Governor appoints Republican to embattled West Virginia House of Delegates 91st District seat

A spokesperson confirmed Thursday afternoon that Masters, a 2011 graduate of the West Virginia University College of Law who opened his own law firm in 2020, had been appointed to the seat after the Berkeley County Republican Executive Committee submitted three names to Morrisey by a Wednesday deadline. Masters is also president of the West Virginia Citizens Defense League.

“Ian’s experience leading the WVCDL makes him exceptionally prepared to step in and represent the people of the 91st District,” Morrisey said. “I’m confident he’ll bring experienced conservative leadership and be an effective legislator for southern Berkeley County.”

State code requires legislative vacancies to be filled by the governor from a list of three qualified individuals submitted by a political party executive committee of the same party of the office holder within 15 days of the vacancy. Once the list of names is received, the governor has five days to choose one of the three names to fill the vacancy. The names of the other two Republicans were not immediately available.

De Soto was elected as a Republican in November to the 91st District House seat, but he switched to the Democratic Party on Dec. 11 following a closed-door meeting of the House Republican caucus on Dec. 8. De Soto’s Republican colleagues voted to move forward with expulsion of de Soto at their Jan. 8 organizational session over alleged falsehoods spread by do Soto about his military record.

De Soto was arrested by the West Virginia State Police on Dec. 12 following an investigation into threats made by de Soto to another person regarding several lawmakers. He was charged with making terroristic threats against fellow Republican House members and is on home confinement while his case is being submitted to a grand jury.

The House adopted House Resolution 4 during its Jan. 8 organizational session declaring the 91st House seat forfeited after de Soto was unable to be sworn in for his two-year term due to being on home confinement. Two Republican House members also have orders of protection against de Soto that bar him from the State Capitol Building until 10 days following the end of the 2025 legislative session on April 12.

HR 4 states that due to the seat being forfeited by de Soto, the seat remains a Republican seat despite de Soto’s party switch and the vacancy must be filled by Morrisey appointing a Republican. However, the Berkeley County Democratic Executive Committee submitted its three names to succeed de Soto last week.

“We’re incredibly disappointed but not at all surprised when Republicans only obey a law when it works to their advantage but ignore it when it doesn’t,” said Del. Mike Pushkin, D-Kanawha, the chairman of the West Virginia Democratic Party.

The state Democratic Party filed a writ of mandamus on Jan. 14 against Hanshaw, R-Clay, and Morrisey. The lawsuit requested that the Supreme Court require the House of Delegates to seat de Soto as the lawfully elected delegate for the 91st District and administer the oath of office as soon as de Soto is able to appear in the House chamber, as required by the state Constitution.

The lawsuit also requested the Supreme Court to order Morrisey to select a replacement for de Soto from the three-person list submitted by the Berkeley County Democratic Executive Committee. The Supreme Court set a deadline of Jan. 27 for Hanshaw and the Governor’s Office to file a response to the Democratic Party’s writ of mandamus.

In a press release Thursday afternoon prior to the announced appointment of Masters, Pushkin said they would amend their lawsuit to drop Hanshaw from their lawsuit and their request for the court to order the House to seat de Soto.

The press release came two days after attorneys for the House Speaker filed a notice of automatic stay with the high court seeking to delay the lawsuit until 30 days following the end of the 60-day legislative session beginning Wednesday, Feb. 12, through Saturday, April 12.

“Our focus remains on upholding the law and ensuring that the residents of the 91st District have their voices heard,” said Pushkin. “This issue is too important to allow political maneuvering to stand in the way of fair representation.”

Attorneys for Hanshaw cited State Code 4-1-17, which protects elected lawmakers and certain legislative staff from participating in legal actions during active legislative sessions, as well as 10 days before or 30 days after the completion of a legislative session. If the Supreme Court would have granted the automatic stay, the case would be paused up to May 12. Pushkin accused Hanshaw of being willing to leave the 91st District without representation.

“West Virginia Code 4-1-17 was adopted to ensure the efficient operation of the Legislature during the legislative session, not to deny representation to the residents of a delegate district and certainly not to avoid compliance with the law requiring vacated seats to be filled by someone of the same party as the member at the time the seat was vacated,” Pushkin said. “Speaker Hanshaw’s actions undermine the democratic process and rob the people of the 91st District of their voice in government.”

Hanshaw was unavailable for comment Thursday.