Fayette County, WV (WOAY) – West Virginia Secretary of State Kris Warner spoke with Newswatch 4 following a Tuesday special Fayette County Commission meeting in which Fayette County Republican candidate William Vest was told that 38 votes were illegally cast in his executive committee primary race, a number he says exceeded the margin between him and the next candidate.
The commission offered Vest a recount, which he declined. Vest argued that recounting the same ballots could not remove votes that should never have been cast. The commission then certified the results.
Warner explained that the irregularities were detected through a straightforward comparison.
“In the case where you have a closed Republican primary election, the evidence of irregularity was immediately identified by the county after comparing the number of Republican ballots cast to the number of Republican voters that participated in the election,” Warner said.
But Warner said the Fayette County Commission has no legal authority to investigate the irregular votes.
“The law and decades of Supreme Court precedent make it clear that during the canvass process itself, the canvassers have no authority to look behind the face of the returns,” he said.
With the election certified, the burden now falls on Vest to challenge the result at his own expense and provide his own proof, a process that would require hiring an attorney, presenting evidence before the commission within a set deadline, and potentially taking the case to court. Vest said Tuesday that the situation points to a problem that extends beyond his race.
“It’s a shame it needs to be turned around. How are we going to turn it around? I have no idea,” said Vest.
Warner said the situation was likely due to poll worker error, but said his office has worked to fully train all 55 county clerks and their staffs since August. Warner declined to say whether anyone could face criminal consequences.
“Permitting a voter to vote a ballot for which they’re not entitled could have criminal implications. And I’m not saying that’s where we are right now, but the law prohibits me from discussing any specifics about an ongoing matter,” Warner said.
Vest says he is working to secure an attorney and plans to take the challenge as far as necessary.
Watch the full report above.
