Mac Warner
Of?ce of the Secretary of State Secretary of State Telephone: (304) 558-6000

State Capitol
Charleston, West Virginia 25305

Toll Free: 
Fax: (304) 558-0900


State of West Virginia

June 24, 2019

Chairman Melody Potter

West Virginia Republican State Executive Committee
P. O. Box 271 1

Charleston, WV 25330

Via US. Mail and email to mpotterwvgop@aol.com

RE: Wood County Republican Executive Committee
Dear Chairman Potter,

The West Virginia Secretary of State?s Of?ce is in receipt of your letter dated June 18, 2019, and
subsequent letters regarding various appointments to the Wood County Executive Committee. I
am seeking clari?cation with regard to those appointments and the relied-upon authority in
making such determinations.

It is important to note that our Of?ce has no authority to make determinations or rule on the
propriety of intra-party disputes, especially those arising under the party?s bylaws. Therefore,
this request is solely to determine whether this Of?ce shall publically publish online the updated
roster you submitted.

Upon review of your letter to the Wood County Republican Executive Committee membership
dated June 18, 2019, you indicate that you, as the State Party Chairperson of the West Virginia
Republican State Executive Committee, rely upon the authority granted by your party?s bylaws
to remove the Chair and appoint several new members of the Wood County Executive
Committee.

However, under the law, ?Vacancies in any executive committee shall be ?lled by the
appropriate executive committee as provided in subsection of this section no later than sixty
days after the vacancy occurs. The chair of each executive committee shall submit an updated
committee list to the Secretary of State within ten days of a change occurring.? W. Va. Code 3-
1-9(g) (other provisions omitted) (emphasis added).

Your letter references your party?s bylaws with regard to your broad discretion and authority to
remove executive committee members and ?ll vacancies by appointment in certain
circumstances. As a matter of prudence, our Of?ce recognizes that courts have generally held
they will not interfere in intra-party disputes, but leave their settlement to methods used and

adopted by the party. See, State ex rel. Goodwin v. County Court of Putnam County, 125
417, 147 62 (1962).

However, in this unique instance, it is unclear what authority this Of?ce must rely upon to
publically publish online the updated roster you submitted.

Therefore, I respectfully request that you provide additional information regarding the roster you
submitted for appointments made to the Wood County Republican Executive Committee.
Speci?cally, according to W. Va. Code only the chair of the county executive
committee has the authority to ?ll vacancies and submit updated rosters to our Of?ce for
publication to the public.

If you, as the Chairperson of the Republican State Executive Committee, relied on the authority
in your bylaws to assume the role of Chair of the Wood County Republican Executive
Committee, please indicate as much in writing to the undersigned and the updated roster
submitted by you will be published. Otherwise, please provide the statutory authority you relied
upon that allows our Of?ce to legally accept the updated roster you submitted.

For purposes of timing under W. Va. Code 3-1-9, our Of?ce will consider all rosters and
vacancy appointment forms timely ?led. However, we will wait for your written response as to
our Of?ce?s legal duty to accept the updated roster and vacancy appointments.

Sincerely,

wad

Donald. . ersey, 

General Counsel

The Of?ce of the WV Secretary of State
State Capitol, Bldg. 1, Ste. 157-K
Charleston, WV 25304

Dkersex- In wvsosnov

(304) 368-6344 (direct)

(304) 558-6000 (main)