CHARLESTON, WV (WOWK) – The West Virginia Democratic Party says it will take legal action after the House of Representatives voted to vacate the seat of Delegate-elect Joseph de SotoHe said it should be filled by a Democrat because he switched parties before his arrest in December 2024.
According to a statement from West Virginia Democratic Party Chairman Del. Mike Pushkin, the West Virginia Supreme Court ruled in 2016 that “a vacated seat should be held by the party to which the member belonged at the time the seat was vacated, and not by the party to which he belonged.” they belonged to when they were elected.”
Before Delegate-elect de Soto’s arrest on terrorist threats, he switched from the Republican Party to the Democratic Party, according to a spokesman for the West Virginia GOP.
De Soto is accused of threatening to kill delegates, including House Speaker Roger Hanshaw (R) and House Majority Leader Pat McGeehan (R).
A criminal complaint said de Soto was upset before the arrest and felt like he was being attacked and pushed out of his position.
According to the complaint, de Soto said on the phone that he was Del. Michael Hite (R-Berkeley), Del. McGeehan, Del. Chuck Horst (R-Berkeley), Del. Bill Ridenour (R-Jefferson) would kill. and Speaker of the House Hanshaw.
The complaint said that when De Soto was asked what he meant, he said that God had called him to kill her.
According to the complaint, De Soto also sent emails between Tuesday and Wednesday. An email brought up Dels. Hite and Horst as well as Del. Wayne Clark (R-Jefferson) and Del. Joe Funkhouser (R-Jefferson). The email said he had “just begun… and will not stop.” “I had a vision of destroying them before the angel of Moroni,” the complaint states.
A text message was also sent in which one person asked De Soto to stop saying he would kill people, to which he replied: “I said I was going to kill people. “I said I would do whatever it takes to get her out of office,” the complaint states.
The Associated Press reported that de Soto was released on bail on December 23 and is being held in home detention.
He was elected to represent West Virginia’s District 91, which includes part of Berkeley County, in the 2024 general election.

