CHARLESTON, W.Va. — A two-hour hearing before Kanawha Circuit Judge Charles King dealt with Erik Wells’ eligibility to run for Kanawha County Clerk in November as an independent.
Kanawha County Prosecuting Attorney Charles Miller called for a “quo warranto” hearing to determine whether incumbent Vera McCormick, who Wells would run against, is required to put Wells on the general election ballot.
Miller argued that Wells, a registered Democrat and former state senator is attempting to bypass the traditional Democratic primary process to petition to appear on the ballot as an independent.
Wells’ attorney maintained that it is clear the 1st and 14th amendments of the U.S. Constitution protect Wells’ right to appear on the ballot.
By law, candidates wishing to appear on the ballot as independent candidates must obtain signatures of support equal to 1 percent of the vote for that office in the previous election.
Wells collected more than 1,100 signatures, 947 of which were verified to be registered county voters when he filed for candidacy July 18.
King set a Tuesday deadline for both sides to submit findings of fact and proposed final orders. The Nov. 8 election ballots must be certified and printed by the end of the month, according to McCormick.