UPDATE, 3:15 p.m., Oct. 1:

The West Virginia Supreme Court ruled Oct. 1 5-0 to allow the Republican Party to select a candidate for the West Virginia House of Delegates 35th District race in November.

The ballots will have to be reprinted and redistributed with the new candidate's name, Marie Sprouse-McDavid, listed. The decision came at about 3:15 p.m., the day after justices heard the case.

Click HERE to read the order.

After hearing the case, several Justices issued statements in the ruling.

Justice Allen Loughry said the practical effect of the Election Commission and Secretary of State Natalie Tennant's failure to be knowledgeable of and comply with this state's election laws has serious consequences.

Loughry addressed the fact military ballots have been printed and mailed, and the ballots must be reprinted and re-sent to the voters, at a cost.

Seeking to escape the consequences of their inaction, the Commission and Secretary Tennant offensively suggest that an amendment to the ballot may cause our military men and women and overseas voters to be confused about the need to complete a second ballot,' and thus lead to their disenfranchisement, Loughry wrote in his concurrence. I seriously doubt that our military and overseas voters are so easily confused.' Perhaps more offensive is the respondents' suggestion that the voters of the 35th District should simply grin and bear the consequences of the Commission's failure to follow the law.

Justice Menis Ketchum said it was his belief that the Election Commission blatantly ignored both a black-letter election law, and a 22-year-old case interpreting that law.

Ketchum wrote the decision process is a simple choice of one or the other. The Legislature crafted election laws that attempt to be fair to both sides. Sauce for the goose, as they say, is sauce for the gander.

Read the original here:
LATEST: WV Supreme Court rules State Election Commission must allow GOP to add candidate to 35th District ballot

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