Ninety-nine members of West Virginia’s House of Delegates have some tough decisions to make about whether one of their elected colleagues should actually serve.
Joseph de Soto, who was elected to the House from a Berkeley County district, was arrested last week and charged with making threats of terrorist acts, referring to statements he is accused of making to several delegates. He is listed as a pre-trial felon.
De Soto was elected as a Republican and then changed his registration to Democrat the same week he was arrested. He has not yet been seated to serve in the House of Delegates, which is supposed to gather Jan. 8 for officeholders to be sworn in and to elect the chamber’s leadership positions.
Speaker Roger Hanshaw, R-Clay, made clear during an appearance on MetroNews’ “Talkline” that the House of Delegates has authority to refuse to seat a member despite the election results.
Hanshaw said he cannot speak for what position the entire House of Delegates might take on the situation. But Hanshaw said his personal view is that the allegations against de Soto are strong enough that he should forfeit the privilege of representing his district in the House.
“As a voting member of the body myself, I would vote in support of refusing to admit to the body anyone who has made threats of physical violence against another member,” Hanshaw said.
A criminal complaint specified that threats were made against Hanshaw and delegates Michael Hite, Pat McGeehan, Chuck Horst and Bill Ridenour. The complaint also described threats against delegates Wayne Clark and Joe Funkhouser. All are Republicans.
This happened after a confrontation over whether deSoto had misrepresented key aspects of his biography and after delegates questioned his fitness to serve in the upcoming legislative session. The criminal complaint alleged deSoto became very upset and said he was going to kill delegates.
“When asked what he meant by using the word ‘kill,’ he advised that God had called him to kill them,” according to an investigating officer’s narrative in the criminal complaint.
Hanshaw said threats of violence cross the line of how elected representatives should behave with one another.
“I just want to say as loudly and clearly as I can say it, that’s not the manner in which the people’s elected officials and public representatives could or ever should be allowed to conduct themselves,” Hanshaw said, “and we’ll hold each other to that standard.”
Seated or not seated
De Soto was elected to serve during the next gathering of the state Legislature. He won a three-candidate Republican primary race last spring and then faced only competition from a Constitution Party candidate in the general election.
Members of the House of Delegates could have an official vote to remove de Soto from his office if he were sworn in. Or, if he is not sworn in, there could be a process to end his eligibility to serve.
The state Constitution says, “Any member who shall refuse to take the oath herein prescribed, shall forfeit his seat; and any member who shall be convicted of having violated the oath last above required to be taken, shall forfeit his seat and be disqualified thereafter from holding any office of profit or trust in this state.”
In 2007, the House of Delegates dealt with a matter that could provide examples of how to handle the current situation. That was an instance involving Ron Thompson, a delegate-elect from Raleigh County. A resolution approved by delegates that year described chronic absenteeism.
After attempts to reach Thompson to prod him to legislative duty did not succeed, lawmakers used the resolution to formally declare the seat vacant.
Hanshaw, speaking on radio, described the possibility of a similar process for de Soto’s situation.
“There can be no more serious action taken by a legislative body than to expel a member, if he or she is a member, or refuse to admit a member who has been duly elected by the voters. That’s as high a bar and as big a stick as the body ever wields on any decision, and it’s never to be made lightly,” Hanshaw said.
Party registration switch
Prior to de Soto’s arrest, he changed his registration from Republican to Democrat.
“I would only guess this was a parting gift to the Republican Party to switch parties prior to either resignation or expulsion,” said state Democratic Party Chairman Mike Pushkin, who is also a delegate.
Pushkin doubts de Soto will ever be sworn in as a delegate — or caucus with the Democrats.
“I don’t foresee any future where the delegate-elect is seated in the House of Delegates,” Pushkin said.
“Now he did win a three-way primary in a very conservative district by running farthest to the right. So I don’t think that there’s any circumstance where he would be a member of the Democratic caucus in the House. That’s just not realistic.”
Pushkin noted that West Virginia legal precedents and state code call for filling vacancies by the current political registration of the person departing, rather than their political affiliation at the time of election. Democrats opposed that practice in the past, he said.
“But as the law stands right now, I believe the Berkeley County Democratic Executive Committee should be able to put up three names to the governor,” Pushkin said. “And the governor would make that appointment from those three games.”
Delegate Sean Hornbuckle is the leader of the Democratic caucus in the House. Hornbuckle, a Cabell County representative, said he is still learning about de Soto’s situation.
“I’m not going to speculate on what should be done or what shouldn’t be done,” he said. “But it is an odd story.”
Hornbuckle said he had not focused on de Soto until the arrest. Until then, Hornbuckle said, de Soto was just one candidate among many West Virginia political races statewide.
“My eyes were not on that district,” Hornbuckle said, “but he was a regular, extremist rightwing Republican. There’s nothing new there. Then he had some issues with his caucus or they had it with him — whatever happened there.
“It’s pretty pervasive in American politics now that people just switch to evade something or try to win. It’s not about what they think as right or wrong.”
If de Soto were to somehow be seated in the Legislature, Hornbuckle suggested it would be an even further stretch to believe he would participate in Democratic decision-making.
“What I’ve heard from him, since I learned about him, his positions pretty much mirror rightwing extremism. I just don’t think it’s going to be productive for what we stand for in our caucus. So I find it hard to believe that would be a match made in heaven for him to be with us,” Hornbuckle said.
Hornbuckle described situations from the past where caucus leaders ruled out participation by some delegates.
“I don’t think he would be caucusing with us. I think that’s a nonstarter,” Hornbuckle said. “I guess if he’s elected and still serving, he would sort of be on an island.”