April 26, 2017 

VIA HAND DELIVERY

The Honorable Mac Warner
Secretary of State 

State of West Virginia

Building 1-, Suite 157-K

State Capitol -
Charleston,? West Virginia 25305 -

Re: Enrolled Committee Substitute for Senate Bill 255
Dear Secretary Warner: 

Pursuant to the provisions of section fourteen, article of the Constitution of West Virginia, I
hereby disapprove and return Enrolled Committee Substitute for Senate Bill 255.

In this bill, the Legislature adopts the overarching policy that the political party of the person
appointed to ?ll a vacancy in an Executive Constitutional Of?ce, the West Virginia Legislature, or a county
commissioner or clerk office is dependent on which political party the individual ?was af?liated at the time
the vacancy occurred.? (emphasis added) In State ex. rel._Biafore v. Tumblin, 782 223 (2016), the
Supreme Court of Appeals of West Virginia interpreted the West Virginia Code to require that, for the
vacancy of a State Senator who was elected as a Democrat but switched his party registration to Republican,
the Governor was required to appoint a Republican to fill his of?ce. The Supreme Court stated that its
?decision is grounded in law, not in ideology or politics.? Id. at 232. Yet, the Legislature Would use the
holding of this case to justify codifying current law and public policy.

Unfortunately, the current law makes for short-sighted public policy.? It rewards political tornfoolery
rather than the will of the voters in the previous election. If applied to a situation where a Republican or
Democrat switches his or her party registration to the Communist Party before vacating the of?ce, Enrolled
Committee Substitute for Senate Bill. 255 would require the Governor to appoint a replacement from the
Communist Party. That unfathomable scenario is possible under this bill, and I cannot sign it into law.

For the foregoing reasons, I disapprove and return Enrolled Committee Substitute for Senate Bill 255.

 

State Capitol [1900 Kanawha Blvd, East, Charleston, WV 25305 (304) 558~2000

OFFICE OF THE GOVERNOR

cc: The Hon. Tim Amstead
Speaker of the House of Del?gates
The Hon. Mitch Carmichael

President of the Senate