissible standard of review in considering the request” from the Kanawha County GOP committee.
“It is very clear that the will of the people is to have a full slate of candidates on the November ballot,” WV GOP Chairman Conrad Lucas said in a news release. “It is also clear that Secretary of State Natalie Tennant and the State Election Commission did not apply well established precedent and objective case law regarding this matter.”
As it stands now, the 35th Delegate District race has four Democrats and three Republicans running for four seats.
State code requires a 30-day notice before a lawsuit can be filed against the state. The GOP is asking the notice requirement to be waived