A voter has initiated legal action against a county in West Virginia, urging for a special election due to nearly 700 ballots that were issued with the name of a Democratic state senate candidate missing. The lawsuit was filed by Mingo County resident James Williamson in collaboration with the American Civil Liberties Union (ACLU) of West Virginia, targeting the electoral contest between Republican candidate Craig Hart and Democrat Jeff Disibbio. This legal challenge was submitted just before the polls closed and the election results were made public.
During the early voting period, which started on October 23 and wrapped up on Saturday, a total of 678 in-person votes were recorded in Mingo County, with 624 of those pertaining specifically to the Senate race. The omission of Disibbio’s name was identified just a day prior to the lawsuit filing. Instead of the actual candidate’s name, an entirely different individual’s name appeared on the ballots.
The lawsuit emphasizes that it is the undeniable right of eligible voters in West Virginia to participate in a fair electoral process. The document asserts this right includes voting on ballots that accurately represent the candidates and issues. Furthermore, it states that this fundamental right is not diminished by the likelihood of a candidate’s victory.
Once the ballot error was recognized, officials paused the election process and fixed the issue within a couple of hours via a reprogramming of the voting machines. However, it still remains unclear whether the omission was unintentional. Disibbio learned about the ballot issue last week from the Mingo County clerk’s office.
According to Deak Kersey, chief of staff for the West Virginia Secretary of State’s office, the absence of the correct options on the ballots is problematic, raising concerns about the integrity of the election. He further noted that Disibbio lost the chance to accrue votes that may have been directed toward him, while voters were deprived of the opportunity to consider all candidates in the race.
Local officials assured those who received incorrect ballots that they could cast a provisional vote. However, Williamson and the ACLU contest that these provisional votes cannot be counted since the original ballots are confidential. Thus, determining which ballots should be annulled in favor of the new provisional ones poses a significant challenge.
The ACLU articulated that this situation unfairly disadvantages Disibbio, as votes that should have been cast for him will not be counted, while votes for his opponent would remain valid. ACLU-West Virginia staff attorney Nick Ward stressed that the matter transcends partisanship, focusing instead on “ballot integrity.” He underscored the essential need to guarantee fair elections where every vote is accounted for, irrespective of the candidates or their chances of winning.
Attempts to reach Mingo County Clerk Yogi Croaff for comments on this situation were met with silence, as there was no immediate response to phone inquiries.