
Robert Fields | WVOW News
CHARLESTON The West Virginia Supreme Court of Appeals is preparing to hear a case concerning the disputed vacancy of a House of Delegates seat representing the 91st Delegate District in Berkeley County.
The case involves Joseph A. DeSoto, who was elected as a Republican in November 2024 but switched his party affiliation to Democrat shortly before he was arrested in December. He faces charges after allegedly threatening several delegates following a Republican Caucus meeting in which he was removed from his leadership position. He has been on home confinement as a pre-trial felon.
On January 8, the West Virginia House of Delegates passed a resolution declaring DeSoto’s seat vacant, citing the alleged misconduct as the basis for the action. This prompted the West Virginia Democratic Party and its chair, Mike Pushkin, to file a legal challenge, arguing that the House overstepped its authority. According to the petitioners, state law does not permit the House to vacate a seat when the elected delegate is willing and qualified to serve. They also point out that DeSoto was a registered Democrat at the time the vacancy was declared, suggesting that the state Democratic Party should legally be the ones to nominate potential replacements.
The legal dispute took a new turn with recent filings and responses in the case. On January 15, the party presented a petition for a writ of mandamus to the Supreme Court, seeking to overturn the House's resolution. The Court has ordered the respondents, Speaker of the House Roger Hanshaw and Governor Patrick Morrisey, to file their response by January 27. After this deadline, the case will proceed under the Court’s rules, and all parties will be notified of further decisions in writing.
On January 17, Deputy Attorney General David E. Gilbert filed a notice of appearance on behalf of Hanshaw and Morrisey. The notice formally initiates the respondents' defense in the case. Gilbert also invoked an automatic stay under Section 4-1-17 of the West Virginia State Code, citing the ongoing legislative session as grounds to delay court proceedings. According to the stay, legal action involving legislators is paused during the session and for 30 days afterward, meaning the case may not resume until May 2025 at the earliest.
Supporters of the House’s resolution argue that DeSoto’s abrupt party switch shortly after the election undermines the democratic process as well as the expectations of voters who elected him as a Republican. Critics, however, claim that the resolution undermines the democratic mandate and risks eroding the autonomy of elected officials.
PHOTO | Daniel G Rego / CC BY-SA 4.0
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