Division 2 Supreme Court race still close
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CHARLESTON -- While additional outstanding absentee ballots shouldn't change the results of the Division 1 and Division 3 races for the West Virginia Supreme Court, the Division 2 race remains close.
According to the most recent unofficial vote totals provided by county clerks to the Secretary of State, attorney and former Raleigh County lawmaker William Wooton leads with 115,668 votes (31 percent), while 13th Judicial Circuit Judge Joanna Tabit follows closely behind Wooton with 108,952 votes (29 percent).
Wooten and Tabit are separated by 6,217 votes, or 1.8 percent. According to the Secretary of State's Office, 261,265 absentee ballots were sent to voters who cited the coronavirus as a valid medical excuse under an emergency rule filed by Secretary of State Mac Warner in March. So far, only 221,477 absentee ballots -- representing 18 percent of registered voters -- have been cast.
Absentee ballots must have a postmark for Tuesday, the day of the election, to be accepted. According to data provided, 10,538 absentee ballots were cast Monday, 7,677 on Tuesday and 2,248 absentee ballots Wednesday, though data was incomplete for that day. Of the number of absentee ballots sent to voters, 15 percent remain outstanding, though some of those voters chose to have their absentee ballots spoiled so they could vote in person during early voting and on Tuesday.
Speaking by phone Thursday, Wooton credited his vote totals with the connections he has made from decades of public service in the Legislature and as an officer in the West Virginia National Guard. Wooton said he was confident in his lead, though conceded much will depend on the remaining absentee ballots being counted.
"I feel pretty confident," Wooton said. "I've received congratulatory telephone calls from each of the incumbent justices. I guess mathematically it is possible that if all the absentee ballots outstanding would come in, they could all break in a way different than the rest of the votes, but I feel good.
Wooton, a Beckley native, ran for the Supreme Court in 2016, coming in third behind former Attorney General Darrell McGraw and current Justice Beth Walker. Wooton served in the state Senate from 1990 to 2000 and served several terms in the House of Delegates, most recently between 2008 and 2010. During his time in the Senate, Wooton was the chairman of the Judiciary Committee.
In a statement Tuesday, Tabit expressed her appreciation to voters for their support. She remains hopeful things flip in her favor, but is realistic.
"I'm very thankful for all the West Virginians who put their trust and confidence in me by voting for me," Tabit said. "By nature, I'm a positive person, but I'm also pragmatic. Although hopeful, I don't anticipate that there will be a change in the way the numbers are trending such that the outcome will be different."
Tabit serves in the state's largest and busiest judicial circuit in Kanawha County. Tabit started her legal career in 1986 while clerking for former state Supreme Court Justice Thomas McHugh and worked for former state attorneys general Roger Tompkins and Mario Palumbo. She was appointed to the 13th circuit in 2014 and won her first term in 2016. Tabit serves on the Supreme Court's Juvenile Justice Commission. She came in second in the 2018 special election, losing to current Chief Justice Tim Armstead.
The winner of Division 2 will serve a full 12-year term and succeed Justice Margaret Workman, the first woman elected to the Supreme Court in 1988. She declined to seek a third term.
Wooton and Tabit were challenged by Putnam County Assistant Prosecutor Kristina "Kris" Raynes with 74,334 votes and 11th Circuit Family Court Judge Jim Douglas with 73,843 votes.