CHARLESTON, W.Va. — The state Supreme Court issued a 38-page opinion Thursday afternoon backing up the decision it announced Monday disallowing the candidacy of former Kanawha County Senator Erik Wells for Kanawha County clerk.
The majority opinion, authored by Justice Margaret Workman, discusses the issues of filing for office and using the petition process to gain access as an independent. Wells, a registered Democrat, was trying to use the process because he was not a candidate in the May Primary Election.
“It is undisputed that petitioner filed his certificate of announcement six months late and that when he did so, his failure to state his political party made his untimely filing also incomplete.
“We agree with respondent that this is not a ballot access case—the petitioner, a registered Democrat, had the opportunity to seek ballot access through the provisions of West Virginia Code 3-5-7 but simply failed to do so,” Workman wrote.
A handful of other general election candidates in West Virginia had planned to use the petition process to be on the ballot but since the Supreme Court announcement back on Monday they’ve been told by county clerks they will not be on the ballot.
Kanawha County Clerk Vera McCormick, who challenged Wells’ attempt and will now be unopposed in the November election, issued a brief statement Thursday:
“I was very pleased to read the opinion of the Supreme Court. I brought the petition to the Court for clarification of the Statute and this Opinion does just that. It is now time to move forward with the General Election.”
Justice Robin Davis has reserved the right to file a dissenting opinion at a later date.