PARKERSBURG - When is a candidate considered a candidate?
No one seems to know, including the office of the West Virginia secretary of state, the state's chief elections officer.
Frank Deem, seeking to challenge incumbent state Sen. Donna Boley, R-Pleasants, for the 3rd District remains on the West Virginia Ethics Commission despite code barring candidates for office from serving on the commission.
Deem understands a candidate can't be a member of the commission, but said he will remain a member until his candidacy is recognized. However, neither the ethics commission nor the secretary of state's office appears willing to address the issue of Deem's candidacy.
The state constitution says no state senators can be from the same county and Sen. David Nohe in the 3rd District is from Wood County and Deem said that provision won't pass muster with federal election laws.
"The focus at present is whether Mr. Deem is, as a matter of law, a candidate for public office," stated Theresa Kirk, executive director of the commission. "As you are aware, election laws are complex and I am not entirely sure that the acceptance of candidacy papers by a public office officially makes one a candidate. It is my understanding that the secretary of state's office must officially certify the candidates within the next several weeks.
"Still, this office has no authority to interpret this particular provision of election law," she said.
West Virginia State Code 6B-2-1 states: No person may be appointed to the commission or continue to serve as a member of the commission who holds elected or appointed office or who is a candidate for federal or state office.
Jake Glance, spokesman for the secretary of state, was asked if Deem's filing for office constituted a candidacy for office or if his candidacy needed to be certified by the secretary of state.
"There are several definitions of 'candidate' in West Virginia Code," he stated in an email reply. "The issue is not how the secretary of state defines the word 'candidate.' There is no single definition of 'candidate' that covers all situations. The secretary of state has multiple definitions of the word 'candidate,' and that varies according to context."
Glance was directed to the code section referring to the Ethics Commission.
"Use of the word 'candidate' in that code is not interpreted by the secretary of state. You will have to ask the ethics commission," he stated. "Here, the context is how is the word 'candidate' as used in a section of code that is governed by the ethics commission, and not the secretary of state. We have no authority to define 'candidate' on behalf of the ethics commission."
As a member of the commission, Deem receives the same compensation and expense reimbursement as members of the Legislature, $150 a meeting plus expenses. All commission meetings are held in Charleston, according to Kirk.
Kirk said it is unclear whether Deem's candidacy will be accepted or rejected by the secretary of state.
"While the secretary of state's office evaluates this matter, in the interim, Mr. Deem will not participate in this month's meeting," Kirk stated in an email to The News and Sentinel.
Kirk - and Deem -are waiting on the secretary of state to decide Deem's status as a candidate.
"Regardless, until this matter is resolved by the secretary of state's office, out of an abundance of caution, Mr. Deem will not participate in commission meetings or otherwise participate in commission matters. Ultimately his resignation may be required, or he may choose to resign. It is premature to speculate since the secretary of state's office will need some time to sort this out," Kirk stated.
Deem, a Vienna resident filed to run for state Senate against Boley in the 3rd Senatorial District. According to article 6-6-4 of the West Virginia Code; every state Senate district has two members and in the case of a multicounty district, such as the 3rd District, the two senators may not be from the same county.
Deem said he is prepared to challenge the code and has retained a Charleston attorney to fight any disqualification of his candidacy.
The secretary of state has until Feb. 14 to certify eligible candidates for office.
