The West Virginia Supreme Court has agreed to hear West Virginia Democratic Party v Roger Hanshaw, 25-22. The issue is which party may submit suggestions to the Governor for filling a vacancy in the State House of Delegates. In November 2024 Republican Joseph deSoto was elected, but then he was charged with a serious crime, and he was removed. However, before he was removed, he changed his registration to “Democratic”. Under the law and precedent, when there is a vacancy in the legislature, the Governor appoints someone. There is no special election. But the Governor must appoint one of three individuals whose name had been suggested by the party of which the outgoing legislator was a member.

The Democratic Party says it doesn’t matter that deSoto was elected as a Republican; he was a Democrat when he resigned. Nevertheless, Governor Pat Morrisey has already filled the seat with one of the three suggestions submitted by the Republican Party. See this story.