On October 1, the West Virginia Supreme Court unanimously ruled that the Republican Party has a right to place a new nominee on the November ballot for Delegate to the House, 35th district, to replace its earlier nominee who had withdrawn in August. Here is the eleven-page opinion, with two concurrences. The case is State ex rel McDavid v Tennant.
As a result, all the ballots for that legislative district must be reprinted, at a cost of $25,000.
Seldom has any court issued such a blistering opinion, criticizing election officials. All the justices feel that the West Virginia law, allowing a party to replace a nominee who had withdrawn, was already very clear. The law does not give an unrestricted right to a candidate to withdraw, but the law says if a candidate is allowed to withdraw, the party of that nominee may replace him or her. In this case, election officials permitted the withdrawal but inexplicably wouldn’t allow a replacement. Thanks to Rick Hasen for this news.
How about indict the morons involved ???
Convict them and fine them the cost of the new ballots.
Western *Civiliization* is barely hanging on —
due to the more and more New Age *politically correct* MORONS.
Would really be nice if SCOTUS uses some of the major *roast* sentences in the WV opinion — for use in all federal courts in all States.
Natalie Tennant – qualifications to be Secretary of State: West Virginia University Miss Musketeer mascot, television reporter, state senator’s wife.