The chairman of the State Election
Commission says he’s not opposed to speeding up a pending legal challenge to
the Commission’s decision, last month, not to allow a replacement candidate for
Kanawha County Delegate Suzette Raines (R-35) to be named on the November
ballot.
During a Tuesday meeting,
commissioners determined they do not have the authority to waive a 30-day
notice that’s required before state agencies can be sued. That notice was
issued on Aug. 22.
Robert Rupp, the SEC chair, said
the waiver question is one for the state Supreme Court.
“It’s not only in the state’s
interest to get this moving, because there’s 62 days left (before the Nov. 4
general election), but it’s also in our Commission’s self interest,” Rupp said
of his support for such a waiver. “We want a ruling–how limited or how open are
we in using that question of extenuating circumstances?”
Raines withdrew her name from the
Nov. ballot last month citing the ongoing effects of her mother’s death and the
end of a long-term relationship that have kept her off the campaign trail.
However, the Commission found no extenuating circumstances that would have
stopped Raines from representing the 35th Delegate District, if elected in
November.
For that reason, her ballot spot
was left vacant.
“I think, in the long run, if we
decide to lower that bar on extenuating circumstances, then I think it’s open
season in 2016,” Rupp said.
Despite the SEC’s decision, Marie
Sprouse-McDavid has filed to run in the fourth available Republican spot for
the 35th District in November and officials with the state Republican Party
have vowed to challenge the decision in court to make sure she’s on the ballot.
Rupp said the next move is up to
the Republicans. “The Commission will follow what the state Supreme Court
decides,” he said.
