CLARKSBURG, W.Va. — The Harrison County Commission is considering evidence from both sides in the official contesting of a House of Delegates race from the May Primary Election.
Del. Laura Kimble, R-Harrison, lost to challenger Tim McNeely on May 12 by single digits. She also lost the recount. The final margin was six votes. She then officially challenged those results which takes the results before the county commission. Testimony was given Wednesday with a decision expected next week.
Del. Kimble’s attorney, her husband Jeff Kimble, told MetroNews Thursday the closed Republican primary created several opportunities for errors to occur. He said when the Kimball team learned that as many as 90 Republican ballots were illegally cast in Fayette County, they began to zero in on what they were trying to convince commissioners the same could have happened in the Harrison County election.
“Michelle Holly, the clerk in Fayette County, basically said 90 ballots had been illegally cast by non-Republicans now that the Republican primary had been closed,” Jeff Kimble said.
He said the electronic voting systems are designed to accommodate all voters regardless of party. Because of that, he said poll workers were trained to not only walk each voter to the voting machine but also to make sure they were using the correct ballot. He said there were many chances for errors and inaccuracy on election day in the 14 precincts that make up District 71.
“The electronic voting system we have was created to allow that,” Jeff Kimble said. “It was created to allow Independent and non-party voters to select whatever ballot they wanted.”
To prove that to the commission, Kimble made a motion to reopen and examine the election materials, but that was denied. Jeff Kimble said they could have demonstrated how that could have influenced the election with the ballot evidence.
“So, we didn’t get to look at some of the materials that we thought would be really important to consider to what extent this thing with the illegal voting actually happened,” he said.
McNeely’s attorney Mark Adkin called a witness on McNeely’s behalf. She testified she changed her registration to participate in the Republican primary and then immediately changed it back after casting a ballot. Adkins believes there are an unknown number of registered voters that have done that.
“Someone may have changed parties prior to the election before the deadline and then immediately after the election changed back,” Adkins said. “And in fact, the witness that was called on Mr. McNeely’s behalf testified she did just that.”
Harrison County Clerk John Spires testified at the hearing providing detailed information about the election that was welcomed by both sides. Adkins said illegally cast Republican votes are not the only reason for an error to have happened on election day.
“So, it’s not just the statistics shared by Mr. Spires,” Adkins said. “The only possibility is not that a non-Republican voted with a Republican ballot.”
The Harrison County Commission meets again on the matter July 6 at 3 p.m.