Gov. Patrick Morrisey announced that he’s named the president of the gun rights organization Citizens Defense League to a vacated and disputed House of Delegates seat.
Ian Masters, a lawyer from Gerrardstown, has been named to the seat originally won by Joseph de Soto. He is the current president of the West Virginia Citizens Defense League and has been involved with the organization since 2015.
“Ian’s experience leading the WVCDL makes him exceptionally prepared to step in and represent the people of the 91st District. I’m confident he’ll bring experienced conservative leadership and be an effective legislator for southern Berkeley County,” Morrisey said in an announcement about the seat.
De Soto, who was elected last year to serve in the House, is now confined at his home on charges that he threatened people who would have been his legislative colleagues. The House of Delegates voted earlier this month to vacate the seat.
De Soto was elected as a Republican but changed his political affiliation to Democrat the day before he was arrested. Democrats say West Virginia precedent means a Democrat should be named to fill the seat.
Not counting this seat, the West Virginia House of Delegates has 90 Republicans and nine Democrats.
The state Democratic Party filed earlier this month for clarification by the state Supreme Court.
“I’m disappointed but hardly surprised. They ignored the Constitution when they created the vacancy and now they ignore their own law when they attempt to fill it,” said state Democratic Party Chairman Mike Pushkin, who is also a delegate from Kanawha County.
“We look forward to a review by the WV Supreme Court. “
The filing by Democrats contends the House of Delegates acted inconsistently by vacating the seat won by Joseph de Soto since he was among seven elected delegates who were not present to take the oath of office on an organizational day last week — but he was the only one knocked out in perpetuity.
Debate broke out on the House floor Jan. 8 over whether the proper, constitutional procedure was being followed as the seat won by de Soto was vacated.
Because de Soto was not present with most other delegates to take the oath of office, he was not seated.
Members of the House of Delegates then went a step farther by introducing a resolution to declare the seat vacant. Conceivably, that would allow a new representative to be selected prior to the start of the 60-day regular session on Feb. 12.
The vacancy was declared on the grounds of Article XI, Section 16 of the West Virginia Constitution. A key portion of that section says: “Any member who shall refuse to take the oath herein prescribed, shall forfeit his seat.”
Debate among some delegates then focused on whether de Soto’s failure to take the oath of office because of the arrest and home confinement constitutes refusal to do so.
That’s a point that the Democratic Party has asked the state Supreme Court to resolve.
A question being directed to the justices is “Whether the House of Delegates can declare vacant the seat of a duly elected, qualified, and ready-to-serve delegate for reasons related to misconduct.”
Another question has focused on the party of the delegate to be appointed to replace de Soto. The final line of the resolution designates the Republican Executive Committee of Berkeley County to begin action on the vacancy.
The rational of the Republican supermajority in the House is that because de Soto was never officially seated, the fact that he had registered as a Democrat weeks prior to this would have no bearing on the situation.
The Democrats have been seeking clarity from the Supreme Court.
They are asking justices if a person holding the office immediately preceding a declared vacancy in a House of Delegate seat would include a person who was duly elected, assumed office on Dec. 1 following the election, as provided in West Virginia state code, but who had not yet taken the oath of office.
The Democrats point toward changes made to a section of state code governing vacancies in the state Legislature. Much of the precent stems from the situation of former state Senator Daniel Hall, who was elected as a Democrat, switched to Republican and later left the Legislature.
““When the Republicans amended 3-10-5 as a reaction to Daniel Hall’s party flip, they did so because it was to their own benefit. Now that the same law no longer works for them, they choose to ignore it,” Pushkin said Thursday night.
The Berkeley County Democratic Executive Committee said it submitted this list of qualified nominees for Governor Morrisey’s consideration:
- David Michaels – Hedgesville, WV
- Stephen Willingham – Hedgesville, WV
- Timothy Lee – Inwood, WV
“It’s imperative that the law and the constitution be followed in this matter,” said Tammy Offutt, chair of the Berkeley County Democratic Executive Committee.
“We expect the Governor to respect the clear requirements of West Virginia law by appointing one of the three above-named individuals to fill the 91st Delegate District seat.”
Morrisey picked a Republican, Masters.
The announcement from Morrisey’s office said Masters calls House District 91 his “forever home” where his four children will be growing up. He received an undergraduate degree and a Juris Doctor from West Virginia University and has been a member of the West Virginia State Bar since 2011.