West Virginia Democrats have announced their intention to file legal action regarding the vacant seat left by former Delegate Joshua Higginbotham (R). The move comes after Governor Jim Justice appointed former Delegate Mark De Soto (R) to fill the seat, despite objections from Democrats. The West Virginia Democratic Party argues that Justice overstepped his authority by appointing De Soto without consulting the Democratic Party, as required by state law.
The controversy stems from the West Virginia Constitution, which states that when a vacancy occurs in the state Legislature, the executive committee of the political party that held the seat must submit a list of three candidates to the governor for consideration. In this case, Democrats claim that Justice failed to follow this process, making De Soto’s appointment invalid.
Delegate Mike Pushkin, chairman of the West Virginia House Democratic Caucus, stated that the party had no choice but to take legal action to protect the integrity of the state’s election process. Pushkin emphasized the importance of upholding the rule of law and ensuring that all parties are treated fairly in the appointment of legislative seats.
The legal action being taken by West Virginia Democrats is the latest development in an ongoing dispute over the appointment of De Soto to the vacant seat. While De Soto has already taken his oath of office and begun serving in the House of Delegates, Democrats are pushing back against what they see as a violation of the state’s constitution.
The outcome of this legal challenge remains to be seen, but it highlights the deep political divide in West Virginia and the fierce competition for legislative seats in the state. As the dispute continues, all eyes will be on the courts to determine the legality of De Soto’s appointment and the future of the vacant seat in the West Virginia House of Delegates.
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