HOUSE RESOLUTION 4
(By Delegate Hanshaw (Mr. Speaker))
[January 8, 2025]
Declaring a vacancy in the Ninety-First Delegate District of the West Virginia House of Delegates due to the failure to take the Oath of Office by the Delegate Elect as required by Article VI, Section 16 of the Constitution of West Virginia:"
Whereas, The West Virginia House of Delegates finds that civil and respectful debate and behavior is a foundational principle of a free society; and
Whereas, The West Virginia House of Delegates vehemently condemns any menace, acts of violence, or terroristic threats directed at any of its members occasioned by their service to the State of West Virginia; and
Whereas, Members of the West Virginia House of Delegates have an absolute right to be safe and feel secure from threats and/or acts of violence directed at them, and in no manner shall the members be intimidated due to their membership in the House of Delegates; and
Whereas, On or about December 11, 2024, Delegate-Elect Joseph A. DeSoto threatened to kill several members of the West Virginia House of Delegates claiming he was directed by God to do so; and
Whereas, On December 11-12, 2024, the allegations against Delegate-Elect DeSoto were investigated by the West Virginia State Police. Evidence from that investigation was presented to the Magistrate Court of Berkeley County, West Virginia which found probable cause the alleged statements were feloniously made. The Court then issued an arrest warrant for Delegate-Elect DeSoto on charges of making terroristic threats against public officials. Delegate-Elect DeSoto was subsequently arrested; and
Whereas, On December 23, 2024, the Magistrate Court of Berkeley County conducted a felony preliminary hearing and bound Delegate-Elect DeSoto over to the Berkeley County Grand Jury. Delegate-Elect DeSoto was released on bond and placed on home confinement as term and condition of that bond. Delegate-Elect DeSoto will remain on bond and thus on home confinement until he is either indicted or until after the passing of three terms of court which will not occur for more than a year from the date of arrest; and
Whereas, Two members of the House of Delegates petitioned their respective Magistrate Courts for Personal Safety Orders which were granted. Pursuant to the terms of the Personal Safety Orders, Delegate-Elect DeSoto is not permitted any contact with said Delegates and is not permitted to be in their presence. Violation of the terms of the Personal Safety Order are grounds for immediate arrest. The order is in effect until at least ten (10) days following the conclusion of the 2025 Regular Legislative Session; and
Whereas, Article VI, Section 16 of the Constitution of West Virginia requires each legislator take the Oath of Office in the hall of the house to which the member is elected to qualify. Failure to take the Oath of Office as required results in a forfeiture of the seat; and
Whereas, The Eighty-Seventh Regular Session of the West Virginia Legislature commenced on January 8, 2025, when the Delegates and Delegates-Elect took their Oaths of Office in accordance with Article VI, Section 16, or having made other arrangements to do so; and
Whereas, On January 8, 2025, Delegate-Elect DeSoto failed to take the Oath of Office in compliance with Article VI, Section 16 of the Constitution of West Virginia and is not reasonably expected to do so at any point in the future; and
Whereas, Article VI, Section 24 of the Constitution of West Virginia empowers the House of Delegates to be the exclusive judge of the qualifications of the delegates-elect prior to the delegates-elect being seated as members of the House; and
Whereas, The House of Delegates has determined that Delegate-Elect Joseph DeSoto does not qualify to serve as a member of the West Virginia House of Delegates, having failed to take the Oath of Office.
Resolved by the House of Delegates, a majority of the members being present and voting concurring herein:
The House of Delegates hereby declares vacant the seat heretofore designated for Delegate-Elect Joseph A. DeSoto, of the County of Berkeley, Ninety-First Delegate District in that he failed to take the Oath of Office; and, be it
Further Resolved, That the Clerk of the House certify a copy of this Resolution, and that the Sergeant at Arms of the House of Delegates deliver the same to Mr. Joseph A. DeSoto, or his agent, or post the same at his residence at his last known address in Gerrardstown, Berkeley County, West Virginia; and, be it
Further Resolved, That the Speaker of the House of Delegates transmit a letter to the Governor of the State of West Virginia, and to the Republican Executive Committee of the County of Berkeley, Ninety-First Delegate District, of this definitive action by the House.