Government, News

D. C.  Board of Education Election to be Re-Run 

In the past few weeks, it had come to the attention of this paper the claim that the election for the D.C. Board of Education had been placed on the 2022 Primary Ballot incorrectly by limiting the number representatives elected to each district to one, when the WV Code does not limit the number to one district with multiple districts being allowed to have two representatives. 

There are five elected members to the DC BOE. Out of those five members, the Maple District has two members, Angie Curran and Justin Holtz, leaving three seats open for election in the Primary election. 

Those who ran for the three open seats were: Chad Evans (Beech District), Bonnie Davis (Beech District),  Laura Cottrill (Pine District), and Denver Burnside (Oak District). 

The ballots indicated that only one could be chosen per District. 

Bonnie Davis submitted a letter of complaint  dated May 24,, 2022, addressed “To Whom It May Concern”, to the Doddridge County Clerk, Cattee Slater and the other candidates for the election which stated: The most recent primary election was held in Doddridge County, West Virginia on May 10, 2022. Early Voting started on April 27, 2022. During the early voting period, there was a error on the ballot. The error occurred in the section for the non-Partisan election of the Doddridge County Board of Education Members. In West Virginia code, Chapter 18 Section 5 Article 1, it is stated that not more than two board members shall be elected from the same magisterial district. The ballot  originally instructed voters to select only one from each district. Therefore, approximately 250 voters voted on an invalid ballot. The ballot was corrected on /may 7, 2022, only a few days before the election and after early voting ended. This error could have affected the outcome of the election since some voters were not given the proper  instruction on the early ballot.

Additionally, the sample ballot that was published in advance of the election had the incorrect instructions. To my knowledge, no corrected sample ballot  or instruction was ever published. The mistake was also perpetuated by the news media advance of the election, see https://www.wboy.com/news/your-local-election-hg/doddridge-county-2022-primary-election-guide/  stating that Burnside and Cottrill were running unopposed. 

Consequently, I seek to contest the validity of the election pursuant to election laws found in WV code Chapter 3 Section 7 Article 7. 

Please join me in ensuring that the Doddridge County elections are equitable, fair, and above board. Respectfully yours,” Bonnie L Davis. 

In response, on June 2, 2022, Denver Burnside wrote: “ Dear Ms. Davis, I received your letter dated May 24, 2022, regarding your intent to contest the Doddridge County Board of Education May 2022 election results. I acknowledge that early voting ballots included incorrect information about the number of eligible candidates in each magisterial district. As you know, this was an external error by the Board of Ballot Commissioners, outside the control of any of the candidates for the Board of Education race. Pursuant to W.Va. Code 3-7-6, this serves as my response, because I believe you are contesting the election generally. I respect the process and, like you, await the outcome of the contest. Respectfully. Denver Burnside.”

To correct this mistake the County Commission members were directed to hold a hearing and to decide one of three options per the WV Code . They could declare the election as correct; declare the Election invalid  and hold a Special Election or delare the Election invalid and re-vote the  the BOE Election during  the November General Election Ballot. 

On June 27, 2022, Commission President Shawn Glaspell called a Special Meeting to order at 10:01AM after holding a silent prayer and reciting the Pledge of Allegiance . 

He moved Agenda Item B  , where the Commission changed their regular meeting dates in July to the 12th and 26th. 

He then explained the process that the hearing would be held. First, the Petitioner Bonnie Davis would present her case followed by the Respondents and ending with Ms. Davis ‘ closing statement. 

Due to President Glaspell being an employee of the School Board, he removed himself from the proceedings, leaving Commissioner Clinton Means and Commissioner Ronnie Travis to move forward with the Hearing. 

Ms. Davis spoke to the fact of an error being on the ballot and not because she lost but because she felt the citizens have the right to the ballots being correct is why she had contested this race. 

She indicated that she lost by 94 votes but in looking to the results this was only a few votes per Precinct.  Cattee Slater, County Clerk noted that 246 people had early voted with 28 absentee ballots being submitted. 

She followed that the people of the United States is loosing faith in our election system and deserved better and if redone, might change the outcome of the election. 

She also said that she felt this was a mistake, that the mistake was not intentional and felt this could be fixed, that the citizens had the right to vote on valid ballots. 

There were no other people called to speak. Commissioner Means motioned to go into deliberations at 10:12 AM. His motion was approved. 

At 10:35, the Commission came out of deliberations with Commissioner Means first speaking about the time and finances that it took to run for any office and it is important for elections not have bad publicity. 

He stated that it would be best to hold it over to the November election. 

Commissioner Travis stated he wanted it done right and legal, and also approved placing the BOE Election on the November Ballot. 

The hearing was adjourned at 10:37AM.

The following is the Order filed by Commissioners Means and Travis:

“Date 27 June 2022 — Before the County Commission of Doddridge County, was a Petition filed by Bonnie Davis on the 24 May 2022. On the 27th day of June 2022, the parties in this matter appeared  before the Commission for the Hearing. 

After a hearing on the matter, it is the opinion of the Doddridge County Commission, to overturn the 2022 Primary Board of Education Election results. It is Ordered that the contested Non-Partisan Election for Doddridge Couty WV Board of Education be re-run on the General Ballot on November 8, 2022. 

Only the official candidates who filed their Certificate of Announcement during the January filing period (January 10 thru January29, 2022) will be placed  upon the November General Ballot for the Board of Education. 

Entered 22 June 2022.”

After the hearing, Denver Burnside was asked what would the Board do since their terms ended on June 30th. He responded that the members  would stay  seated. Later, Mr. Cheeseman presented the following:  

During each primary election, citizens run for open seats on the five member Doddridge County Board of Education. These five members represent Doddridge County’s four magisterial districts. The magisterial districts are Beech District, Maple District, Oak District, and Pine District. No magisterial district can have more than two elected board members.

In the May 2022 election, four candidates sought three available seats for terms beginning on July 1, 2022. One candidate lives in the Oak District, one candidate in the Pine District and two candidates in the Beech District.

Neither the Doddridge County Board of Education nor the candidates are responsible for creating ballots or overseeing voting. Instead, that is the responsibility of the Doddridge County Clerk and representatives from political parties. That group creates, proofs, and publishes election ballots. Regrettably, the early voting ballots that were approved and published included an error. The ballots needed so show citizens could vote for up to two candidates from the Beech District. Instead, the ballots limited citizens to vote for only one candidate from the Beech District.

By the time candidates caught this error, voters had cast over 200 early voting ballots. The County Clerk printed corrected ballots in time for Election Day, but when results were totaled, less than 200 votes separated all four candidates.

On June 27, 2022, the Doddridge County Commission heard the election contest. The Commission determined that the ballot error warranted a new election, which will be held during the November 8 general election. The Doddridge County Board of Education was not involved in the election contest process. Neither the Board nor any candidate bears responsibility for the ballot error.

The school system has worked with its legal counsel in consultation with the West Virginia Secretary of State’s office to ensure continuity of operations while this matter plays out, in particular because July 1, 2022, is fast approaching. The County Commission determined it is necessary to hold a new election in November 2022. Based on the opinion of the West Virginia Secretary of State’s office, the sitting members whose terms were set to expire on June 30th will continue to serve until members are elected and certified in November 2022.