Business, Government Legal News from throughout WVTennant responds to Boley petition to verify Deem ineligible for election

Secretary of State Natalie Tennant filed a response to a petition from Sen. Donna Boley, R-Pleasants, questioning a candidate's eligibility.

Boley is up for re-election, and former senator Frank Deem of Wood County has filed to run against her. The 3rd Senatorial District's other representative, Sen. David Nohe, R-Wood, was elected to a four-year term in 2010.

Tennant's response asks for the court not to address the issue of her ballot certification and duties. The response states that the Secretary of State and other filing officers "do not, as a general rule, have any implied power or duty to question, verify or investigate statements in or otherwise go beyond or behind the ‘four corners' of a candidate's filing certificate."

State code specifies that nobody may file a certificate of candidacy for election from a senatorial district if he or she resides in the same county and same senatorial district where an incumbent senator also resides.

Tennant's response points out "however nothing in this statute references the secretary or grants her any duties of enforcement."

Tennant's response asks if the court does make a decision that it be "conservative."

Boley has said if the courts make a decision, it may stop the situation from happening to somebody else.

"Of all the things the Secretary of State's Office does, I have a real problem with certification of elections," Boley said. "What does the word ‘certified' mean? All she certifies is that you've filed and paid your fee, she's not looking into whether they're eligible."

Ballots must be certified by March 23.