CHARLESTON, W.Va. — A newly elected delegate from West Virginia was removed from his position on Wednesday while under house arrest, facing charges associated with making terroristic threats against fellow legislators.
Joseph de Soto, who recently switched his party affiliation from Republican to Democrat, was elected in November to represent the southern region of Berkeley County in the 91st district. His arrest occurred in December after he allegedly claimed that he felt divinely inspired to kill several members of the Legislature, including House Speaker Roger Hanshaw and House Majority Leader Pat McGeehan, both of whom are members of the Republican party.
At 61, de Soto was released on bond on December 23 by the Berkeley County Magistrate Court. He is currently confined to his home while awaiting decisions from the grand jury. As part of the conditions of his confinement, he is prohibited from contacting the individuals he threatened and from possessing any deadly weapons.
The House of Delegates, which has a Republican majority, voted to declare de Soto’s seat vacant, prompting the governor to appoint a replacement from his district. The newly elected governor, Patrick Morrisey, is set to take office on Monday, succeeding Jim Justice, who is moving on to the U.S. Senate.
The decision to vacate de Soto’s seat followed a heated exchange in the House regarding procedural fairness, particularly between Democratic Delegate Shawn Fluharty and McGeehan, who outlined the resolution. Fluharty argued that under the state constitution, a lawmaker-elect could only have their seat declared vacant if they refused to take the oath of office. He questioned whether there was any evidence that de Soto had declined to do so.
“I agree that this individual should be removed. However, I believe we should follow proper procedures,” Fluharty stated.
In response, McGeehan asserted, “His current situation of being under home confinement signifies his refusal.” When Fluharty pressed for clarity on whether de Soto had a chance to take the oath, McGeehan replied, “Ask the prison.” Fluharty pointed out that other delegates-elect were absent that day, yet their seats were not proposed for vacancy, expressing concern that a misstep could lead to future legal challenges.
Fluharty clarified that typically, a formal proposal for expulsion should go through the House Judiciary Committee, but that committee would not convene until February. McGeehan defended that the absentees from the session had legitimate reasons for their absence, unlike de Soto, who could not attend due to being under house arrest.
During the discussion, Democratic Delegate Mike Pushkin proposed an amendment requiring that if de Soto’s seat were declared vacant, it should be filled by a Democrat. The amendment was ultimately voted down, even though de Soto had changed his party affiliation to Democrat just one day before his arrest, after previously winning his seat as a Republican with a 72% vote in the general election this past November.
According to West Virginia’s Constitution, the governor is responsible for appointing a replacement from a list of three candidates submitted by the party executive committee of the same political affiliation held by the previous officeholder at the time of the vacancy. Pushkin argued that because de Soto is now a Democrat, that party should be given the opportunity to fill the vacancy.
Following the rejection of Pushkin’s amendment, the Berkeley County Democratic Committee issued a press release urging county Democrats interested in the position to make their intentions known. If found guilty of the charges against him, de Soto faces potential penalties of a fine up to $25,000 and a prison term of three years.
