Charleston, WV - The West Virginia Democratic Party has filed a petition for mandamus with the West Virginia Supreme Court of Appeals, seeking to ensure that the state’s constitution and laws are followed in filling the vacancy in House of Delegates District 91, seat won by Joseph de Soto in the November 5, 2024 election.

The Party’s action follows the passage of House Resolution 4 on January 8, 2025, which improperly vacated Delegate de Soto’s seat and referred the vacancy to the Berkeley County Republican Executive Committee for resolution. This action directly conflicts with West Virginia Code §§ 3-10-5(a) and 6-5-1, which stipulate that a vacancy in the House of Delegates must be filled by appointment from a list of three nominees submitted by the party executive committee of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time the vacancy occurred.

At the time the House declared the 91st District seat vacant, Delegate De Soto was registered as a Democrat. Therefore, under West Virginia law, the vacancy must be filled by appointment from a list of nominees submitted by the Berkeley County Democratic Executive Committee.

To comply with the law, the Berkeley County Democratic Executive Committee has submitted the following list of qualified nominees for Governor Patrick Morrisey’s consideration:

1. David Michaels - Hedgesville, WV

2. Stephen Willingham - Hedgesville, WV

3. Timothy Lee - Inwood, WV

Tammy Offutt, Chair of the Berkeley County Democratic Executive Committee, emphasized the importance of following the rule of law: “It’s imperative that the law and the constitution be followed in this matter,” Offutt said. “We expect the Governor to respect the clear requirements of West Virginia law by appointing one of the three above-named individuals to fill the 91st Delegate District seat.”

West Virginia § 3-10-5(a) clearly states that a vacancy “shall be filled by appointment by the Governor, from a list of three legally qualified persons submitted by the party executive committee of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time the vacancy occurred.” House Resolution 4’s referral of the vacancy to the Berkeley County Republican Executive Committee is blatantly unlawful.

“This is not just about one seat,” said Mike Pushkin, Chair of the West Virginia Democratic Party. “This is about defending the rule of law and ensuring that the people of District 91 have their rightful representation in the House of Delegates. The actions taken by the House of Delegates undermine the integrity of our democratic process.”

The West Virginia Democratic Party remains committed to ensuring that the will of the voters is respected and that all appointments are made in strict accordance with the law.

“We urge the Governor to do the right thing, uphold the law, and appoint one of the nominees submitted by the Berkeley County Democratic Executive Committee,” Pushkin said.