W.Va. primary delayed until June 9
State confirms 2nd coronavirus-related death
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CHARLESTON -- With coronavirus cases expected to peak beginning in May, Gov. Jim Justice ordered the May 12 primary moved to June 9.
"I was absolutely hopeful and supportive of trying to do our election on May 12," Justice said Wednesday during his daily coronavirus briefing at the State Capitol Building. "As we continue to go and we continue to get closer and closer, it's ever so apparent that's absolutely the wrong thing to do."
Justice, Secretary of State Mac Warner, Attorney General Patrick Morrisey, and other officials met Wednesday morning to discuss moving the election, deciding on June 9. The decision was made once state health officials saw that positive cases of the coronavirus could peak at the end of April and the beginning of May.
Pressure has been mounting for the primary, set for May 12, to move 30 or 60 days forward. According to state code, the primary election must be held the second Tuesday of May during an election year. Warner said the Secretary of State's Office and the state's 55 county clerks were ready move Election Day to June.
"We've got this," Warner said. "The governor has made the correct call in postponing this, and now it's just a matter of working out the details."
Warner said other dates -- such as the last day to register to vote, the deadline to turn in absentee voting applications, and the timeline for early voting -- will be announced shortly and be made available on GoVoteWV.com. Warner said he has been in contact with county clerks during the coronavirus crisis.
"We've been on constant contact with them this week," Warner said. "They've raised the questions about how we're going to execute this, but everyone is in this together to make sure this election is run safely with the utmost concern for health."
Justice declared a state of emergency March 16, one day before the state's first coronavirus positive case. Justice issued an executive order March 23 for state residents to stay at home except for groceries and supplies, medical services, travel to and from essential businesses and government agencies, and for outdoor activity.
According to state code, the governor's emergency powers allow him to suspend the provisions of any regulatory statute, as well as the orders and rules of any state agency, but it is silent on the governor's power to ignore provisions of state code. However, it goes on to give the governor the authority to "perform and exercise other functions, powers and duties that are necessary to promote and secure the safety and protection of the civilian population."
Morrisey said he believes Justice has broad authority in state code through the declaration of the state of emergency to do what is necessary to protect the health and safety of West Virginians by moving the date for the primary.
"To maximize the benefit for public health, it makes a lot of sense that you need to change the date of the election," Morrisey said. "The key principle here is the governor is taking actions to protect the constitutional rights. There are a lot of competing issues at stake here, but the action is designed to maximize the number of people who are going to go out and vote, and that's very defensible."
Warner, the chief elections officer of the state, submitted an emergency rule March 23 allowing county clerks to accept the coronavirus as a valid medical excuse on absentee ballot applications to send voters a mail-in ballot. The attorney general's office sent Warner an advisory opinion March 18 clarifying the secretary of state's powers in a state of emergency.
On March 27, the secretary of state's office announced that county clerks were mailing postcard-sized absentee ballot applications to all registered voters allowing them to ask for an absentee ballot. Voters should get the application the week of April 6.
Warner also started Operation: Elective Service to recruit poll workers who are not in the high-risk category for the coronavirus -- people over the age of 60 and people with chronic health issues -- to help work the 1,723 polling locations across the state. Poll workers are paid for training and for Election Day by county clerks. Those interested can visit wvsos.gov for more information.
Also Wednesday, a Jackson County resident died due to complications from the coronavirus, West Virginia's second death linked to the respiratory virus.
According to the Department of Health and Human Resources and the Jackson County Health Department, the Jackson County resident died due to underlying health issues after contracting COVID-19. The person's age, gender, and the hospital where the person died were not identified.
The Jackson County death is the second since the state started sharing test totals March 7. An 88-year-old Marion County woman was the first to die last week due to contracting the coronavirus.
Also Wednesday, Justice extended the closure date for public schools from April 20, and April 30. Justice said he remained hopeful students could return to school earlier, but with President Donald Trump extending social distancing guidelines until April 30, Justice didn't think it would be possible.
"There is some uncertainty with our April 20 date," Justice said. "I think if we were only able to go back to school for two or three weeks, it would give a great opportunity of closure, it would give a great opportunity to give instruction for the summer...it would still be very beneficial to have the opportunity to go back and very hopeful we can do that.
According to the Department of Health and Human Resources, there were 29 new positives cases of the COVID-19 coronavirus in West Virginia Wednesday. The total number of positive cases is now 191 with 4,384 tests coming back negative.
(Adams can be contacted at sadams@newsandsentinel.com)