photo by: W.Va. Legislative Photography

Del. Joe Funkhouser, R-Jefferson, said that House Bill 2702 would help address future issues involving vacancies in congressional, statewide, legislative and magistrate seats.

CHARLESTON — The West Virginia House of Delegates passed a pair of bills Monday; one dealing with vacancies in partisan elected offices in the state, and one expediting the process to move certain voters to inactive status.

The House passed House Bill 2702, relating to vacancies in offices of state officials, in a 94-0 vote Monday morning. The bill now heads to the state Senate.

HB 2702 modified the procedures in State Code for filling vacancies at the congressional level, statewide elected offices, the Legislature, county officials, and magistrates.

The bill mandates that appointments to fill vacancies in partisan elected offices must be made from the political party of which the person vacating the office was affiliated at the time of the previous election for that office. Any person appointed to fill a partisan vacancy must have been a member of that political party for at least one year prior to the occurrence of the vacancy.

“This provides uniformity throughout the code, clear and consistently, and it provides for the will of the voters, in short, in regards to partisan vacancies that occur,” said Del. Joe Funkhouser, R-Jefferson, when explaining the bill on the House floor.

While the bill is not retroactive, the provision is designed to address the issues that arose in January regarding which party was to fill the vacancy in the 91st District House of Delegates seat. Gov. Patrick Morrisey appointed Ian Masters to that vacancy after the House adopted a resolution on Jan. 8 declaring the seat vacated by Joseph de Soto, who won election as a Republican but switched parties to the Democratic Party.

The House adopted House Resolution 4 after de Soto was unable to take his oath of office in the House chamber as required by the state Constitution after he was charged in December with making terroristic threats against fellow Republican House members, resulting in de Soto being on home confinement and protective orders granted on behalf of two lawmakers barring de Soto from the Capitol Building.

The Democratic Party originally filed a lawsuit against Morrisey and House Speaker Roger Hanshaw, R-Clay, but an attorney for Hanshaw filed a notice of automatic stay, which delays lawsuits against lawmakers and legislative officials during a regular or special session. The original case is stayed until after May 12, which is 30 days after adjournment of the legislative session on April 12.

Del. Mike Pushkin, D-Kanawha, said he would vote for the bill but accused his fellow lawmakers of trying to change the law after the fact.

“I am the lead plaintiff in this case regarding this law that’s now being changed,” said Pushkin, the chairman of the West Virginia Democratic Party. “Being a member of the minority party here has its challenges. We learn the rules. We play by the rules. We don’t have the numbers to just change them in the middle of the game.”

HB 2702 would also allow the governor to appoint a temporary acting official to perform the duties of Secretary of State, Auditor, Treasurer, Attorney General, or Commissioner of Agriculture until the vacancy is filled by formal appointment.

For magistrate vacancies with an unexpired term of more than two years, the bill mandates that the vacancy will be filled by a subsequent nonpartisan judicial election held concurrently with the next primary or general election. Circuit judges or chief circuit judges would also be allowed to fill prospective magistrate vacancies due to upcoming resignation or retirement.

The House also passed Senate Bill 487, removing ineligible voters from active voter rolls, in a 84-9 vote split along party lines, with the entire Democratic House caucus voting against the bill. The bill now heads to the governor’s desk.

SB 487 would reduce the period of voting inactivity from four years to two years, meaning that voters who haven’t voted in any election during the preceding two calendar years and who haven’t updated their voter registration records would receive a confirmation notice from their local county clerk’s office and be moved to inactive status.

Pushkin said the bill could be confusing for some voters who only vote in presidential elections.

“I get it, what it’s trying to do, but I think it’s also going to lead to people showing up to vote and realizing that they are no longer registered. It will keep people, some people, from voting,” Pushkin said.