Erik Patrick Wells v. Charles T. Miller, Prosecuting Attorney

791 S.E.2d 361, 237 W. Va. 731, 2016 W. Va. LEXIS 660
West Virginia Supreme Court·Decided September 15, 2016·No. 16-0779·Published·Cited by 5 cases

Opinions

WORKMAN, Justice:

This is an appeal from the circuit court’s August 18, 2016, order granting respondent State of West Virginia’s (hereinafter “respondent”) amended petition for writ of quo war-ranto, disallowing petitioner Erik Patrick Wells’ (hereinafter “petitioner”) candidacy for the office of Kanawha County Clerk, The circuit court found that, as a registered member of the Democratic Party, petitioner’s candidacy was governed by the provisions of West Virginia Code § 3-6-7 (2016) and that petitioner had failed to comply with its requirements, disqualifying him as a candidate for the office of Kanawha County Clerk.

Based upon our review of the briefs, legal authorities, appendix record, and upon consideration of arguments of counsel, we conclude that West Virginia Code § 3-6-7 is applicable to any person who seeks to hold an office or political party position to be filled by primary or general election. Therefore, in light of petitioner’s failure to comply with the requirements of West Virginia Code § 3-6-7, we affirm the circuit court’s order granting the petition for writ of quo warranto.

I. FACTS AND PROCEDURAL HISTORY

On July 18, 2016, petitioner, a registered Democrat, filed a “Candidate’s Certificate of Announcement for 2016 Partisan Elections” and paid the required filing fee to the Kana-wha County Clerk’s office. Petitioner left blank1 a portion of the form, which states as follows:

I am a member of and affiliated with the following political party:_I am a member of and affiliated with this political party as evidenced by my current voter’s registration and I have not been registered as a member of another political party within sixty days of this date. (W.Va. Code § 3-5-7(d)(6))

Subsequently, petitioner filed a “Minor Party or Independent Candidate Nomination Petition,” seeking to become a certificate nomination candidate pursuant to West Virginia Code § 3-5-23 (2009). On this form, in the space provided for “Party,” the certificate stated: “Independent.” Petitioner submitted signatures from 1,019 individuals; the County Clerk invalidated 119 of the signatures, leaving 900 signatures as valid.2

On August 10, 2016, respondent filed a petition for writ of quo warranto pursuant to West Virginia Code § 63-2-1 et seq. (1923),3 and the following day filed its amended petition. The circuit court conducted a hearing on this matter on August 12, 2016, during which a key issue was petitioner’s failure to fully complete the certificate of announcement, having left his party affiliation blank. During the hearing, petitioner [735]*735testified that he was 'and remained a registered Democrat and had voted on May 10, 2016, in the Democratic primary. Petitioner testified that he was running for the office of Kanawha County Clerk as an “independent,” as indicated on the “Minor Party or Independent Candidate Nomination Petition.” Petitioner further testified that he read and was aware of the requirements imposed on a candidate filing a certificate of announcement, but had not decided to run for office until after the primary election.4

By order entered August 18, 2016, the circuit court granted respondent’s petition for writ of quo warranto and disallowed petitioner’s candidacy for the office of Kanawha County Clerk in the November 8, 2016, general election. Specifically, the. circuit court found that petitioner failed to fully complete the certificate of announcement required by West Virginia Code § 3-5-7 and that regardless, as a registered Democrat, petitioner could not avail himself of the certificate nomination process under West Virginia Code § 3-5-23. As pertained to the certificate of announcement, the circuit court reasoned that

[b]y failing to include the party affiliation in the certificate of announcement, the ... [petitioner] created confusion for the voters regarding precisely who is running for office and what party and party philosophies [petitioner] is affiliated with. Further, the failure to include a party affiliation in the certificate of announcement will create an impossible situation for election officials in preparing the ballet [sic] and for voters when voting.

The circuit court stated that if petitioner’s name appeared on the ballot as a Democrat, it would create the impression that he was on the ballot because he either won the primary election or had his name placed on the ballot by the Kanawha Democratic Executive Committee or its chairperson. On the other hand, if his name appeared as “independent,” it would be inaccurate because petitioner is a registered Democrat. The circuit court further found that West Virginia Code § 3-5-23 was for use by “persons who seek elective office and who are not members of an organized party having a nominating election or a nominating convention.”

The circuit court further rejected petitioner’s contention that he presented a viable, constitutionally-based “ballot access” challenge because “as a registered Democrat, [petitioner] had access to the ballot”' and found that petitioner could have simply followed the various requirements to run for office. Specifically,' the circuit court noted that petitioner could have filed a certificate of announcement for county-wide office or pur-suéd having the Kanawha County Democratic Executive Committee place his name on the ballot.5 This appeal followed.

II. STANDARD OF REVIEW

Petitioner’s appeal raises the issues of the application and scope of West Virginia Code §' 3-5-7 and West Virginia Code §§ 3-5-23 and -24. In this regard, we have held [736]*736that “ ‘[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.’ Syllabus point 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995).” Syl. pt. 3, Alden v. Harpers Ferry Police Civil Serv. Comm’n, 209 W.Va. 83, 543 S.E.2d 364 (2001). Mindful of this applicable standard, we now consider the substantive issues raised by the parties.

III. DISCUSSION

Petitioner raises three assignments of qr-ror. First, petitioner asserts that the circuit court erred in concluding that the certificate of announcement requirements contained in West Virginia Code § 3-5-7(d)(6) are applicable to a candidate seeking nomination by certificate. Second, petitioner contends that the circuit court erred in concluding that, as a registered Democrat, he could not avail himself of the certificate nomination process outlined in West Virginia Code § 3-5-23. Finally, petitioner asserts that in denying petitioner’s candidacy, the circuit court denied him ballot access, in violation of the First and Fourteenth Amendments of the United States Constitution and Article III, Sections 7,16 and 17 and Article IV, Sections 1 and 4 of the West Virginia Constitution.

Before we address petitioner’s arguments, we note that the West Virginia Constitution reserves to the Legislature the ability to make laws concerning public officials and the manner in which those officials assume office. In syllabus point four of Morris v. Board of Canvassers of City of Charleston, 49 W.Va. 251, 38 S.E.

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Erik Patrick Wells v. Charles T. Miller, Prosecuting Attorney, 791 S.E.2d 361, 237 W. Va. 731, 2016 W. Va. LEXIS 660 (W. Va. 2016).

791 S.E.2d 361 (Erik Patrick Wells v. Charles T. Miller, Prosecuting Attorney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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