MINGO COUNTY, WV (WOWK) – Several candidates filed a formal complaint with the West Virginia Secretary of State’s office on Wednesday alleging irregularities in the primary election voting.
This complaint was filed by John White, who was running for the 34th House District, by Audrey Smith, who was running for Mingo County Assessor, and by Marty Fortner, who was running for Mingo County Commission after her had lost their respective elections.
The three candidates told 13 News voters that they had reached out to them and explained that Republicans and Democrats do not vote within their respective parties.
According to the Secretary of State’s Office, this is not allowed in primaries; only independent voters can choose a different party to vote for.
“Mingo County has a reputation for dirty politics. Until people step forward and say, ‘Enough is enough,’ it will continue,” Smith said. “Enough is enough and that’s why we’re here. We really don’t want to be here, but someone needs to stand up for the people running in the future.”
The candidates said the results simply didn’t add up.
“We had several [precincts] who were in the 80th and 70th percentile of the Republican vote. It’s impossible that so many Republicans voted,” White said.
“Different districts let people vote for whichever party they want,” Fortner said. “That can definitely change an election.”
In response to a request for comment regarding complaints about voting irregularities, 13 News received the following statement:
According to W.Va. Code § 3-8-8(i) and CSR 153-21-5.8 prohibit our office from disclosing whether there is a complaint or investigation regarding this matter.
Essentially, if voters request and receive a ballot from the wrong party, that ballot must be challenged and will not be counted, as determined by the County Commission at its Board of Elections meeting. See W.Va. Code §§ 3-1-41, 3-4A-9(9) and 3-4A-20.
If a voter was presented with a ballot from the wrong political party and that ballot was not challenged as required, these are potential grounds for an aggrieved candidate to contest the election. This is the proper process for candidates who have evidence of fraud or irregularities to challenge the election results.
Election campaigns take place before the appropriate governing body; in a district race, this would be the District Commission.
Depending on the reasons for an election campaign, candidates may be required to first request a recount as a prerequisite to the election campaign.
Office of the WV Secretary of State
Show all West Virginia Code §3 here.
The Mingo County Clerk’s Office said there were no irregularities after the survey was completed Monday. Candidates had until Wednesday at 5 p.m. to request a recount.
