House Republicans voted Wednesday to vacate the seat of Joseph de Soto, a representative-elect who was indicted last month threatening to harm and kill lawmakers.
The decision is being legally challenged by the state’s Democratic Party, which claims Republicans did not follow proper legal process to recall the controversial delegate-elect. De Soto was elected as a Republican in November and switched to the Democratic Party just hours before his arrest. The change had led Democrats to believe they should fill the vacant seat when he was out of office.
Republicans have not expelled de Soto, who is on home confinement in Berkeley County after being released from prison because of the alleged threats. He was not at the Capitol for the swearing-in ceremony, although his name was called during roll call.
Instead, Republicans in the House of Representatives passed a resolution saying “vehemently [condemned] Any threats, acts of violence or terroristic threats against any of its members.”
It said that de Soto failed to take the oath of office due to house arrest and protective orders prohibiting him from speaking to delegates he threatened, and “he is not reasonably expected to do so at any time in the future.” will do”.
“The Constitution says clearly, ‘Will take the impeachment vote.’ The only place to do that is here, in this body, in this chamber,” House Majority Leader Pat Mcgeehan, R-Hancock, said before the vote. “If you accidentally can’t be here that day, that’s so different from the essence of never being able to be here. He’s clearly not qualified.”
The adopted resolution will allow the GOP majority to retain control of de Soto’s 91st District seat.
Democrats argued that constitutional rules required the House to expel de Soto first.
“The proper motion here today would be, under our rules, under the Constitution, to expel the member for his actions,” Del said. Shawn Fluharty, D-Ohio. “On its face, it’s inappropriate and we’re screwing the whole thing up.”
An exclusion would have given the seat to the Democrats due to de Soto’s party change; The governor would have appointed the replacement based on a list provided by party leaders. There is simply nine Democrats in the House of Representatives following the November election results.
“I can’t figure out if he’s a Democrat or a Republican. Hey, look, I can count, guys. It doesn’t make much difference whether we add another one here or not,” Fluharty continued. “Honestly, I don’t care… I want to make sure we do this right.”
Fluharty, a lawyer, also said that losing the seat would require de Soto to refuse to take the oath. He asked whether de Soto had had the opportunity to take the oath of office.
“You can ask the prison,” McGeehan replied.
De Soto and his attorney did not respond to requests for comment for this story, including whether de Soto had been given the opportunity to take the oath.
De Soto defeated incumbent Don Forsht, R-Berkeley, last May to win the primary. There was no Democratic candidate in the November general election, but he faced competition from a Constitution Party candidate.
Ahead of the threats, House Republicans had raised concerns with de Soto in a closed session about whether he was being truthful about his military career or whether he was actually a doctor. DragLine, a publication of the American Civil Liberties Union of West Virginia, detail the inaccuracies in de Soto’s statements in an article published earlier this year.
According to a criminal complaint, de Soto said the private meeting angered him and that “God called him to kill her.” He listed several lawmakers, including House Speaker Roger Hanshaw.
The complaint said a Dec. 10 email from de Soto said, “They play stupid games, they get stupid awards… I’ve just begun… and I’m not going to stop.” I had a vision of her to destroy the angel of Moroni.”
State Democratic Party Chairman Mike Pushkin said the party plans to file an injunction in response to Republicans’ handling of de Soto’s seat.
The House and Senate officially elect their leaders
The regular 60 day session will start February 12th.
Members of the House and Senate spent the rest of Wednesday on procedural matters, which included formally electing their respective leaders.
Senators confirmed that Rep. Randy Smith, R-Tucker, will serve as Senate President. Smith, a former coal miner, was chairman of the Senate Energy, Industry and Mining Committee. He replaced Craig Blair, who lost his primary election in May. Sen. Mike Woelfel, D-Cabell, will continue to serve as Senate minority leader; There are two Democrats in the Senate.
Hanshaw, R-Clay, was re-elected as House speaker. He has held the office since 2018 and had no challenger.
Hanshaw told members he is committed to working with Republican Gov.-elect Patrick Morisey to improve the state’s situation penniless health outcomes and turn the tide population declineespecially among university graduates.
“The future that lies ahead is bright. For my part, I will always be optimistic about the state of West Virginia,” Hanshaw told his colleagues after his re-election. “We have an opportunity to create a state where it is easier to choose West Virginia as a place to work, live and raise a family.”
Del. Sean Hornbuckle, D-Cabell, will continue to serve as House minority leader.
Jeff Pack, recently State nursing manager and former Republican lawmaker, was elected to represent the House of Representatives. Pack replaces Steve Harrision, who subsequently announced his retirement Worked in this position for 10 years.
