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State’s attorney says precedent favors system in Blankenship case

 

CHARLESTON, W.Va. — A Huntington attorney hired to represent the state in its case defending the sore loser law believes his position will prevail. Don Blankenship believes the law is unconstitutional and should be struck down. . Under legislation in West Virginia, Blankenship, the former Massey Energy CEO would not be able to run for the U.S. Senate in November.

Blankenship lost in a three way race between himself, Evan Jenkins, and eventual GOP Candidate Patrick Morrisey in the May primary election. Since Morrisey is the sitting Attorney General his office was forced to hire Marc Williams as the outside legal council for the case.

Blankenship was drafted earlier this year as the U.S. Senate candidate for the West Virginia Constitution Party. However, there is expected to be a challenge of his candidacy from the state’s “sore loser law” which prohibits a losing candidate from switching parties to for the express purpose of running in the general election. According to Williams that’s exactly what has happened.

“West Virginia essentially limits the ability of an unsuccessful candidate to switch parties and run for the same office with another party,” said Williams. “There was an amendment passed this year that further clarifies this and it’s clear it applies to the certificate nomination process, which is how Blankenship is trying to get on the ballot with the Constitution party.”

Blankenship, in a press release, called the so called “Sore Loser Law” unconstitutional. He is poised to challenge the law on the grounds it violates a right for a citizen to seek public office.

“The politicians are in fact allowing some so-called ‘sore losers’ to run as members of certain political parties this fall. Yet they intend to argue that I cannot either as an Independent or a member of the Constitution Party.” Blankenship noted in a recent press release. “Again politicians are so full of themselves that they lose sight of the fact that seeking their political party’s endorsement or nomination and not getting it does not constitute an act that takes away an American’s equal right to seek election to a public office.”

Logistics of the challenge are the next big hurdle according to Williams. Under the election laws, Blankenship can submit petitions to the Secretary of State to get on the ballot. The process involves first qualifying that enough of those signatures are valid. Williams expected afterward the sore loser law would be cited and a court challenge likely filed. Williams thought the state is in a strong position to prevail.

“Most courts will show a lot of deference to the ability of the state to regulate elections and frankly to draw distinctions of the requirements for major parties and minor parties,” Williams added. “The legislature has the right to regulate elections and there’s great deference show to the legislature in their ability to control elections with appropriate rules.”

Logistics and time are now key to the process. Both sides agree the matter is likely going to be settled in court, but Williams said the clock is ticking since the ballots for the election need to be submitted to the printers by August.





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