WILLIAMSON – Mingo County Commission Chairman says county officials will thoroughly investigate any reports of fraudulent voting activity.
“We take election integrity very seriously,” said Nathan Brown, who is also a lawyer and former legislator. “Contrary to what some may think or hear, no county official would facilitate or advocate for election fraud.
“If fraudulent activity does occur, we will consider everything that is communicated to us. If something seems inappropriate, we will consider it and take appropriate action.”
Brown | File photo
Brown talked to West Virginia record following State Senator Chandler Swope’s June 5 filing of a formal notice with the Mingo County Commission against Craig Hart challenging the results of the primary election. Hart won the Swope 6 State Senate GOP primaryvol District seat. Swope has stated that he intends to challenge all votes cast in precincts 9, 27, 28, 30, 57, 75 and 76. He is also requesting an examination of the poll records for all of Mingo County.
Swope lost to Hart in Mingo County 2,152 to 364. Hart is from Mingo County and Swope is from Mercer. In the entire district, which covers parts of four counties, Swope lost to Hart by a 4,847-4,384 margin.
“Our poll workers are trained by the state,” Brown said Record. “I think when we canvassed, there were 62 disputed ballots. Some of them, quite a few, advocated out-of-party voting. Not every one of them was counted.”
Brown said he didn’t believe there was any fraudulent activity.
“There were no local Democrats on the ballot,” he said. “Only Republicans and non-partisan races. So I’m guessing most independents requested the Republican vote. Senator Swope and others who have filed complaints have the constitutional and legal right to do so.
“We are currently reviewing all information to ensure the due process you expect. We will meet to discuss the timeline and next steps on this matter. We’ll see how it plays out.”
Another Mingo County official agreed with Brown that there was no evidence of fraud.
Chief Deputy Clerk Angie Browning told MetroNews “Talkline” host Hoppy Kercheval that the lack of Democrats on the primary ballot means independent voters tend to request a GOP ballot.
“Our poll workers are trained to do their job,” Browning told Kercheval. “They know what they’re doing. They know that when an independent voter comes, they will be able to make a choice. So it’s a shot in the murky because I’m a voter outside of work. If I go there as an independent voter, I’ll choose the Republican ballot because most people here – you know, Mingo County has a reputation – take their county politics seriously.
“Most of my poll workers are veterans, and now I’ll be lucky if I can get 20 poll workers because they’re all calling here scared, because they don’t want to work anymore, because we’re always being accused of something.”
In addition to Swope, House of Delegates candidate John White, assessor candidate Audrey Smith and county commission candidate Marty Fortner allege that some Democrats apparently voted in the May 14 Republican primary. Before Swope’s formal challenge, White, Smith and Fortner met with election officials from the Secretary of State’s Office a few days after the election.
Swope’s notice to the county commission includes affidavits from four Mingo County voters and an unsworn letter from another voter alleging voting irregularities.
One registered Democrat claims he was allowed to vote in the Republican primary for Precinct 9 in Williamson. Another registered Democrat in Precinct 57 in Red Jacket says he requested a Democratic ballot but says the ballot included Republican candidates.
Two independent voters from precincts 27, 28 and 30 at the Delbarton Carewood Center said a poll worker stood behind them and watched them vote without giving them privacy. Their letters also state that they were not allowed to put the ballots into the ballot box and that they did not see an electoral commission employee putting the ballots into the box.
The unsworn letter is like a social media post questioning the process.
“So I went to vote tonight,” Easton Fortner of Gilbert wrote on Facebook May 14. “When I log in, I am told to select the party I want to vote for, not asked where I am registered, nor asked what name I am registered under. So I circled the letter R because I’m a Republican voter. I stand in line until it’s my turn. Then, when the voting booth was open, I was told to go there.
“While I was standing there, I received instructions to once again choose the party I WANTED to vote for, not the one in which I was REGISTERED. Knowing this was not true, I asked for clarification on what I had heard. I asked, “So if I’m a Democrat, I can just choose Republican and vote Republican or vice versa.” Can I be a Republican and vote for a Democrat?” Then I was told that yes, I could vote however I wanted in this election.
“Then I said I thought I could only vote for my party and I said again no, it would be in the general election. This time I could vote however I wanted. I’ve also heard this happen to other people. This is how elections are stolen!”
Swope’s notice shows that these do not appear to be isolated incidents.
“In fact, Mingo County voter turnout data suggests countywide disparities that potentially impact every precinct in the county,” Swope states in his motion.
We further read that statewide, the West Virginia Secretary of State reports that out of 1,181,437 registered voters, 360,175 votes were cast, which means a voter turnout of 30.49%. In Mingo County, turnout was 29.62%. Of these, Democratic turnout in Mingo was 19.99% and Republican turnout in Mingo was over 70%.
For comparison, in the 2020 primary election, Republican turnout was 47.58% in Mingo County and 31.26% for Democrats.
“It appears that many Mingo County voters were improperly given a choice in which primary election they wanted to participate in, rather than simply receiving a ballot resulting from their respective party registration,” Swope states. “These problems affect many districts and most likely explain the unusually high number of Republican votes cast.”
Swope believes the poll books will show that “a significant number of Democratic voters cast ballots for Republicans” after they were improperly given the opportunity, adding that such ballots are illegal and should be rejected.
“Unfortunately, it appears that the 2024 primary election, at least in part, in Mingo County may have been ‘irreversibly tainted,'” Swope states in the motion. “Accordingly, in each district where these irregularities were found, all votes cast in the primary elections for the 6 seats in West Virginiavol The Senate District should be excluded.”
Swope is asking the county commission to review the contested election and has ruled that ballots cast illegally will be disregarded, as well as any votes where voters were unable to vote by secret ballot.
Kercheval said election results show GOP voter turnout was “abnormally high” in some Mingo County precincts. In six districts, Republican voter turnout exceeded 80 percent, and in five others it exceeded 70 percent. This represents almost half of Mingo’s 28 districts.
Voters registered as independents can vote in both Republican and Democratic primaries, but that probably wouldn’t explain such high turnout.
For example, in district 59 there were 1,193 registered voters. Of those, 456 were registered as Democrats, 376 as Republicans and 360 as independents. However, 79 percent of voters in this district used Republican ballots. Precinct 47 reported similar numbers.
“We had some (districts) where Republicans voted in the 80th and 70th percentile,” White told WOWK-TV. “There is no way many Republicans would vote.”
Smith lost to Bethany Goad-Cisco in the GOP assessor primary 2,236 to 1,040. Fortner finished second of four candidates in the GOP county commission race to Diann Hannah 1,501 to 1,270, and White finished second of three candidates to incumbent Mark Dean 1,098 to 867 in this House GOP primary.
“Different districts allow people to vote for whichever party they want,” Fortner told WOWK-TV. “This could certainly change the course of the election.”
The Secretary of State’s office cannot discuss or release complaints filed related to the election, but it seems likely that some of the allegations would indicate that Democrats received Republican ballots. This can happen by mistake when poll workers give voters any ballot they request, regardless of party affiliation. It could also mean there was a conspiracy to ensure Democrats received GOP votes.
The Mingo County Commission, as the board of canvassers, has already certified the election results. State law states that ballots that were not challenged before the election constitute grounds for contesting the election.
“Mingo County has a reputation as a dirty politician,” Smith told WOWK-TV. “Until people stand up and say enough is enough, this will continue.
“So that’s enough and that’s why we’re here. We really don’t want to be here, but someone has to speak up on behalf of the people who will run for office in the future.
Danielle Waltz and David Stone of Dinsmore & Shohl represent Swope in the filing.
