WV STATEWIRECHARLESTON — The West Virginia Supreme Court heard arguments Tuesday over the legality of the process used to remove Joseph de Soto from a House of Delegates seat he won in the 2024 election. DeSoto won the 91st District seat as a Republican but changed his party affiliation to Democrat shortly before his December 2024 arrest on allegations that he threatened other lawmakers. He did not appear at the Capitol to take the oath of office when the Legislature convened in January 2025. The House subsequently declared the seat vacant, citing his failure to take the required oath, and Gov. Patrick Morrisey appointed Republican Ian Masters to fill the position.
The dispute centers on whether the House properly exercised its constitutional authority in declaring the seat vacant and whether the governor followed the appropriate procedure in selecting a replacement. Democrats challenging the appointment argue that DeSoto’s failure to take the oath did not give the House sufficient grounds to permanently vacate a seat won in an election. They also contend that his party affiliation at the time of the vacancy should have resulted in a Democratic replacement. Attorneys representing Morrisey and House Speaker Roger Hanshaw have argued that DeSoto never became a seated delegate because he was never sworn in and that the House has authority to determine the qualifications of its members.
The justices also questioned whether the dispute remains relevant because Masters has served most of the current two-year term and the next election is approaching. DeSoto’s attorney argued that the case still presents an unresolved constitutional question that could arise again. The state maintains that the case is moot because the disputed seat has already been filled and DeSoto never assumed office. The Supreme Court has not issued a decision.
