CHARLESTON, W.Va. — The state Supreme Court is being asked to clear the way for a fourth Republican candidate to be included on the November ballot in Kanawha County’s 35th House District.
On Monday morning, the Kanawha County Republican Executive Committee and Marie Sprouse-McDavid, the candidate the committee chose to replace Kanawha County Delegate Suzette Raines (R-35), filed a lawsuit with the state Supreme Court against the State Election Commission.
After Raines withdrew from the race in August citing personal reasons, including the ongoing effects of her mother’s death, the State Election Commission found no extenuating circumstances that would have kept Raines from serving, if she had been reelected in November.
For that reason, the State Election Commission denied the Kanawha County Republican Executive Committee’s attempt to name a replacement.
Sprouse-McDavid, who finished fifth in a four-seat Republican race in the May primary election, filed to run anyway and she is currently campaigning as a write-in candidate–pending action from the state Supreme Court.
“She was duly appointed by the Kanawha County Republican Executive Committee as a replacement for Del. Raines and the State Election Commission has been very firm saying it’ll take a court order for them to comply with the law and that’s exactly what we’re seeking,” said Conrad Lucas, chairman of the West Virginia Republican Party.
In Monday’s filing, the Kanawha County Republican Executive Committee and Sprouse-McDavid argued the following:
“The State Election Commission (“SEC”) was clearly wrong in denying the request of the KCREC to fill the vacancy of Del. Raines for the November 2014 ballot. As the withdrawal request of Del. Raines was confirmed for plainly compelling personal extenuating circumstances the SEC had, and has, a duty to permit the KCREC to fill the vacancy of Del. Raines on the November 2014 ballot.”
The full court filing came on the first day after a mandated 30-day lawsuit notice period ended.
On Monday’s MetroNews “Talkline,” Lucas said allowing Sprouse-McDavid on the ballot is “the right thing to do.”
“This is a situation where a group of individuals of one party is fighting very hard to prevent citizens of Kanawha County, residents of the 35th District, from having the opportunity to fully choose their own representation,” Lucas said.
“We have to stand up and fight for that very right because that’s why our nation exists.”
The Nov. 4 general election is six weeks from Tuesday. Currently, there are four Democrats and three Republicans seeking four seats in the state House of Delegates’ 35th District.