West Virginia House Bill HR4

West Virginia 2025 Regular Session

• Introduced: 1/8/25
• Enrolled: 1/8/25
• Passed: 1/8/25

Caption

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

Summary

House Resolution 4 declares the seat for Delegate-Elect Joseph A. DeSoto in the Ninety-First Delegate District vacant because he did not take the constitutional oath of office required to qualify for service in the West Virginia House of Delegates. The resolution recites that the House considers civil and respectful conduct essential, condemns threats and violence against members, and describes allegations that DeSoto made terroristic threats toward several delegates, leading to a state police investigation, arrest, and criminal proceedings. The resolution further states that DeSoto was not seated on January 8, 2025, did not take the oath of office, and is not expected to do so. It invokes the House’s constitutional authority as the exclusive judge of the qualifications of its members-elect and formally declares the seat vacant. The resolution also directs the Clerk and Sergeant at Arms to serve notice of the action and instructs the Speaker to notify the Governor and the Berkeley County Republican Executive Committee.

Impact

HR4 does not amend the West Virginia Code, but it has immediate institutional effect within the House of Delegates by formally recognizing a vacancy in the Ninety-First Delegate District seat. It relies on Article VI, Sections 16 and 24 of the West Virginia Constitution, reinforcing that taking the oath is a prerequisite to qualification and that the House may judge the eligibility of members-elect before seating them. The practical effect is to remove DeSoto from consideration as a seated delegate and to trigger notice to state and party officials for any follow-up vacancy or replacement process under applicable law and party procedures.

Sentiment

The overall sentiment reflected in the resolution is strongly negative toward Delegate-Elect DeSoto and strongly supportive of decisive action by the House. The text emphasizes safety, respect for public officials, and condemnation of threats and terroristic conduct, suggesting broad institutional concern rather than routine partisan disagreement. No committee debate or vote record is provided, but the resolution’s language indicates a serious and unified response to the alleged conduct and the failure to qualify for office.

Contention

The central point of contention is whether DeSoto’s conduct and failure to take the oath disqualify him from serving and justify declaring the seat vacant before he is seated. Supporters of the resolution, led by the House Speaker and the majority of members present, rely on constitutional qualification requirements and the House’s authority over its own membership. Any opposition would likely focus on due process concerns, the timing of the vacancy declaration, or whether criminal allegations should affect legislative seating before final adjudication, but no opposing arguments are included in the provided materials.