As had been expected, the West Virginia Supeme Court of Appeals has refused to hear a petition by Ernest Sammons against the Mingo County Commission.
The petition filed by Sammons asked the court to order the commission not to choose a replacement county commissioner from names submitted by the Mingo County Republican Executive Committee.
Although the petition was filed prior to their official action, the commission did use the county GOP list of nominees when they chose Martin Fortner.
At issue was that the list included Audrey Smith as one of the nominees. The position being filled was that of Smith’s late husband, Gavin Smith.
Despite provisions in state law that all candidates to replace Gavin Smith had to have been of the same political party he was at least 60 days prior to his passing, Audrey Smith was a registered independent when her husband died.
Sammons, who sought one of the nominations, argued that at least one qualified candidate could not be nominated when Audrey Smith was named.
Fortner was chosen, sworn in and has been servisince June.
The vote not to hear the petition was 4-0 with Justice John Hutchison not participating.
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The passing of Devin Smith means that the voters will have two seats to fill on the Mingo Commission in 2022.
Democrat turned Republican Thomas Taylor’s full term will be up as will the remainder of Smith’s.
State Delegate Nathan Brown, a Lenore Democrat, has filed pre-candidacy papers for commission as has Audrey Smith.
A Brown commission candidacy would leave his newly redistricted House of Delegates seat without him.
Contact Ron Gregory at 304-533-5185 or ronjgregory@gmail.com.