West Virginia Legislators Introduce Clearly Unconstitutional Election Law Bills

by Richard Winger
Ballot Access News
Feb. 18, 2009

Recently, two election law bills have been introduced in the West Virginia legislature that are clearly unconstitutional.

Senators Robert Williams (D-Bridgeport) and Robert Plymale (D-Ceredo) have introduced SB 271, to require declared write-in candidates to pay a filing fee. West Virginia previously had a filing fee requirement for write-in candidates, but it was declared unconstitutional in 2000 in Phillips v Hechler, 120 F.Supp.2d 587. The “Phillips” was Howard Phillips, Constitution Party presidential candidate, who had been told his write-ins would not be counted unless he paid the $2,500 filing fee. Phillips then sued and won.

Delegates Ron Fragale, Tim Miley, and Richard Iaquinta have introduced HB 2052, which says that no one who has ever been convicted of a felony in the courts of West Virginia “or any other court” (which would even include foreign courts) may be elected to any public office. This bill, if enacted, would be unconstitutional as applied to federal office. The U.S. Constitution does not permit the states to add to the qualifications that are listed in the U.S. Constitution.

http://www.constitutionparty.com/news.php?aid=866