Tillis v. Wright

619 S.E.2d 235, 217 W. Va. 722, 2005 W. Va. LEXIS 101
CourtWest Virginia Supreme Court
DecidedJuly 7, 2005
Docket32044
StatusPublished
Cited by13 cases

This text of 619 S.E.2d 235 (Tillis v. Wright) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tillis v. Wright, 619 S.E.2d 235, 217 W. Va. 722, 2005 W. Va. LEXIS 101 (W. Va. 2005).

Opinion

DAVIS, Justice: 1

The appellant herein and petitioner below, Gary Tillis (hereinafter “Mr. Tillis”), in his capacity as the Chairman of the Putnam County Democratic Executive Committee (hereinafter “Democratic Committee”), 2 appeals from a ruling rendered October 1, 2004, by the Circuit Court of Putnam County. By the terms of that ruling, the circuit court determined that a vacancy, as contemplated *725 by W. Va.Code § 3-5-19(a)(4) (2003) (Supp. 2004), 3 had been created in the Republican Party’s nominee for the Office of Putnam County Commissioner, thereby permitting the appointment of the appellee herein and respondent below, 4 Raymond Joseph Haynes (hereinafter “Mr. Haynes”), to fill such vacancy. On appeal to this Court, Mr. Tillis complains that the circuit court erred (1) by ruling that former Republican Party candidate, Cathern Addington (hereinafter “Ms. Addington”), had been properly appointed as a candidate for the Office of Putnam County Commissioner and (2) by then concluding that the Board of Ballot Commissioners’ subsequent refusal to certify her appointment constituted a disqualification pursuant to W. Va.Code § 3-5-19(a)(4) so as to create the aforementioned vacancy. Rather, Mr. Tillis asserts that a vacancy in nomination did not exist at the time Mr. Haynes was appointed, therefore making said nomination invalid. Upon a review of the parties’ briefs, the record presented for appellate consideration, and the pertinent authorities, we conclude that Mr. Haynes was properly appointed to fill a vacancy in nomination. Accordingly, we affirm the decision of the Putnam County Circuit Court.

I.

FACTUAL AND PROCEDURAL HISTORY

Because no Republican candidate had filed for the office of Putnam County Commissioner, W. Va.Code § 3-5-19(a)(3) 5 authorized the Putnam County Republican Executive Committee (hereinafter “Republican Committee”) to appoint a nominee therefor for the November 2004 general election. The deadline to make such an appointment was May 6, 2004. See W. Va.Code § 3-5-19(a)(3). On May 5, 2004, and pursuant to W. Va.Code § 3-5-19(a)(3), the Republican Committee filed with the Putnam County Circuit Clerk an “Appointment by Executive Committee to Fill Vacancy on the General Election Ballot” listing Cathern Ann Adding-ton as its nominee. The same day, Ms. Addington filed a “Certificate of Announcement” with the circuit clerk certifying that she was a member of the Republican Party and had been a member of that party for at least sixty days prior to filing, as required by W. Va.Code § 3-5-7(b)(6) (1998) (Repl.Vol. 2002). 6 The primary election was conducted on May 11, 2004.

*726 On May 14, 2004, Mr. Tillis filed a complaint with the Putnam County Board of Ballot Commissioners (hereinafter “the Board”) asserting that Ms. Addington had not been a member of the Republican Party for the requisite period. A review of the relevant voter registration records revealed that Ms. Addington had been a registered member of the Democratic Party since July 2, 1996. However, in an affidavit submitted by Ms. Addington, she explained that, in 2000, she had completed a voter registration form to change her party affiliation from the Democratic Party to the Republican Party. Ms. Addington stated that, at the time she completed her candidacy paperwork, she retained a good faith belief that she was a member of the Republican Party and was shocked to learn otherwise.

On May 19, 2004, the Board convened to consider the complaint and refused to certify Ms. Addington’s candidacy based upon her certified voter registration evidencing that she was registered as a Democrat at the time of her nomination and throughout the sixty days immediately preceding that date. The Board based its refusal to certify Ms. Ad-dington on W. Va.Code § 3-5-7(b)(9) (1998) (Repl.Vol.2002), which states that

[t]he secretary of state or the board of ballot commissioners, as the case may be, may refuse to certify the candidacy or remove the certification of the candidacy upon receipt of a certified copy of the voter’s registration record of the candidate evidencing that the candidate was registered as a voter in a party other than the one named in the certificate of announcement dtvring the sixty days immediately ' preceding the filing of the certificate: Provided, That unless a signed formal complaint of violation of this section and the certified copy of the voter’s registration record of the candidate be filed with the officer receiving that candidate’s certificate of announcement no later than ten days following the close of the filing period, the candidate shall not be refused certification for this reason.

(Emphasis added).

Following the Board’s failure to certify Ms. Addington as the Republican nominee for Putnam County Commissioner, the Republican Committee, on June 24, 2004, and pursuant to W. Va.Code § 3-5-19(a)(4), 7 voted to name Raymond Joseph Haynes as the Republican Party’s nominee to the office of Putnam County Commissioner in place of Ms. Addington. On June 28, 2004, the Republican Committee filed with the circuit clerk a new “Appointment by Executive Committee to Fill a Vacancy on the General Election Ballot” listing Mr. Haynes as its nominee and claiming that a vacancy had been created because the Putnam County Board of Ballot Commissioners had refused to certify Ms. Addington based upon her disqualification by reason of improper party affiliation. 8

*727 Mr. Tillis then filed a petition for a writ of mandamus in the Putnam County Circuit Court on August 23, 2004, challenging Mr. Haynes’ nomination. In his petition, Mr. Tillis asserted that the Board’s refusal to certify a candidate, i.e., Ms. Addington, did not constitute a vacancy as contemplated by W. Va.Code § 3-5-19. By contrast, the named respondents argued that because the Board’s refusal to certify Ms. Addington’s nomination was premised, on a disqualification, a vacancy had therefore been created.

On September 30, 2004, the circuit court conducted a hearing, and, on October 1, 2004, the court ruled from the bench that a vacancy had been created in the Republican Party’s nomination for the Office of Putnam County Commissioner when the Board rejected Ms. Addington’s candidacy. Thus, the circuit court held that the nomination of Mr. Haynes was proper. On October 4, 2004, Mr. Tillis filed a petition for appeal with this Court and requested expedited review in light of the rapidly approaching November 2, 2004, general election. We granted the appeal on October 21, 2004, and ordered the case to be submitted on briefs without oral argument on October 26, 2004. 9

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619 S.E.2d 235, 217 W. Va. 722, 2005 W. Va. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillis-v-wright-wva-2005.