On January 8, 2025, West Virginia House Republicans voted to vacate the seat of Joseph de Soto, a delegate-elect accused of making violent threats against lawmakers.
De Soto, who was elected as a Republican but switched to the Democratic Party hours before his arrest, is under home confinement after being released from jail due to these threats.
House Republicans did not expel de Soto, opting instead to pass a resolution declaring that he would not be able to take the oath of office due to his legal situation. This allowed the GOP-majority to retain control of his seat in the 91st district.
The state Democratic Party intends to challenge the decision, arguing that the proper legal procedure would have been for the House to expel de Soto before vacating the seat.
Democrats also believe that, due to de Soto’s party switch, they should be allowed to fill the vacancy if he didn’t serve. The debate hinges on whether the Constitution requires an expulsion before a seat can be vacated or whether de Soto’s failure to take the oath under these circumstances justifies the vacancy.
In a related development, Berkeley County Democrats are preparing a list of nominees for the seat, and Governor-elect Patrick Morrisey, a Republican, will appoint a replacement following the party nominations.
The session also saw the formal election of legislative leaders, including Del. Roger Hanshaw, R-Clay, reelected as House Speaker, and Sen. Randy Smith, R-Tucker, elected as Senate President. Both emphasized the importance of addressing West Virginia’s challenges, including health outcomes and population decline.