Terra Alta residents gather at a special meeting of the town council on Monday evening to discuss the municipal election. After discussion, the town council voted to keep all the candidates names on the ballot who filed to run for mayor.
Terra Alta residents gather at a special meeting of the town council on Monday evening to discuss the municipal election. After discussion, the town council voted to keep all the candidates names on the ballot who filed to run for mayor.
TERRA ALTA — Terra Alta City Council held a special meeting on Monday night to address June election concerns.
On March 10, town clerks sent certified letters to mayor candidates Mark Ball and Charles Feather stating their names will not be placed on the June 9 municipal election ballot due to residency requirements.
Assistant Clerk R. L. Mersing addressed Ball, Feathers, and council members saying after several calls back and forth to the West Virginia Secretary of State’s office and Preston County Clerk, the town clerks had decided the candidates did not live in the Town of Terra Alta limits according to state code.
“We had citizens come in and inquire how to get these people disqualified from the ballot because, according to the citizens, these gentlemen did not live in the town limits,” Mersing said. “After repeated calls to the Secretary of State and Preston County Clerk’s office, we requested the voter registrations through the Freedom of Information Act.”
“Based on those voters’ registration records, we determined the gentlemen did not live into the town limits, and we removed Mr. Ball and Feather from the ballot as required by the state code.” Mersing said.
Mersing also stated they have requested the current mayor Teresa Dixon’s voter registration information also through FOIA and are awaiting those records.
Kingwood attorney Sheila Williams, who is also the council of record for the Terra Alta Water Board, disagrees with the town clerk and explained to town council the clerks do not have the authority and power to remove a name from the ballot according to state code.
“State code states the only way a name cannot be removed by court order,” Williams said. “The issue you are deciding tonight is if the clerk has the authority and power to remove names from the ballot, and they do not.”
Williams, who is representing Mark Ball, told council members she is prepared to file a Writ of Mandamus in order for her client to on the June ballot.
A Writ of Mandamus can be filled to compel an authority to do (or forbid from doing) a specific act, such as illegally removing a name from an election ballot.
Williams also explained the only way residency can be contested is in a court of law.
“Again, residency cannot be contested at this point, or contested by the town clerk or the council,” Williams said. “The question whether my client is a resident of Terra Alta is for the court to decided. You are sworn in to abide by the law of West Virginia.
“As I said, I am ready to file a Writ of Mandamus on behalf of my client,” Williams said. “I ask this council to assess the cost and expense of going to court as you decide.”
After much discussion, the council voted to keep all the names on the June 9 ballot and let the people decide who they want as their mayor.
Charles Feather did request to have his named removed from the ballot, but it could not be done at this time, and he will remain on the June 6 ballot as a mayoral candidate.
The name order for the ballot will be drawn on March 31 in accordance with the 2015 Municipal Election Calendar from the Secretary of State.
Staff Writer Theresa Marthey can be reached at (304) 276-1127 or by email at tmarthey@prestonnj.com
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