Charleston, W.Va. – WV Secretary of State Kris Warner wants to update voters on the process for filing election violation complaints, and remind voters that not all activities in an election fall under the jurisdiction of the Secretary of State or State Election Commission.
The Secretary of State is the State’s Chief Election Official and has the duty to investigate alleged violations of Chapter 3 of the West Virginia Code (“Election Code”). The State Election Commission (SEC) has jurisdiction over campaign finance reporting and disclosure requirements.
However, any other suspicious or illegal activities that occur during an election fall under either another agency’s jurisdiction or can only be resolved through the circuit court.
Some examples of violations under the Secretary’s jurisdiction include people electioneering within 100-feet of the entrance to a polling place on election day; vote buying; voter intimidation; or providing false information on a voter registration form or candidate’s certificate of announcement.
However, other violations of law that are not specifically listed in the Election Code are not appropriate for an Election Law Complaint to the Secretary of State. The most common examples include candidates making misleading, slanderous, or libelous comments about other candidates (civil matters for circuit court); placing campaign signs in a state right-of-way or on telephone poles (WV Division of Highways); or a candidate using their current public office or privileges for their own private gain (WV Ethics Commission).
When the Secretary of State determines that he has jurisdiction over a matter, notice will be sent via Certified Mail to all parties involved. All parties will have an opportunity to respond to the allegations. The WVSOS Investigation Division will assign an investigator to each case, and gather evidence through interviews, subpoenas, and other means.
WV Election Code prohibits the Secretary of State from disclosing any details of a complaint, including the parties’ names, details of the investigation, and even the existence of an investigation. However, the prohibition against disclosure only applies to the Secretary of State, and parties to an investigation are permitted to publicly discuss the underlying issues.
Ultimately, when it is determined that an Election Code violation is likely to have occurred, the Secretary of State shall refer the case to the appropriate County Prosecuting Attorney where the violation occurred. Only if a respondent to an Election Law investigation is actually charged with a crime would details of the matter become public through the judicial process.
WV Election Code also provides that when the Secretary of State is a party to an Election Law Complaint, the West Virginia Attorney General has jurisdiction to investigate and determine whether prosecutorial referral is appropriate.
“As Secretary of State, it’s my lawful obligation to investigate election law crimes,” said Secretary Warner. “However, recognizing my long history of holding leadership positions within the Republican Party, to maintain the public’s expectation of my impartiality in all election matters, I will recuse myself from any and all involvement in investigations that may cause questions of a conflict between my roles as Secretary of State and a member of the Republican State Executive Committee. In such matters, Deputy Secretary of State and General Counsel David Cook will have the final authority.”
To report an alleged Election Code violation, fill out an official Election Violation Complaint (https://sos.wv.gov/media/424/download?inline), have it notarized, and submit to the Secretary of State’s Investigations Division.
Please visit GoVoteWV.com to find your Election Day polling place, check your registration, and important dates and deadlines for the May 12 Primary Election.
