CHARLESTON, WV (LOOTPRESS) – A high-stakes legal dispute is unfolding in West Virginia after the House of Delegates declared a seat vacant due to alleged misconduct by Delegate-elect Joseph DeSoto. The decision has prompted a lawsuit filed by the West Virginia Democratic Party and its chair, Mike Pushkin, challenging the constitutional and procedural authority of the House to take such action.
Background of the Case
Joseph DeSoto, a Republican candidate, was elected in November 2024 to represent the 91st Delegate District in Berkeley County. Under state law, his term officially began on December 1, 2024. However, on December 11, DeSoto switched his party affiliation to the Democratic Party.
On January 8, 2025, the West Virginia House of Delegates passed House Resolution 4, declaring DeSoto’s seat vacant. The resolution cited DeSoto’s failure to take the oath of office, as required by the state constitution, and referenced allegations of misconduct, including terroristic threats made in December 2024. DeSoto was subsequently arrested, placed on home confinement, and subjected to protective orders preventing him from contacting certain members of the House.
Legal Challenge Filed by Democrats
The lawsuit filed by the West Virginia Democratic Party argues that the House of Delegates lacked the authority to declare DeSoto’s seat vacant without following constitutional procedures for expulsion.
The petition highlights two key points:
- Failure to Follow Expulsion Procedures: Article VI, Section 25 of the West Virginia Constitution requires a two-thirds majority vote to expel a member. The plaintiffs argue that the House violated this provision by bypassing expulsion procedures and unilaterally declaring the seat vacant.
- Misapplication of Vacancy Protocols: The plaintiffs contend that under West Virginia Code § 3-10-5(a), any vacancy must be filled by a nominee from the party to which the officeholder belonged “immediately preceding” the vacancy. As DeSoto was a Democrat at the time, the Democratic Executive Committee in Berkeley County should have the authority to submit nominees, not the Republican committee.
Arguments and Implications
The plaintiffs cite Powell v. McCormack (1969), a U.S. Supreme Court decision, to assert that elected officials who meet constitutional qualifications cannot be excluded from office without following proper procedures. They argue that the House’s actions undermine the voters’ choice and violate DeSoto’s rights.
The House resolution, however, asserts that DeSoto forfeited his seat by failing to take the oath of office and cites his ongoing legal and personal safety restrictions as grounds for disqualification.
Political Ramifications
The Democratic Party is calling for DeSoto to be seated or for the vacancy to be filled with a Democratic nominee, reflecting the voters’ intent in the district. The Republican Party, which currently holds a commanding 90-9 majority over Democrats in the West Virginia House of Delegates, asserts that Joseph DeSoto’s switch to the Democratic Party is irrelevant because he was never officially seated as a member of the legislature
Next Steps
The petitioners are seeking expedited relief from the West Virginia Supreme Court of Appeals, given the constitutional and representational stakes involved.
